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Judge Blocks WV’s Plan to Cut Toxic Dyes from Kids’ Lunches

A federal judge has stepped in to block enforcement of West Virginia’s commonsense law that would keep harmful artificial dyes out of kids’ lunches, handing a temporary victory to corporate interests and judicial activists. This is exactly the sort of out-of-touch interference Americans warned about when courts began substituting their judgment for lawmakers elected by the people. The decision enrages parents who want safer food for their children and who expect their state to protect them first.

West Virginia’s House Bill 2354 — championed by Republican leaders and signed by Governor Patrick Morrisey — was a straightforward move to ban seven synthetic dyes from school meals this year and from all foods sold in the state by 2028 as part of the Make America Healthy Again agenda. The law came after real conversations about skyrocketing chronic illness and childhood health problems in a state that desperately needs practical reforms, not Washington hand-wringing. If you think protecting kids is political theatre, ask any parent whose child struggles with hyperactivity and see who they blame.

Food activist Vani Hari and other MAHA supporters rightly called out the cynical alliance of big brands and lobbyists that rushed to the courthouse instead of the lab — choosing lawyers over healthy alternatives for children. Hari’s frustration is the frustration of millions who watch corporations prioritize profits and shelf appeal over the well-being of their own customers. We shouldn’t be surprised when industry fights change by invoking technicalities instead of offering safer products and honest labeling.

Predictably, the food-color manufacturers have pushed back, filing suit and arguing the law is unconstitutional and vague — a legal gambit designed to slow reform and protect market share rather than kids. These manufacturers rely on federal approvals and old studies while ignoring mounting public pressure for cleaner food and clearer choices for families. The legal fight shows exactly why states must be allowed to innovate when federal regulators drag their feet or bow to industry.

West Virginia says it will press ahead, and conservatives should cheer that resolve instead of bowing to judicial shortcuts that handcuff the people’s ability to protect their children. This is about basic sovereignty and common-sense government: if a state legislature and governor act to safeguard kids, a judge shouldn’t be able to freeze that effort for the benefit of corporate lawyers. Patriots should rally behind parents and state leaders who put children first — and demand that businesses stop standing in the way of reform.

Written by Keith Jacobs

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