Industry group asks federal court to stop West Virginia ban on food colors

As it becomes more common for states also to restrict various food additives, it is not surprising that one has gotten itself sued.

The International Association of Color Manufacturers (IACM) is demanding that the U.S. District Court for the Southern District of West Virginia halt the state’s ban on specific food colors and ingredients.

And IACM requested a preliminary injunction and restraining order from the court, even before West Virginia was served with any court papers.

“Given that part of the statute has previously gone into effect, and it will be more than two years before the statute goes entirely into effect, the Court finds that the Plaintiff has not established that it, or its members, are likely to suffer irreparable harm in the time before the Court has the opportunity to hear from the Defendants and rule on the preliminary injunction,” the court’s first ruling says.  “Accordingly, the Plaintiff’s motion for a temporary restraining order should be denied to the extent the Plaintiff seeks relief before service and a response from the Defendants.”

West Virginia was given until October 17 to respond to the motion for preliminary injunction.

In its federal complaint, IACM contends the West Virginia law usurps the power of the U.S. Food and Drug Administration to make food safety decisions, interferes with interstate commerce, and causes economic harm to IACM member companies and their customers, without providing any substantiated or rational basis for classifying covered products as unsafe.

To protect ingredient manufacturers and food companies, IACM is asking the  District Court to strike down West Virginia’s “flawed ban immediately.”

The trade association claims the statute arbitrarily and irrationally targets color additives, no U.S. agency — state or federal — nor any court has “ever found to be unsafe,” said John H. Cox, IACM general counsel. “IACM strongly supports the continued safe use of all FDA-approved color additives, including FD&C colors, which are among the most thoroughly studied and strictly regulated ingredients in food. West Virginia’s ban isn’t supported by scientific evidence.”

West Virginia’s H.B. 2354, passed by the West Virginia Legislature and signed by Gov. Morrisey in March, bans the use of certain food color additives, including FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, FD&C Blue No. 2, and other ingredients in food and beverage products sold in general commerce in the state beginning January 1, 2028.

IACM claims that the food ingredients covered by the new law have been clearly and consistently determined to be safe by the FDA, the European Food Safety Agency, Health Canada, and the FAO/WHO Joint Expert Committee on Food Additives.

The industry group further claims to remain committed to safety and fact-based dialogue with regulators, policymakers, and the public about the use of color additives in the U.S. food supply.

By banning the use of ingredients deemed safe by numerous food safety authorities worldwide, the West Virginia law unnecessarily creates substantial consumer confusion, according to IACM. 

“Simply stated, bans on FDA-approved food ingredients will make it harder for businesses to operate in West Virginia and other states, as well as increase the cost of food for consumers at a time when grocery prices are already too high,” concluded Cox.

As first reported by the subscriber newsletter Food Fix, West Virginia Gov. Patrick Morrisey issued the following statement in response to the federal lawsuit:

“Our office stands by the law passed by the West Virginia Legislature and signed by the Governor earlier this year to clean up our food and protect the health and well-being of West Virginia families. Many of these food dyes are already banned or being phased out in European countries due to their links to negative health effects, especially in children. Companies have been able to adapt to those markets, and West Virginia’s law provides ample time for them to do so. We are confident H.B. 2354 will withstand legal scrutiny, and our focus will remain on protecting West Virginians.”

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Source: https://www.foodsafetynews.com/2025/10/industry-group-asks-federal-court-to-stop-west-virginia-ban-on-food-colors/