A judge in the US state of West Virginia has issued a preliminary injunction against a law banning seven artificial colours.
In March last year, West Virginia introduced legislation outlawing the use of colours including Red Dye No. 40 and Yellow Dye No. 5.
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The ingredients were banned from food served through school programmes in the state from August. They were to be pulled from all food products sold in West Virginia by the start of 2028.
In October, the International Association of Color Manufacturers (IACM) launched a bid to overturn the legislation – dubbed HB 2354 – arguing the regulation was passed “without providing any substantiated or rational basis for classifying covered products as unsafe”.
IACM asserts the ban is “unconstitutionally vague”, a claim Irene Berger, US district judge for the Southern District of West Virginia, said in a filing on 23 December was “likely to succeed”.
Berger added: “Because there are no criteria to guide the determination of additional colour additives as ‘poisonous and injurious’, HB 2354 provides no notice as to the inclusion of additional colour additives, leaving the door open for arbitrary enforcement. The court, therefore, finds the plaintiff is likely to succeed on its vagueness claim.”
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By GlobalDataIACM had also argued the legislation would cause “irreparable harm” for its members. “The plaintiff has made a sufficient showing that its members will suffer irreparable harm,” Berger added, pointing to the likelihood the law would be deemed “unconstitutionally vague”.
The ban in schools is unaffected by the lawsuit.
On Christmas Eve, Republican West Virginia Governor Patrick Morrisey said the state “respectfully disagrees” with the ruling, which he described as “both premature and wrongly decided”.
In a post on X, Morrisey said: “West Virginia will continue to defend its authority to protect the health and well-being of our citizens, especially children. We are reviewing our legal options but will continue to press forward with our efforts to get harmful crap out of our food supply.”
US regulators are pushing to remove artificial ingredients from food and drinks, efforts largely spurred by Health Secretary Robert F. Kennedy Jr.
Companies are facing a wave of state-level action. More than 20 US states have introduced bills to ban dyes and other additives linked to health concerns, including California, Texas and Utah.
Last month, food and drinks trade bodies representing the industries’ largest manufacturers filed a lawsuit against efforts in Texas to require warning labels for certain ingredients.
In June, the Lone Star state passed legislation – called SB 25 – that will require producers to place warning labels on items containing certain artificial colours and additives.
The use of more than 40 substances, including synthetic food dyes and bleached flour, in products sold in Texas will require the labels. Manufacturers have until 1 January 2027 to remove the ingredients or, from that date, use the warning labels.
