From Fox News: Health and Human Services Secretary Robert F. Kennedy Jr. has spent the first year of President Donald Trump’s second administration trying to implement his Make America Healthy Again (MAHA) vision. But his mission hit a roadblock during the holiday season when an Obama-appointed judge issued a ruling siding with a conglomerate of dye companies to stifle a landmark ban on artificial food additives.
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.
JUST IN: Obama Judge Irene Berger has BLOCKED West Virginia’s ban on artificial food dyes pic.twitter.com/PUWU2ydBfq
— Election Wizard (@ElectionWiz) December 26, 2025
NEW: U.S. District Judge Irene Berger (Obama appointed) has issued a preliminary injunction BLOCKING a new West Virginia law banning certain food dyes and additives in food from going into effect until it moves through the court system.
Berger said the law, which deemed some… pic.twitter.com/oeCNyvc9XQ
— RedWave Press (@RedWave_Press) December 26, 2025
US District Judge Irene Berger
Robert C. Byrd United States Courthouse
300 Virginia Street East, Suite 5009,
Charleston, WV 25301
(phone: 304-347-3100)It’s time to start making them uncomfortable https://t.co/JEhIbTMJFP
— Noble Brown🗡 (@NobleBrown) December 26, 2025
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