A federal judge has blocked West Virginia’s law banning certain dyes and additives in foods sold in the state as the case against it moves forward. The case was brought forward by the International Association of Color Manufacturers (IACM) against West Virginia lawmakers, with Obama-appointed Judge Irene Berger siding with the industry group. This comes as the US Department of Health and Human Services has taken steps to ban certain artificial dyes in food and medicine.
HB 2354, which is set to go into effect in January 2028, classifies cases of "food, drink, confectionery, or condiment" as being "adulterated" if it contains "any added substance or ingredients which are poisonous or injurious to the health, including butylated hydroxyanisole, propylparaben, FD&C Blue No. 1, FD&C Blue No. 2, FD&C Green No. 3, FD&C Red No. 3, FD&C Red No. 40, FD&C Yellow No. 5, and FD&C Yellow No. 6." Violations of the law including misdemeanor charges and fines of up to $500 or jail time of up to one year. The law also bans the use of the color additves "as an ingrediant in any meal served in a school nutrition program." The school provision went into effect in August 2025.
