Judge Puts Stop to Food Dye Ban Championed by RFK Jr.
Make it make sense!
Dec 28, 2025
A federal judge granted on Tuesday a preliminary injunction order that would prevent the enforcement of parts of West Virginia’s H.B. 2354, which takes aim at artificial food dyes.
U.S. District Judge Irene Berger of the Southern District of West Virginia entered the preliminary injunction order Tuesday, according to WV Metro News. According to the order, the International Association of Color Manufacturers (IACM) sought to prevent the enforcement of West Virginia’s H.B. 2354, as it amended Section 16-7-2(b)(7) to include seven color additives that are “poisonous and injurious” as ingredients or substances.
The seven color additives named are butylated hydroxyanisole, propylparaben, FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6.
H.B. 2354 also added a provision, Section 18-5D-3A, prohibiting these color additives “as an ingredient in any meal served in a school nutrition program,” with the exception of school fundraising events on or away from campus occurring “at least one half-hour after the end of the school day,” according to the order.
The IACM argued H.B. 2354 violates the Equal Protection Clause by singling out manufacturers and fails a rational basis review by not providing any factual findings stating why the color additives named in Section 16-7-2(b)(7) are unsafe, according to the same order. The IACM also said H.B. 2354 is “unconstitutionally vague” by not defining “poisonous and injurious,” and leaves the door open for “arbitrary enforcement.”
more:
https://www.vigilantfox.com/p/judge-puts-stop-to-food-dye-ban-championed