Judge Blocks West Virginia's Ban on Artificial Color Additives in Foods and Pharmaceuticals
U.S. District Judge Irene Berger of the Southern District of West Virginia has issued a preliminary injunction blocking Charleston's enforcement of West Virginia House Bill 2354. The bill bans foods and pharmaceuticals adulterated with specified artificial color additives such as Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3, and would have imposed penalties including misdemeanor charges and $500 fines.
The lawsuit was filed by the International Association of Color Manufacturers (IACM), which argued that the statute harms interstate commerce and lacks scientific evidence, describing the ban as arbitrary against color additives. While Judge Berger rejected the claim that the law constitutes an unlawful bill of attainder, she noted that the term "poisonous and injurious" in the statute lacks clear criteria, creating uncertainty in enforcement.
West Virginia Governor Patrick Morrisey expressed respectful disagreement with the ruling, affirming his commitment to defending the state's authority to protect citizens’ health and reviewing legal options to continue advancing the policy. The measure, drafted by Delegate Adam Burkhammer, has not yet taken effect. Judge Berger further noted that Charleston’s ability to regulate public health and safety would not be harmed by her ruling.
Kennedy's appearance in Martinsburg and Governor Morrisey’s remarks framed the broader Movement for a Healthy America (MAHA) agenda as beginning in West Virginia. The article also highlights Walmart's plans to remove synthetic dyes, artificial sweeteners, and fats from store-brand products by January 2026, signaling private-sector actions responding to concerns over artificial colors.
Other states including California, Virginia, Utah, and Arizona are also pursuing similar bans, primarily targeting the use of artificial color additives in school lunches.
