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An Obama-appointed federal judge has temporarily blocked West Virginia’s effort to remove certain artificial food dyes and preservatives from the state’s food supply, pausing enforcement of H.B. 2354 just days before Christmas. The ruling, handed down on December 23, halted parts of the law that Republican Gov. Patrick Morrisey and MAHA backers celebrated as a commonsense step to protect children — and hardworking families are rightly furious that the courts are standing in the way.
The law targeted several FD&C color additives and commonly used preservatives, with a phased timeline that would have removed those chemicals from school lunches and then from foods sold statewide over the next few years. West Virginia lawmakers acted after mounting parental pressure and a broader MAHA push for cleaner ingredients, and other states have passed similar restrictions or are considering them.
Conservative leaders and MAHA allies were explicit about the political significance: HHS Secretary Robert F. Kennedy Jr. has publicly backed these state-level reforms and hailed West Virginia as ground zero for a national effort to get toxic, non-nutritive junk out of kids’ diets. This is a fight over whether Washington and Big Food will continue to dictate what our children eat, or whether states and parents will be empowered to protect their own families.
The lawsuit was brought by the International Association of Color Manufacturers, which claimed economic harm and argued the statute lacked scientific consensus, and Judge Irene Berger wrote that the law was “unconstitutionally vague,” giving regulators too much discretion. Conservatives should not reflexively cheer every corporate complaint, especially when the companies involved are defending ingredients that line their profit margins at the expense of children’s health.
Make no mistake: this is about an activist federal bench substituting its judgment for the people’s will, and the fact that Judge Berger was appointed by President Obama only adds insult to injury for voters who favored legislative reform. States are supposed to be laboratories of democracy where parents and local leaders can make policy — not laboratories subject to federal judges striking down laws because big manufacturers don’t like competition or change.
Gov. Morrisey vowed to press forward and review all legal options, and MAHA supporters — including grassroots moms and advocacy groups — promised to keep the pressure on regulators and manufacturers. That commitment matters: industry has already started to reformulate certain products in response to state action, proving that bold leadership forces change even when the courts try to slow it.
Patriots know this fight is about more than dyes and labels; it’s about defending parental rights, state sovereignty, and common-sense public health over special interests and timid judges. Conservatives should stand with West Virginia leaders, support legislative efforts to protect kids, and keep the heat on those who prioritize corporate clout over childhood safety — because if we don’t fight for our families, who will?
