West Virginia
Preliminary injunction halts enforcement of West Virginia food dye ban
WEST VIRGINIA (WCHS) — 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:
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.”
“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.”
West Virginia
This week in West Virginia history: April 19-25
CHARLESTON, W.Va. — The following events happened on these dates in West Virginia history, compiled by the West Virginia Humanities Council from its online encyclopedia, e-WV.
April 19, 1896: Writer Melville Davisson Post was born in Harrison County. His best-known works are the Randolph Mason series, published in three volumes, and the more successful collection Uncle Abner: Master of Mysteries.
April 19, 1902: Author Jean Lee Latham was born in Buckhannon. She wrote a number of children’s books, including Carry On, Mr. Bowditch, which won the 1956 Newbery Award.
April 20, 1823: Gen. Jesse Lee Reno was born in Wheeling. He graduated from West Point in 1846 with another cadet from western Virginia, Thomas J. Jackson, later known as “Stonewall.” Reno was the highest-ranking officer from present West Virginia killed in the Civil War.
April 20, 1863: President Abraham Lincoln issued a proclamation that in 60 days, West Virginia would become a state. The occasion was marked 100 years later during the state’s Centennial celebration with a special ceremonial session of the West Virginia Legislature on April 20, 1963, in Wheeling.
April 20, 1909: Fiddler Melvin Wine was born near Burnsville in Braxton County. A favorite of old-time music enthusiasts nationally, he was chosen as a National Heritage Fellow in 1991 by the National Endowment for the Arts — the highest recognition given to a folk artist in the United States.
April 20, 1939: Poet Irene McKinney was born in Belington, Barbour County. Gov. Gaston Caperton appointed her state poet laureate in 1993, and she served in that capacity until her death in 2012.
April 21, 1908: Musician Phoeba Cottrell Parsons was born in Calhoun County. Parsons’ traditional clawhammer banjo style, unaccompanied ballad singing, riddles and storytelling have influenced countless younger musicians.

April 21, 1936: President Franklin Roosevelt established the Jefferson National Forest. The West Virginia portion of the forest includes about 19,000 acres in Monroe County.
April 22, 1908: Marshall “Little Sleepy” Glenn was born in Elkins. Glenn coached basketball at West Virginia University from 1934 to 1938 and football from 1937 to 1940. He was inducted into the WVU Sports Hall of Fame in 1992.
April 22, 1948: Grammy-nominated singer-songwriter and musician Larry Groce was born in Dallas, Texas. He is best known as the longtime host and artistic director of the Mountain Stage radio program.
April 22, 2003: Activist Judy Bonds, a Raleigh County native, received the Goldman Environmental Prize for her fight against mountaintop removal mining. Her efforts inspired thousands and turned a local West Virginia issue into a national cause.

April 23, 1857: Andrew S. Rowan was born in Gap Mills, Monroe County. Rowan, a military officer, was chosen as the messenger when President William McKinley wanted to send a message to Cuban Gen. Calixto Garcia during the Spanish-American War. The 1899 pamphlet A Message to Garcia made the incident famous.
April 24, 1865: McNeill’s Rangers surrendered to Union troops at New Creek — now Keyser. The Confederate guerrilla force probably never numbered more than 100 men at any time but managed to inflict regular damage on Union operations.
April 25, 1863: In what became known as the Jones-Imboden Raid, about 1,500 Confederate soldiers under Gen. William “Grumble” Jones advanced through Greenland Gap, a deep pass through New Creek Mountain in present Grant County. The Confederates encountered 87 Union soldiers who held off several assaults before finally surrendering.
April 25, 1923: Union leader Arnold Ray Miller was born at Leewood on Cabin Creek in Kanawha County. In December 1972, he defeated Tony Boyle to become president of the United Mine Workers and served until 1979.

e-WV is a project of the West Virginia Humanities Council. For more information, contact the council at 1310 Kanawha Blvd. E., Charleston, WV 25301, call 304-346-8500 or visit wvencyclopedia.org.
West Virginia
The 2026 WVU Tommy Nickolich Award Goes to a Parkersburg Native
During the Gold-Blue spring game on Saturday, the West Virginia coaching staff named wide receiver Cyrus Traught the recipient of the 2026 Tommy Nikolich Award.
The award, which is always given out at the end of spring ball, recognizes a walk-on team member who has distinguished himself through his attitude and work ethic. The award is presented in memory of Tommy Nickolich, a former WVU player (1980-82) who passed away from cancer in 1983.
Traugh is a Parkersburg native and graduate of Parkersburg South High School. He began his career at Youngstown State before transferring back home to play for the Mountaineers last season. In his final year with the Penguins, he logged 36 receptions, 409 yards, and a team-leading five touchdowns, two of which came against Pitt.
During the 2025 campaign with the Mountaineers, he saw action against Robert Morris and Kansas, playing 10 snaps against the Jayhawks, but did not record any stats.
Head coach Rich Rodriguez has mentioned him twice this spring as someone who has been doing some good things and making progress. Wide receivers coach Ryan Garrett also showed him some love during his press conference last week.
The Mountaineers completely revamped the wide receiver room this offseason, upping the level of talent at both inside and outside receiver spots, but perhaps Traugh can work his way into the mix if he puts together a strong summer and fall camp. If he’s not a regular in the rotation, he’ll serve as a quality depth piece who can play special teams.
Past Nickolich Award winners:
2025: Clay Ash, RB
2024: Avery Wilcox, S
2023: C.J. Cole, WR
2022: Nick Malone, OL
2021: Graeson Malashevich, WR/H
2020: Osman Kamara, S
2019: Jake Abbott, LB
2018: Evan Staley, K
2017: Nick Meadows, LS
2016: Jon Lewis, DL
2015: Justin Arndt, LB
2014: Michael Calicchio, OL
2013: Connor Arlia, WR
2012: Tyler Anderson, DE
2011: Ryan Nehlen, WR
2010: Matt Lindamood, FB
2009: Josh Taylor, DL
2008: Adam Hughes, LS
2007: Andy Emery, LB
2006: Tim Lindsey, LS
2005: George Shehl, H/DB
2004: Jeff Noechel, LB
2003: John Pennington, WR
2002: Moe Fofana, RB
2001: Jeremy Knapp, TE
2000: Ben Collins, LB
1999: Bryan Lorenz, LB
1998: Mark Corman, TE
1997: David Lightcap, DB
1996: Matt Ceresa, OL
1995: Rob Keys, DB
1994: Randy Fulmore, DB
1993: Matt McCulty, WR
1992: Brett Parise, WR, Ray Wilcox, LB
1991: Keith Taparausky, RB
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West Virginia
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