Hold onto your candy wrappers, folks—a federal judge just threw a wrench into West Virginia’s plan to scrub artificial food dyes from the menu.
In a nutshell, a court ruling on Dec. 24, 2025, temporarily blocked parts of a state law aimed at banning certain color additives deemed harmful, pushing pause on a policy not even slated to fully kick in until 2028.
Let’s rewind to March 2025, when Republican West Virginia Gov. Patrick Morrissey signed H.B. 2354 into law with a flourish of health-conscious intent.
This legislation, amending state code, labeled seven specific color additives as “poisonous and injurious,” targeting compounds like FD&C Red No. 40 and FD&C Blue No. 1 for elimination from everyday eats.
Not content to stop at labels, H.B. 2354 also barred these dyes from school nutrition programs, though it graciously allowed them at fundraisers—provided they’re held well after the final bell.
Fast forward to April 2025, when Health and Human Services Secretary Robert F. Kennedy Jr. doubled down, announcing a national push to purge many of these same synthetic, petroleum-based dyes from the U.S. food supply by the end of 2026.
Now, enter the International Association of Color Manufacturers (IACM), which cried foul, arguing that West Virginia’s law unfairly targets their industry and lacks solid evidence to justify calling these additives unsafe.
The IACM didn’t hold back, claiming H.B. 2354 is so vague in defining “poisonous and injurious” that it risks arbitrary enforcement—a legal gray area that could spell chaos for businesses.
So, they took it to court, and on Dec. 24, 2025, U.S. District Judge Irene Berger of the Southern District of West Virginia sided with them, issuing a preliminary injunction to halt enforcement of key parts of the law.
As Gov. Morrissey put it in March 2025, “West Virginia ranks at the bottom of many public health metrics, which is why there’s no better place to lead the Make America Healthy Again mission.”
He added, “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.”
Admirable words, Governor, but let’s be real—while the sentiment behind “Make America Healthy Again” tugs at the heartstrings, slapping a scarlet letter on food dyes without airtight proof feels like a solution in search of a problem.
Until the courts sort this out, the West Virginia Department of Health is barred from enforcing the ban, leaving the fate of H.B. 2354 up in the air.
Look, no one disputes the need to protect kids and improve public health, but when policies overreach without clear evidence, they risk trampling on fairness and economic stability for industries already navigating a regulatory minefield.
So, while the fight over food dyes simmers, one thing’s clear: this legal showdown is less about Skittles and more about whether government can dictate what’s “safe” without doing its homework—stay tuned for the next round.