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Preliminary injunction halts enforcement of West Virginia food dye ban

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Preliminary injunction halts enforcement of West Virginia food dye ban


A federal judge has issued a preliminary injunction order halting the enforcement of certain areas of recent West Virginia legislation that banned certain food colors and ingredients.

The International Association of Color Manufacturers originally filed a lawsuit over the state of West Virginia in October over the matter, saying that the legislation violates West Virginia and United States Constitutions.

The order was issued by United States District Judge Irene Berger. In the order, Berger said the law regarding dyes to be “poisonous and injurious” is likely written to be unconstitutionally arbitrary and vague.

Berger stated the following in her ruling:

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Without any clear standards, it is not clear how the WVDOH will determine if a color additive beyond those listed, is “poisonous and injurious,” meaning the WVDOH is free to arbitrarily designate additional color additives as such. What facts or data, if any, must the WVDOH rely on before determining that additional color additives are “poisonous and injurious”? Is it sufficient for the WVDOH to rely on any study when making its determination or none at all? If a parent notifies WVDOH 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. As such, because Section 16-7-2(b)(7) leaves such ad hoc and subjective decision-making to the WVDOH, it leaves the door open for arbitrary enforcement, and thus, is unconstitutionally vague.

IACM said that West Virginia law unlawfully took over the power of the United States Food and Drug Administration to make food safety decisions. IACM also said the law interfered with interstate commerce and caused economic harm to IACM member companies and their customers without providing any “substantial or rational basis” for deeming products unsafe.

The legislation, known as House Bill 2354, was signed by West Virginia Governor Patrick Morrisey in March, banning the use of certain food dyes, including Red No. 3, Red No. 40, Yellow No. 5, Yellow No. 6, Blue No. 1, Blue No. 2 and Green No. 3 in school meals beginning in August.

However, according to court documents, the preliminary injunction does not extend into school nutrition programs.

The preliminary injunction bars the West Virginia Department of Health from enforcing the ban – although the ban was not set to be fully enforced until 2028.

Morrisey disagreed with the ruling on social media, saying the decision is “both premature and wrongly decided.”

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“West Virginia will continue to defend its authority to protect the health and well-being of our citizens, especially children,” Morrisey said. “We are reviewing our legal options but will continue to press forward with our efforts to get harmful crap out of our food supply.”



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West Virginia

West Virginia man accused of threatening Trump, ICE agents indicted

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West Virginia man accused of threatening Trump, ICE agents indicted


A West Virginia man accused of threatening to attack President Donald Trump and U.S. Immigration and Customs Enforcement workers was federally indicted this week.

Cody Lee Smith, 20, of Clarksburg was indicted on two counts of threats to murder the president, one count of influencing and retaliating against federal officials by threat of murder and one count of influencing a federal official by threat of murder, according to a news release from the U.S. Attorney’s Office for the Northern District of West Virginia.

Smith is accused of making a series of public posts on Instagram encouraging and threatening the murder of Trump, those who support him, Israelis and “all government officials,” the news release said.

The indictment also alleges that Smith sent a direct message via Instagram to Donald J. Trump, Jr., stating he would kill his father by cutting his “jugular.”

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In a phone call with the ICE tip line, Smith also threatened to kill ICE agents in Clarksburg and employees staffing the tip line.

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Smith faces up to 5 years for each of the presidential threat charges and faces up to 10 years in federal prison for each of the remaining counts.



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West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews

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West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews


West Virginia has said the right things about the need to capitalize on opportunities.

The Mountaineers aren’t following through when they come about.

The latest example came Tuesday night at Kansas State, which scored 21 unanswered points in the second half before holding off a furious West Virginia charge for a 65-53 victory at Bramlage Coliseum.

“The level of urgency and desire to win a game with so much on it wasn’t where it needed to be,” West Virginia head coach Ross Hodge said on postgame radio.

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The Wildcats (12-18, 3-14) played without leading scorer PJ Haggerty, a surprise scratch with an undisclosed injury.

Although WVU (17-13, 8-9) defeated Kansas State 59-54 with Haggerty in the lineup during a January matchup in Morgantown, the Mountaineers were unable to capitalize on his absence in the rematch and fell to 1-4 in their last five games.

Both teams were dismal offensively in the opening half, which ended with West Virginia leading, 26-23.

The Mountaineers got 10 points apiece from reserve forwards Chance Moore and DJ Thomas, helping the visitors to at least somewhat overcome a starting lineup that scored six points on 3-for-15 shooting over the first 20 minutes.

“When you’re playing a team that is a little down and out, you can’t give them life and can’t give them hope,” Hodge said. “We had so many opportunities in the first half and at the beginning of the game to make some plays and entice a team that’s been struggling to maybe keep struggling.”

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After a scoreless first half, WVU guard Honor Huff made his 100th three-pointer this season with 18:33 to play, allowing the Mountaineers to lead 31-27.

West Virginia went the next 8-plus minutes without a point, and Wildcats took control during that stretch.

Khamari McGriff scored the Wildcats’ first four points of the extended 21-0 spurt and accounted for four buckets and eight of the first 15 points during that time.

A jumper from CJ Jones with 10:53 remaining left the home team with a 48-31 advantage, before Thomas scored from close range to end his team’s extended drought at the 10:27 mark.

“I’m aware of our shortcomings and I understand when you’re deficient in some areas, your margin for error to win is razor thin,” Hodge said. “I’m disappointed with what was at stake, we got beat to loose balls. Would it have been nice to make more layups and threes? Of course. But when those things aren’t happening, you better do those other things.”

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KSU had separate 19-point leads, the latter of which came at 57-38 when McGriff made two free throws with 7:29 to play.

WVU then increased its aggressiveness offensively and reeled off the next 11 points, while the Wildcats began to play tentative while in possession.

A three-pointer from K-State’s Nate Johnson left the Wildcats with a 60-49 lead with 3:48 left, but the Mountaineers continued to battle and trailed by six when Chance Moore scored in the paint at the 1:24 mark.

Moore’s next basket made it a five-point game, and after a Johnson turnover, Huff made two free throws to bring WVU to within 61-58 with 48 seconds left.

Another KSU turnover gave the visitors the ball back, but after Moore missed a shot that the Mountaineers rebounded, Huff committed a costly turnover. 

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Johnson made two free throws with 17 seconds left, and McGriff added two more with 7 seconds remaining before Huff made a trey at the buzzer.

Moore led WVU with 18 points and made 6-of-7 shots, but again struggled on free throws, finishing 5 for 9. WVU hurts its cause at the charity stripe and made only 9-of-16 attempts.

Brenen Lorient was the Mountaineers’ second-leading scorer with 14 second-half points, while Thomas followed with 12 and Huff added 11 on 3-for-11 shooting.

Treysen Eaglestaff led all players with 11 rebounds in defeat, but made only 3-of-12 shots in a six-point showing.

McGriff led KSU with 18 points and added seven rebounds.

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Johnson finished with 16 points and nine boards.

WVU had nine of its 13 turnovers in the second half. 

“Nine turnovers in the second half creates more busted floors, more cross match opportunities and through that, it makes you vulnerable for paint touch opportunities,” Hodge said. 

K-State played under the guidance of interim head coach Matthew Driscoll. Driscoll replaced Jerome Tang, who was fired in between the team’s first and second matchups with West Virginia this season.

“Sometimes in life you get what you deserve,” Hodge said, “and we deserved to lose tonight.”

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Nitro completes utility deal with West Virginia American Water – WV MetroNews

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Nitro completes utility deal with West Virginia American Water – WV MetroNews


NITRO, W.Va. — It’s a done deal.

Nitro Mayor Dave Casebolt signed an agreement Tuesday with West Virginia American Water Company President Scott Wyman completing the sale of the Nitro Regional Wastewater Utility including the sewer plant for $20 million.

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The water utility will now own and operate the city’s water and wastewater systems. The state Public Service Commission recently approved the deal.

Casebolt said it’s good to get the long-talked-about agreement signed. He said the city can’t afford to make the improvements required at the sewer plant.

“We’re looking at needing between 40 and 50 million dollars of upgrades to our system and expecting our four-thousand customer base to try to offset those costs is not even practical,” Casebolt said.

Casebolt said sewer bills are going to go up but he said they were going to go up regardless. He said the city was facing increasing rates by as much as 50 percent.

West Virgina American is planning $42 million in upgrades to the sewer system over the next five years, Casebolt said.

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“It’s a much-need investment and actually allow the system to handle rainwater much better where it’s not backing up into people’s homes,” Casebolt said.



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