A federal judge granted a preliminary injunction this week blocking measures in West Virginia’s law targeting food dyes.
U.S. District Judge Irene Berger asked, “What facts or data, if any, must the WVDOH rely on before determining that additional color additives are ‘poisonous and injurious?’ Is it sufficient for the [West Virginia Department of Health] to rely on any study when making its determination or none at all?”
“If a parent notifies WVDOH that they believe their child is sensitive to a color additive, is that a sufficient basis for a color additive to be deemed ‘poisonous and injurious,’ or must the WVDOH conduct a further investigation? It is far from clear,” the judge wrote, adding, “Granting an injunction will not harm the WVDOH inasmuch as it has not begun taking steps towards enforcement, nor will it harm the state’s ability to enact health and safety legislation.”
Upon signing the law in March, Governor Patrick Morrisey (R) said, “By eliminating harmful chemicals from our food, we’re taking steps toward improving the health of our residents and protecting our children from significant long-term health and learning challenges. Thank you to the Legislature, HHS Secretary Robert Kennedy, and the entire Trump Administration for helping us launch this movement right here in West Virginia.”
The law, House Bill 2354, aims to ban the “sale of any food product in the state that includes the dyes Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.” The dyes are also to be removed from school food programs.
