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MAHA backers refuse to stop pushing for healthier food as Obama-appointed judge deals blow
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The “Make America Healthy Again” (MAHA) movement hit the ground running in 2025 — pushing a wave of health policy changes nationwide, especially around food and nutrition. Now supporters vow that one court setback will not slow them down.
A West Virginia judge paused enforcement of parts of H.B. 2354 — the state law restricting certain food dyes and preservatives — during the holiday week, on Dec. 23. That triggered swift backlash from state leaders and advocates who say the fight is only intensifying.
In her ruling, Judge Irene Berger — appointed by former President Obama — said the law is “unconstitutionally vague because it fails to provide sufficient notice and invites arbitrary enforcement.”
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She added that the statute does not spell out how the West Virginia Department of Health should determine whether color additives beyond those specifically listed are “poisonous and injurious.”
Berger was nominated in 2009 by Obama to serve as a U.S. district judge for the Southern District of West Virginia.
A West Virginia judge appointed by former President Barack Obama has paused a Make America Healthy Again food dye ban, calling the law “unconstitutionally vague” in a major setback for the health movement. (Nathan Posner/Anadolu via Getty Images)
West Virginia’s House Bill 2354, signed by Gov. Patrick Morrisey, aims to phase out specific artificial dyes in stages.
Beginning on Aug. 1 of this year, seven dyes were banned from school lunches — and starting Jan. 1, 2028, the same dyes, along with two preservatives, would be banned from food products sold statewide.
The judge’s new ruling does not apply to school nutrition programs — so the school-lunch portion remains on track even as the broader legal fight plays out.
PEPSICO TO REMOVE ARTIFICIAL INGREDIENTS FROM POPULAR FOOD ITEMS BY END OF 2025
Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, Blue Dye No. 1, Blue Dye No. 2 and Green Dye No. 3 were all banned from school lunches starting in August.
The same food dyes, plus the preservatives butylated hydroxyanisole and propylparaben, will be banned from all food items sold in the state beginning in 2028.
The food dye ban in West Virginia is “unconstitutionally vague because it fails to provide sufficient notice and invites arbitrary enforcement,” said a judge. Others disagree vehemently. (iStock)
Gov. Morrisey, a Republican, issued a statement blasting the decision as a detour, calling it “premature and incorrectly decided.”
“West Virginia will continue to defend its authority to protect the health and well-being of our citizens, especially children,” his statement said. “We are reviewing our legal options and will continue to press forward with our efforts to get harmful crap out of our food supply.”
Morrisey told Fox News Digital in an interview that “West Virginia has set the standard for the nation when it comes to protecting children from harmful ingredients in food.”
“Since we acted, other states have stepped forward and manufacturers have already begun changing formulas, because they see where this is headed,” Morrisey said.
“We are reviewing our legal options and will continue to press forward with our efforts to get harmful crap out of our food supply,” said Gov. Patrick Morrisey in reaction to the judge’s decision. (Andrew Harnik/Getty Images)
“Children who consume these dyes across many foods, day after day, during critical stages of development, face a higher risk of chronic disease,” he added. “West Virginia acted because protecting children’s health should never be optional, and we remain proud to lead this effort.”
Red dye gives food a bright cherry red color. It has been linked to behavioral issues in children, while non-human studies have linked the dye to cancer, according to the Cleveland Clinic.
Robert F. Kennedy Jr., secretary of Health and Human Services, has made removing artificial dyes from America’s food supply one of his priorities during his work as a member of President Donald Trump’s Cabinet.
“Artificial food dyes offer zero nutritional value.”
During his first trip as America’s lead healthcare official in March, Kennedy spoke in Martinsburg alongside Gov. Morrisey, who said his state’s ban plan and the Democrat scion’s choice to visit the area first showed that the “MAHA” movement “begins right here in West Virginia.”
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The debate over artificial dyes has become a flashpoint for MAHA-aligned supporters. Many see the legal challenge as proof the movement is beginning to hit real resistance. They see it as a reason to push back hard, rather than retreat.
Liana Werner-Gray, nutritionist and author of “The Earth Diet,” told Fox News Digital that “artificial food dyes offer zero nutritional value.”
The native Australian said the European Union (EU) requires warning labels on products containing several common artificial dyes “because of links to activity and attention effects in children.”
“I know who is going to win — because there is nothing more powerful than moms protecting their children,” said a MAHA advocate. (Fox News Digital)
Werner-Gray added that “from a preventative health standpoint, removing unnecessary additives is a straightforward way to reduce avoidable risk.”
She noted that injunction or not, one bright spot is that the conversation has shifted.
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“Parents are asking why ingredients linked to behavioral and neurological concerns are still common in children’s food, and that question isn’t going away,” she said. “They want it to go away, they want us to go away with this, but we won’t.”
Vani Hari, better known as the “Food Babe,” told Fox News Digital that “the judicial system is going to see the might of the MAHA movement.”
“There is nothing more powerful than moms protecting their children.”
“I know who is going to win — because there is nothing more powerful than moms protecting their children,” said Hari, who is based in North Carolina.
The case was brought by the International Association of Color Manufacturers, an organization based in Washington, D.C., that alleged the West Virginia bill causes economic harm to its member companies.
“The statute arbitrarily and irrationally targets color additives no U.S. agency — state or federal — nor any court has ever found to be unsafe,” IACM said in a statement announcing its suit, adding that the ban also lacks “scientific evidence.”
West Virginia’s governor, for his part, said the decision by the Obama-appointed judge is legally flawed. Morrisey said he believes the decision will be reversed.
California, Virginia, Utah and Arizona have sought to enact similar bans focused largely on children’s school lunches.
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Fox News Digital’s Alec Schemmel and Charles Creitz contributed reporting.
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The suspect accused of plotting a New Year’s Eve attack on a grocery store and fast-food restaurant in North Carolina worked at a Burger King and hid knives and hammers under his bed despite his grandparents trying to secure the potential weapons, prosecutors revealed Friday.
Christian Sturdivant, 18, of Mint Hill, a town outside Charlotte, was arrested and charged with attempting to provide material support to a foreign terrorist organization, U.S. Attorney for the Western District of North Carolina Russ Ferguson said.
“What we do know is that the grandfather secured the knives in the home, secured the hammers, tried to make sure that Mr. Sturdivant did not have them. And, yet, when we executed the search warrant, they were found under his bed,” Ferguson told reporters at a news conference Friday.
Ferguson added the attack was planned to take place in Mint Hill, and the suspect worked at a Burger King.
FBI DISRUPTS ALLEGED ISIS-INSPIRED NEW YEAR’S EVE ATTACK PLOT TARGETING NC GROCERY STORE, FAST-FOOD RESTAURANT
Christian Sturdivant, the 18-year-old suspect from Mint Hill, N.C., accused of plotting an attack on New Year’s Eve in support of ISIS. (Gaston County Sheriff’s Office)
“He was preparing for jihad, and innocent people were going to die. And we were very, very fortunate they did not,” Ferguson said. “I can tell you from his notes he was targeting Jews, Christians and LGBTQ individuals.”
James C. Barnacle, Jr., special agent in charge of the FBI’s Charlotte Field Office, said Friday that Sturdivant first caught the bureau’s attention in January 2022, when he was still a juvenile.
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Prosecutors said “law enforcement seized from Sturdivant’s bedroom a blue hammer, a wooden-handled hammer and two butcher knives hidden underneath the defendant’s bed.” On the right is a note titled, “New Years Attack 2026,” that prosecutors said law enforcement found during a Dec. 29, 2025, search of Sturdivant’s home in Mint Hill, N.C. (United States Attorney’s Office for the Western District of North Carolina)
“He was in contact via social media with an unidentified ISIS member overseas. Sturdivant received direction from this unidentified ISIS member to dress in all black, knock on people’s doors, and attack them with a hammer. In fact, Sturdivant did dress in all black. He left this house with a hammer, and fortunately his family stepped in,” Barnacle continued. “No charges were filed at that time. He was referred for psychological care, and he underwent psychological care.
“Christian Sturdivant pledged his loyalty to ISIS and committed himself to commit to killing Americans on New Year’s Eve.
“Law enforcement also seized from Sturdivant’s bedroom a list of targets, as well as tactical gloves and a vest, acquired as part of the defendant’s planned attack,” prosecutors said. (United States Attorney’s Office for the Western District of North Carolina)
“We do have some intelligence that he was looking at a grocery store because there would be a lot of people there. He knew there would be a lot of people there grocery shopping. … He was looking for a high-profile place,” Barnacle added.
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“There’s a couple grocery stores in Mint Hill. He wasn’t set on just one. He was looking at multiple, whichever one had the most people in it.”
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Southeast
Georgia teen charged with murdering Uber driver in suburban carjacking, leaving him to die
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A 15-year-old boy has been charged as an adult with murder after an Uber driver was found shot to death early New Year’s Day after a carjacking in a suburban Atlanta community, authorities said.
The victim was identified as Cesar Tejada, 58, of Grayson, Georgia, who was working as an Uber driver at the time of the shooting, according to a release from the Lawrenceville Police Department. Authorities said that Tejada was a father of two.
Police responded around 5:20 a.m. Jan. 1 to a report of a person lying in the roadway in the suburban community of Lawrenceville, which is approximately 30 miles northeast of Atlanta. Officers found Tejada suffering from a gunshot wound, and he was pronounced dead at the scene.
Investigators determined that Tejada had picked up the suspect around 4:13 a.m. and transported him to Groveland Parkway. Police said the suspect exited the back seat, shot Tejada and left him in the road before fleeing the scene.
An Uber driver was found shot to death in the roadway of the nearby 600 block of Groveland Parkway in the Meadow Grove subdivision Jan. 1, 2026. (WAGA-TV)
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Using FLOCK camera technology and working in partnership with Uber, detectives tracked Tejada’s vehicle back to the area where the trip originated. Officers later detained the suspect, identified as 15-year-old Christian Simmons, after observing him walking in the roadway near his residence, police said.
Simmons has been charged as an adult with murder. Police initially withheld his identity due to his age.
Christian Simmons, 15, was charged with murder as an adult after Uber driver Cesar Tejada, 58, was found shot to death in Lawrenceville, Georgia, on New Year’s Day. (Lawrenceville Police Department/Facebook)
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In a statement to Fox News Digital, an Uber spokesperson said the company is saddened by Tejada’s death.
“We’re saddened by this devastating loss, and our condolences go out to the driver’s family during this incredibly difficult time,” the spokesperson said. “We’ve been in contact with the Lawrenceville Police Department to help support their investigation.”
Uber confirmed the rider account associated with the incident has been permanently banned. The company said it employs former law enforcement professionals to assist with investigations and offers in-app safety features such as an emergency assistance button, GPS trip tracking and rider verification.
The Lawrenceville Police Department discovered a deceased Uber driver in the roadway of the nearby 600 block of Groveland Parkway in the Meadow Grove subdivision Jan. 1, 2026. (WAGA-TV)
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Police described Tejada as a husband and father of two and extended condolences to his family. The investigation remains ongoing, and anyone with information is urged to contact the Lawrenceville Police Department.
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In 2025, idyllic small towns across America were interrupted by acts of violence from Mississippi to Montana, Arkansas to Washington state.
The murders struck during homecoming weekends, inside neighborhood bars, at campgrounds and along hiking trails.
Together, the cases exposed vulnerabilities in small-town America: unresolved personal disputes, untreated mental health crises and domestic violence.
Clinton and Cristen Brink were murdered at Devil’s Den State Park on Saturday, July 26, 2025. (GoFundMe)
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Devil’s Den, Arkansas:
In northwest Arkansas, a visit to a state park ended in a double homicide.
Clinton Brink, 43, and Cristen Brink, 41, the parents of three children, were stabbed to death while hiking at Devil’s Den State Park on July 26.
The couple had recently moved to Arkansas to be closer to family and begin a new chapter. Friends described them as gentle, active and devoted parents.
“They loved to take the girls and go hiking,” said Mary Hinebauch, a friend from their former church in Montana. “That wasn’t an unnatural place for them to be.”
The Arkansas State Police arrested Andrew James McGann, 28, charging him with murdering the couple. Investigators said the killings appeared unprovoked. The arrest came a day after police released “a composite sketch of a man” they were “seeking to identify for questioning in connection with the double homicide.”
“This was a very safe place to be,” Hinebauch said. “It’s pure evil.”
To read more about this case, click here.
The FBI’s Jackson Field Office released this “seeking information” poster featuring four suspects wanted in connection with the Oct. 11, 2025, mass shooting in Leland, Mississippi, that left six people dead and 20 injured. (FBI)
Leland, Mississippi:
On Oct. 11, 2025, just after midnight in Leland, Mississippi, a small city in Washington County where the population hovers around 3,700, the excitement of homecoming weekend was shattered when a shooting broke out following a football game.
At least six people were killed and at least 19 others wounded.
The FBI’s Jackson Field Office announced that four people were arrested in connection with the shooting.
Three men, identified as Teviyon Powell, 29; William Bryant, 29; and Morgan Lattimore, 25, were charged with capital murder. A fourth suspect, Latoya Powell, 44, was charged with attempted murder.
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Investigators said they believe the violence stemmed from a personal dispute, though no final motive has been confirmed.
“This is not who we are as a community,” Leland Mayor John Lee said. “Our hearts are broken for these families.”
To read more about this case, click here.
Main Street in Anaconda, Montana, leads to the Deer Lodge County Courthouse with mountains in the background on Aug. 8, 2025. (Peter D’Abrosca/Fox News Digital)
Anaconda, Montana:
In Anaconda, Montana, a quiet bar in a former mining town with about 9,000 people was interrupted when a man opened fire on Aug. 1, 2025.
Authorities said that Michael Paul Brown, 45, an Army veteran and longtime local resident, entered The Owl Bar around 10:30 a.m. and opened fire. Authorities said Brown lived next door to the bar and was known to the patrons inside.
Four people were killed: Daniel Edwin Baillie, 59; Nancy Lauretta Kelley, 64; David Allen Leach, 70; and Tony Wayne Palm, 74. Kelley was working as the bartender; the others were regular customers.
Brown fled, sparking a massive weeklong manhunt involving more than 130 local, state and federal law enforcement officers. The FBI, ATF, U.S. Marshals Service and Montana National Guard all assisted, deploying helicopters, air patrols and ground teams across rugged terrain.
The Department of Criminal Investigations in Montana released a photo of Michael Brown fleeing the scene after allegedly shooting and killing four people at a bar on Aug. 1, 2025. (Department of Criminal Investigations)
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Residents told Fox News Digital that fear settled over the town as the search dragged on.
“The town is just scared,” one bartender said. “Everybody’s on edge.”
Brown was captured Aug. 8 near a barn about five and a half miles from the bar. Authorities said he was armed.
Montana Attorney General Austin Knudsen called the killings “cold-blooded.”
To read more about this case, click here.
Travis Decker was suspected of murdering his three daughters before disappearing into the Washington wilderness. (Chelan County Sheriff’s Office)
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Wenatchee, Washington:
In May 2025, a manhunt was launched for the fugitive father of three accused of murdering his three daughters before disappearing into the wilderness.
The Chelan County Sheriff’s Office said Travis Decker, a military veteran and wilderness survivalist, failed to return his three daughters from a court-mandated custody visit in late May 2025. Days later, the bodies of Paityn Decker, 9; Evelyn Decker, 8; and Olivia Decker, 5, were found at a Chelan County campground.
According to police, the girls had been bound with zip ties and suffocated.
This undated photo provided by Whitney Decker shows Paityn, Olivia and Evelyn Decker. (Whitney Decker via AP)
A manhunt followed, spanning rugged mountain terrain and involving multiple law enforcement agencies. In September, human remains were discovered on Grindstone Mountain, less than a mile from where the girls’ bodies had been found. DNA testing later confirmed the remains belonged to Decker.
“This will bring a close to our case,” Chelan County Sheriff Mike Morrison said after the DNA results were confirmed. “We wanted to show honor to them and let them know we haven’t forgotten.”
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Court records showed Decker’s ex-wife had previously petitioned to modify the parenting plan, citing his worsening mental health and unstable living conditions.
To read more about this case, click here.
Fox News Digital’s Peter D’Abrosca, Julia Bonavita, Michael Dorgan and Greg Wehner contributed to this report.
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