Federal Judge Blocks West Virginia’s Ban on Synthetic Food Dyes

A federal judge has halted West Virginia’s significant ban on artificial food coloring, expressing concerns that the law lacks clarity.

On Tuesday, District Judge Eileen Berger issued a temporary injunction against HB 2354, known as the Make America Healthy Again (MAHA) bill. This legislation, championed by U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr., aims to restrict seven different types of synthetic food colorings.

Judge Berger, nominated by President Barack Obama in July 2009, pointed out that the law doesn’t clearly define which substances beyond the named dyes could be labeled as “toxic and harmful.” She warned that this vagueness could lead to arbitrary enforcement and regulatory power, muddying the waters of compliance for businesses.

The preliminary injunction allows for the law’s legal challenges but does not invalidate it entirely at this point.

After Governor Patrick Morrissey (R-Virginia) approved HB 2354 in March, it aimed to prohibit synthetic dyes such as FD&C Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6. Research indicates that these dyes might exacerbate hyperactivity and attention issues in some children, with certain pigments potentially influencing behavior over time through various biological pathways.

This legislation aligns with President Kennedy’s vision to tackle food safety inequities, eliminate unhealthy additives, and safeguard children’s health. He often cites studies linking these synthetic pigments to neurobehavioral issues like hyperactivity and irritability, asserting that petroleum-based dyes are “toxic compounds” offering no health benefits.

The situation underscores the ongoing clash between industry advocates pushing for uniform regulations and public health groups aiming to limit unhealthy additives in processed foods—substances that are much more regulated or outright banned in places like Europe and Canada.

An addition to HB 2354 also aims to prohibit these dyes in meals served through school nutrition programs, although exceptions are made for fundraising events.

The dyes targeted by Robert F. Kennedy Jr. are prevalent in many processed foods aimed at children, creating bright colors that appeal to younger consumers. Notably, the three leading dyes—Red 40, Yellow 5, and Yellow 6—constitute about 90% of synthetic dye usage in U.S. food products.

Interestingly, Red 3 has already been banned by the FDA, especially after studies showed links to rapid thyroid cancer progression in rats.

“This law arbitrarily and unreasonably targets colorants, and no U.S. government agency has ever deemed them unsafe,” stated the International Association of Colorant Manufacturers (IACM), which contends that the ban lacks substantial scientific backing. Since IACM represents firms profiting from food colorings, their financial interests hinge on the regulatory landscape.

They argue that reduced regulation could lead to more accessible processed foods, ultimately boosting revenues for their member companies.

Despite siding with IACM on some counts, Berger dismissed their claim that the legislation unfairly targeted specific individuals and companies. She noted that while some food additives are clearly designated, the term “toxic and harmful” lacks defined standards for determination, which could pose risks to dye manufacturers.

“If someone informs the West Virginia Department of Health that their child might be sensitive to color additives, is that enough to categorize those additives as ‘toxic and harmful,’ or is further investigation needed? It’s not clear,” Berger remarked.

This temporary injunction does not permanently invalidate West Virginia law. A broader statewide ban set for 2028 is still on the horizon, while another provision targeting additive use in school nutrition programs has been active since August 1, 2025.

Several states, including California, Virginia, and Utah, are also exploring or have already implemented similar restrictions on synthetic food dyes in educational settings.