A Judge, a Technicality, and the Fight Over What We Feed Our Kids
Well, folks, it turns out the debauchery didn’t quite wrap up before the year did.
Last week, in a memorandum opinion issued Tuesday evening, U.S. District Judge Irene Berger (appointed by President Obama) granted a preliminary injunction sought by the International Association of Color Manufacturers (IACM), effectively blocking West Virginia from enforcing House Bill 2354. Legislation aimed at banning certain food dyes and additives deemed unsafe.
The law was straightforward in intent, if potentially controversial in execution. HB 2354 amended state code governing “adulterated food and drugs,” prohibiting a slate of synthetic additives commonly found in processed foods sold in West Virginia. Among them: Red Dye No. 3, Yellow Dye No. 5, Red Dye No. 40, Yellow Dye No. 6, Blue Dyes No. 1 and No. 2, Green Dye No. 3, as well as preservatives like butylated hydroxyanisole and propylparaben.
In other words, the same chemical rainbow parents, and consumers alike, have been questioning.
The bill also carved out protections for small sellers; those making under $5,000 per month in food sales—while reserving penalties for those who knowingly sold products containing banned additives without disclosure. Violations could carry misdemeanor charges, fines up to $500, up to one year in prison,........





















Toi Staff
Sabine Sterk
Gideon Levy
Mark Travers Ph.d
Waka Ikeda
Tarik Cyril Amar
Grant Arthur Gochin