Federal judge blocks enforcement of West Virginia food dye, additive ban

“A federal judge has temporarily paused West Virginia’s ban on artificial dyes in foods before it can take effect, granting a request from an additive industry group. 

U.S. District Judge Irene Berger of the Southern District of West Virginia earlier this week granted a motion for a preliminary injunction in a lawsuit filed by the International Association of Color Manufacturers (IACM). The order means enforcement of the law will be paused as the case moves forward.

West Virginia’s H.B. 2354, passed by the state Legislature and signed by Gov. Patrick Morrisey (R) in March, bans the use of certain food color additives, including Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2, and other ingredients. 

The ban was set to go into effect on Jan. 1, 2028, to give companies time to adjust without causing major disruptions for consumers, the state said. 

“The statute arbitrarily and irrationally targets color additives no U.S. agency — state or federal — nor any court has ever found to be unsafe,” the IACM said in a statement announcing its suit, adding that the ban lacks “scientific evidence.” 

#StateIngredientBan #HB2354 #MeehanConsultants #FoodRegulations

https://thehill.com/policy/healthcare/5663866-west-virginia-food-dye-ban-hhs-rfk-jr/

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