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An Obama-appointed judge has blocked a state ban on food dyes in West Virginia.
Judge Irene Berger ruled against the state of West Virginia and in favor of a conglomerate of dye manufacturers to halt a ban on the use of artificial food dyes in the state.
The ban, which had the backing of Governor Patrick Morrisey, was considered a landmark in the implementation of Health Secretary Robert F. Kennedy Jr.s’ “Make America Healthy Again” agenda. Kennedy has linked food dyes to the epidemic of chronic disease afflicting Americans, especially conditions like autism, ADHD and cancer.
Fox News reports, “Berger issued a 30-page ruling blocking enforcement of HB 2354, a law drafted by Del. Adam Burkhammer, R-Upshur, which bans food and pharmaceuticals that have been ‘adulterated’ with artificial compounds including butylated hydroxyanisole, Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
“Knowingly contaminating food with such artificial dyes and compounds would have resulted in a potential misdemeanor charge and $500 fine, according to the Wheeling News-Register.
“Red 3 is already banned by the FDA, in part due to lab tests on rats that found development of thyroid issues and cancerous side effects, according to NIH and HHS documents.”
The case was brought by the International Association of Color Manufacturers (IACM), which claimed the ban would cause economic harm to its members, allowed Charleston to “usurp” Washington’s power to regulate food safety, and would harm interstate commerce.
“The statute arbitrarily and irrationally targets color additives no U.S. agency—state or federal—nor any court has ever found to be unsafe,” IACM said in an official statement.
In her ruling, Berger wrote that while a number of food additives were named in the law, its use of the term “poisonous and injurious” lacked “criteria guiding its determination.” She claimed this omission could harm dye manufacturers.
“If a parent notifies [the West Virginia Department of Health] 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,” Berger said.
Governor Morrisey said he would fight the ruling, and Republicans slammed it, with one local politician describing the judgment as “pretty evil.”
“Imagine being so addicted to profit that you would go to court to fight for your company’s ability to willingly and knowingly continue to poison the kids of this state and nation because you refuse to alter your formulas,” Del. David Elliott Pritt of Thurmond said.
