CHARLESTON, WV (LOOTPRESS) — The International Association of Color Manufacturers (IACM) has filed a federal lawsuit challenging West Virginia’s new law banning several FDA-approved synthetic food colorings, calling the measure unconstitutional and unsupported by science.
The lawsuit, filed in the U.S. District Court for the Southern District of West Virginia, seeks to block enforcement of House Bill 2354 — a law that classifies seven synthetic dyes, including Red 40, Yellow 5, and Blue 1, as “poisonous and injurious.” The measure partially took effect on August 1 for school meal programs and will expand statewide in 2028.
IACM argues that the law defies decades of federal and international safety studies confirming the dyes’ safety. The association, representing color manufacturers and food producers, says the ban “arbitrarily prohibits” ingredients that have been certified by the U.S. Food and Drug Administration as safe since the 1960s.
“There is no scientific evidence or factual record supporting West Virginia’s claim that these color additives are dangerous,” the lawsuit states. “The Legislature merely decreed, without justification, that they are poisonous.”
The group contends that the law violates several constitutional provisions — including equal protection, due process, and prohibitions against bills of attainder — by unfairly singling out specific dyes and imposing potential criminal penalties without proof of harm.
The law was sponsored by several Republican lawmakers and signed in March by Gov. Patrick Morrisey, who said the move made West Virginia “a leader in the Make America Healthy Again mission.” Health Secretary Robert F. Kennedy Jr. attended the signing ceremony, though the FDA — which falls under his department — continues to deem the banned dyes safe for use.
IACM warns that the law could cause “irreparable harm” to food manufacturers and retailers, forcing costly reformulations, disrupting supply chains, and raising food prices. The group also argues that the restrictions on school meals improperly interfere with the constitutional authority of the State Board of Education.
The suit asks the court to declare the law unconstitutional and permanently block its enforcement.
