The International Assn. of Color Manufacturers (IACM) has filed a lawsuit seeking to strike down West Virginia’s law banning certain food colors and ingredients, saying the legislation violates the constitutions of both the state and the country.
IACM filed the suit in U.S. District Court for the Southern District of West Virginia, contending that the state’s law usurps the power of the FDA to make decisions about food safety, interferes with interstate commerce and causes economic harm to IACM members and their customers — without any substantiated or rational basis for the products being deemed unsafe.
“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.”
The legislation covers FD&C colors such as Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1 and Blue No. 2, among other color additives. It was signed into law in March 2025 by West Virginia Gov. Patrick Morrisey, and would take effect Jan. 1, 2028.
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