
MAHA backers refuse to stop pushing for healthier food as Obama-appointed judge deals blow
Trump administration announces artificial dyes to be phased out of ice cream by 2027 Secretaries Rollins and Kennedy held a press conference on Monday, July 14, announcing that over 40 ice cream companies are committed to removing artificial colors by 2027. American farmers and dairy producers were in attendance. The "Make America Healthy Again" (MAHA) movement hit the ground running in 2025 - pushing a wave of health policy changes nationwide, especially around food and nutrition. Now supporters vow that one court setback will not slow them down. A West Virginia judge paused enforcement of parts of H.B. 2354 - the state law restricting certain food dyes and preservatives - during the holiday week, on Dec. 23. That triggered swift backlash from state leaders and advocates who say the fight is only intensifying. In her ruling, Judge Irene Berger - appointed by former President Obama - said the law is "unconstitutionally vague because it fails to provide sufficient notice and invites arbitrary enforcement." COMMON CHEMICALS, FROM FOOD ADDITIVES TO PESTICIDES, MAY BE WRECKING YOUR GUT HEALTH, STUDY SAYS She added that the statute does not spell out how the West Virginia Department of Health should determine whether color additives beyond those specifically listed are "poisonous and injurious." Berger was nominated in 2009 by Obama to serve as a U.S. district judge for the Southern District of West Virginia. A West Virginia judge appointed by former President Barack Obama has paused a Make America Healthy Again food dye ban, calling the law "unconstitutionally vague" in a major setback for the health movement. (Nathan Posner/Anadolu via Getty Images) West Virginia's House Bill 2354, signed by Gov. Patrick Morrisey, aims to phase out specific artificial dyes in stages. Beginning on Aug. 1 of this year, seven dyes were banned from school lunches - and starting Jan. 1, 2028, the same dyes, along with two preservatives, would be banned from food products sold statewide. The judge’s new ruling does not apply to school nutrition programs - so the school-lunch portion remains on track even as the broader legal fight plays out. PEPSICO TO REMOVE ARTIFICIAL INGREDIENTS FROM POPULAR FOOD ITEMS BY END OF 2025 Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3 were all banned from school lunches starting in August. The same food dyes, plus the preservatives butylated hydroxyanisole and propylparaben, will be banned from all food items sold in the state beginning in 2028. The food dye ban in West Virginia is "unconstitutionally vague because it fails to provide sufficient notice and invites arbitrary enforcement," said a judge. Others disagree vehemently. (iStock) Gov. Morrisey, a Republican, issued a statement blasting the decision as a detour, calling it "premature and incorrectly decided." "West Virginia will continue to defend its authority to protect the health and well-being of our citizens, especially children ," his statement said. "We are reviewing our legal options and...
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