- by foxnews
- 19 May 2026
During his first trip as America's lead healthcare official in March, Kennedy spoke in Martinsburg, W.V., alongside Gov. Patrick Morrisey, who said his state's ban plan and the Democrat scion's choice to visit the area first shows the "MAHA" movement "begins right here in West Virginia."
By Wednesday, a federal judge in the Mountain State, Judge Irene Berger of the Southern District of West Virginia, blocked those plans, siding with food dye manufacturers and issuing a preliminary injunction halting Charleston's ability to enforce the policy Morrisey championed at Kennedy's event.
Berger issued a 30-page ruling blocking enforcement of HB 2354, a law drafted by Del. Adam Burkhammer, R-Upshur, which bans food and pharmaceuticals that have been "adulterated" with artificial compounds including butylated hydroxyanisole, Red 3, Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3.
"The statute arbitrarily and irrationally targets color additives no U.S. agency - state or federal - nor any court has ever found to be unsafe," IACM said in a statement announcing its suit, adding that the ban also lacks "scientific evidence."
"We are reviewing our legal options and will continue to press forward with our efforts to get harmful crap out of our food supply."
Fox News Digital reached out to Kennedy's office for comment.
"Imagine being so addicted to profit that you would go to court to fight for your company's ability to willingly and knowingly continue to poison the kids of this state and nation because you refuse to alter your formulas," Pritt said, calling that viewpoint "pretty evil."
West Virginia House Health and Human Resources Committee Chairman Evan Worrell, R-Huntington, told MetroNews that the law was never about politics but protecting children from "unnecessary chemical additives" that are already banned in other countries.
During his Martinsburg appearance, Kennedy said that the increasing epidemic of social loneliness and "dispossession," as well as the "crises we have in mental health, in suicide, in ADD, ADHD" are all linked.
California, Virginia, Utah and Arizona have since sought to enact similar bans largely focused on school lunches.
Despite recent hantavirus and norovirus outbreaks, cruise demand remains strong, experts say, with over 38 million ocean cruise passengers projected this year.
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