HHS Secretary Robert Kennedy, left, WV Gov. Patrick Morrisey, right. (Andrew Harnik/Getty Images)
"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."
While Berger ruled in IACM’s favor, she also rejected their claim that the policy was an unlawful bill-of-attainder, or law singling out a person or group, according to the News-Register.
In a statement, Morrisey said he "respectfully disagree[s] with [the] ruling."
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"[W]e believe this decision is premature and incorrectly decided. West Virginia will continue to defend its authority to protect the health and well-being of our citizens, especially children," he said.
"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.
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In her ruling, Berger wrote that while several food additives were specifically named in the law, its use of the term "poisonous and injurious" lacked "criteria guiding its determination" — an omission that could unfairly harm dye manufacturers.
"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.
She also argued that since the law has not taken effect yet, it will not harm Charleston’s ability to regulate public health and safety.
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Republicans slammed the ruling, with Del. David Elliott Pritt of Thurmond faulting "Big Food" for challenging the law in the first place.
"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."
Some in the private sector have heeded Kennedy’s warnings about the dangers of food additives, with Walmart planning to remove synthetic dyes and some artificial sweeteners and fats from its generic store brands in the U.S. by January, according to Fortune.
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.
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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.
"And [linked] particularly to the dyes. It’s very clear the dyes that Governor Morrisey is banning … are linked in very strong studies to ADHD and to cancers."
California, Virginia, Utah and Arizona have since sought to enact similar bans largely focused on school lunches.
Charles Creitz is a reporter for Fox News Digital.
He joined Fox News in 2013 as a writer and production assistant.
Charles covers media, politics and culture for Fox News Digital.
Charles is a Pennsylvania native and graduated from Temple University with a B.A. in Broadcast Journalism. Story tips can be sent to charles.creitz@fox.com.
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