Federal Judge Blocks RFK Jr.’s Food Dye Reform Push

A judge has rejected Secretary Kennedey’s goal to Make America Healthy Again by Blocking a Food Dye Ban in West Virginia.

Published December 26, 2025

On Tuesday, a West Virginian federal judge dealt a major setback to Secretary Robert F. Kennedy Jr.’s effort to curb artificial food additives, blocking a state law inspired by his Make America Healthy Again (MAHA) initiative.

U.S. District Judge Irene Berger, appointed by President Barack Obama, issued a preliminary injunction halting the enforcement of West Virginia’s HB 2354, a law crafted to ban a range of artificial dyes and preservatives commonly found in processed foods.

The judge sided with the International Association of Color Manufacturers, a trade group that challenged the statute, stating that its language was too vague and lacked clear scientific criteria for determining which additives should be deemed “poisonous and injurious.”

The West Virginia law targeted additives such as Red 40, Yellow 5, Blue 1, and related compounds long criticized by advocate groups for potential links to behavioral issues in children, like hyperactivity, and other health concerns. Although Red Dye No. 3 has already been banned federally due to cancer concerns in laboratory animals, many of the other dyes remain approved by the FDA.

🚨 BREAKING: 2009 Obama "judge" Irene Berger just BLOCKED West Virginia's ban on TOXIC artificial food dyes, the ones linked to hyperactivity in kids.

RFK Jr. & MAHA are fighting BIG FAKE FOOD to protect our children, but leftist judges side with corporations AGAIN!

WHERE IS… pic.twitter.com/PUUVOh518v
— Publius (@OcrazioCornPop) December 26, 2025

“If a parent notifies [the West Virginia Department of Health] that they believe their child is sensitive to a color additive, is that a sufficient basis for a color additive to be deemed ‘poisonous and injurious,’ or must the WVDOH conduct a further investigation? It is far from clear,” Berger said, according to West Virginia MetroNews. (RELATED: Virginia Moves to Block SNAP Purchases of Soda Under New Federal Agreement)

Secretary Kennedy has made food system reform a centerpiece of his MAHA agenda. The initiative aims to reduce chronic disease and promote public health by encouraging reduced consumption of ultra-processed foods, cutting out certain chemical additives, and advocating for cleaner nutritional standards.

In April 2025, FDA officials announced plans to begin phasing out several petroleum-based dyes over the coming years, citing studies that point to possible health risks. Despite Berger’s ruling, West Virginia Governor Patrick Morrisey promised to review legal options and continue efforts to “get harmful crap out of our food supply,” supporting Kennedy’s push for stricter food quality standards.