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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.
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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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Southeast
Florida man accused of killing woman, dumping body on popular tourist destination: report
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A Florida man is behind bars after allegedly killing a woman and leaving her body on a popular beach the day after Christmas.
Brandon Ward McCray, 28, was taken into custody by the U.S. Marshals and Hollywood Police Department on Dec. 30, 2025 and charged with sexual battery, kidnapping, battery and battery by strangulation, according to police records obtained by Fox News Digital.
Authorities responded to a call regarding a body on the sand of Hollywood Beach – located approximately 15 miles from Fort Lauderdale Beach – at around 7 a.m. on the morning of Dec. 26, 2025, according to WPLG. The victim, later identified as 56-year-old Heather Asendorf, was pronounced dead at the scene.
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Brandon Ward McCray is charged with sexual battery, kidnapping, battery and battery by strangulation in Broward County, Florida, according to police records obtained by Fox News Digital. (Broward County Sheriff’s Office)
Witnesses later told NBC Miami the body was wrapped in a white blanket and had blood trailing from the remains.
Officials did not release details regarding Asendorf’s cause of death, but previously stated that foul play was suspected.
Additionally, detectives believe McCray and Asendorf knew each other prior to the alleged murder, according to WSVN.
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Authorities reportedly allege Brandon Ward McCray murdered 56-year-old Heather Asendorf after her body was found on Hollywood Beach in Hollywood, Florida on Dec. 26, 2025. (iStock)
“This case remains an active criminal investigation,” Hollywood police said in a news release. “There is no indication of a broader threat to the community.”
McCray was previously charged with aggravated assault with a deadly weapon in 2023 after allegedly brandishing a gun at a tow truck driver as his vehicle was being repossessed, according to NBC Miami.
MAN WITH VIOLENT CRIMINAL HISTORY ON PAROLE ALLEGEDLY STABS TEEN TO DEATH: OFFICIALS
Officials reportedly did not release details regarding Heather Asendorf’s cause of death, but previously stated that foul play was suspected. (iStock)
He was taken into custody at his nearby home and booked into the Broward County Main Jail on $770,000 bond, WPLG reported.
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The Hollywood Police Department and McCray’s attorney did not immediately respond to Fox News Digital’s request for comment.
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Southeast
Experts warn of biggest ‘scandal in litigation system’ if SCOTUS doesn’t nix landmark energy pollution case
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FIRST ON FOX: A landmark Supreme Court case set to decide whether Big Oil entities can move coastal erosion suits out of local and state courts and cement them in federal courts, as localities continue to seek billions from domestic oil companies, will have far-reaching repercussions, experts said.
Last year, a jury in coastal Plaquemines Parish, Louisiana, ordered Chevron to pay more than $740 million for wetlands damage linked to operations by its former subsidiary Texaco in the mid-20th century.
While the Supreme Court case does not seek to overturn the fine and was filed before the Louisiana ruling, a decision by the high court could carry multibillion-dollar implications, several legal experts said.
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A Chevron Corp. flag flies on the drilling floor of a Nabors Industries Ltd. drill rig in the Permian Basin near Midland, Texas, U.S., on Thursday, March 1, 2018. (Daniel Acker/Bloomberg/Getty Images)
As Chevron argues the suits it is facing in certain Gulf Coast communities — where critics claim some local and state officials are in cahoots against them and aligned with friendly attorneys for the municipalities — many damage claims stem from World War II-era fuel production carried out under federal contract. The companies say that the link to the federal government, along with alleged local bias, means future cases must be heard at the federal level.
Plaquemines Parish argued the claims involve environmental harm that is beyond the control of Washington — meaning that the high court’s decision could reshape where massive suits against Big Oil can be heard; as many companies also seek to ramp up production in line with President Donald Trump’s “energy dominance agenda.”
“There is thus no denying that these petitioners are being sued in state court for production activities undertaken to fulfill their federal refining contracts,” a brief filed by Chevron and ExxonMobil said, in part.
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Prominent NYU law professor Richard Epstein said Wednesday that Plaquemines Parish has pointed to massive erosion dating back to the 1920s amid increased wartime operations, while also citing hurricanes’ devastating impact on the bayou’s already fragile landscape.
Companies used the area to produce “AvGas” for wartime aircraft, and that Louisiana officials calculated the erosion in the billions of gallons, but added that comparisons made to the BP Oil Spill were different because “pollution is very different than erosion.”
“Nobody wishes to deny it, but it had nothing to do with it. So what you do is you have the Supreme Court dealing with a very technical question,” he said.
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“Local bias issue is extremely powerful, which is why you have that statute. It’s the same reason why we have diversity jurisdiction; the home court advantage is really huge and there’s no place where it’s worse than in Louisiana — so you get the bias, you get these jury verdicts, which are completely wacko as far as I can tell,” he said.
He faulted Louisiana officials for siding with plaintiff’s lawyers in the fine-related case to oppose “anything that they bring into court” on such matters, calling it an “outright mischarge of duty” that requires high court intervention.
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Epstein said he is “reasonably confident” that the court will reverse a lower court’s ruling that the parish is the proper legal jurisdiction, warning that if not “it’s a bigger scandal than I think we’ve ever seen in terms of the litigation system.”
Mike Fragoso, an attorney at former Attorney General Bill Barr’s firm Torridon Law, said that there are more than 40 cases filed that allege oil and gas companies have caused erosion through exploration activities in the Gulf; totaling billions of dollars in claims.
Those hefty figures should be a warning against so-called “hometowning” — or the dynamic in which local juries tend to side with their neighbor plaintiffs and against “outsider” companies, Fragoso said.
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“The idea is to prevent local judges and juries from hometowning federal officials as they’re doing the work of the federal government,” he said.
“And Chevron’s view is that because they were in the AvGas business, at the direction of the federal government in World War II, they belong in federal court. The state of Louisiana and the plaintiffs disagree.”
While a supporter of U.S. energy development, Louisiana Gov. Jeff Landry sided with Plaquemines as attorney general when the saga began.
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Current AG Liz Murrill said in a statement that “virtually every federal court has rejected Chevron’s attempt to avoid liability for knowingly and intentionally violating state law.”
“I’ll fight Chevron in state or federal court — either way, they will not win,” she added.
John Carmouche, an attorney behind the Chevron case and other pending suits, said the appeal to the high bench doesn’t focus on the merits of the dispute itself.
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“It’s more delay, they’re going to fight till the end, and we’re going to continue to fight as well,” he told The Associated Press.
The Associated Press contributed to this report.
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Southeast
Duffy exposes 54% of North Carolina truck licenses issued illegally to ‘dangerous drivers’
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Transportation Secretary Sean Duffy on Thursday revealed that 54% of North Carolina’s non-domiciled commercial driver’s licenses (CDLs) issued to foreign nationals reviewed by federal officials were issued illegally.
The discovery came amid the Federal Motor Carrier Safety Administration’s (FMCSA) ongoing nationwide audit of the state’s truck licensing systems.
If North Carolina does not revoke all illegally issued licenses, the Department of Transportation (DOT) will withhold nearly $50 million in federal funding.
“North Carolina’s failure to follow the rules isn’t just shameful — it’s dangerous. I’m calling on state leadership to immediately remove these dangerous drivers from our roads and clean up their system,” Duffy wrote in a statement. “President [Donald] Trump and I are committed to keeping you and your family safe on our roads.”
Transportation Secretary Sean Duffy warned that widespread fraud is allowing illegal immigrants to obtain commercial driver’s licenses, which he said poses safety risks. (Department of Homeland Security)
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In a letter to North Carolina Gov. Josh Stein and state Department of Public Safety Commissioner Paul Tine, the FMCSA said the state illegally issued non-domiciled CDLs to drivers who were ineligible, those whose licenses were valid long after their lawful presence in the U.S. expired and those whose lawful status in the U.S. was not verified by North Carolina.
FMCSA Administrator Derek Barrs said the level of noncompliance in North Carolina is “egregious.”
To retain its federal funding, North Carolina will be required to immediately pause issuance of non-domiciled CDLs, identify all unexpired non-domiciled CDLs that fail to comply with FMCSA regulations and revoke and reissue all noncompliant non-domiciled CDLs if they comply with the federal requirements.
ICE arrested more than 100 foreign national truck drivers in California’s Operation Highway Sentinel after deadly crashes linked to state-issued CDLs. (Department of Homeland Security)
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The state must also conduct a comprehensive internal audit to identify all procedural and programming errors, training and quality assurance problems, insufficient policies and practices and other issues that have resulted in the issuance of non-domiciled CDLs that did not meet federal rules.
Duffy set his focus on CDL issues in early 2025 after an Indian national who held a California-issued CDL allegedly killed a car full of people on Florida’s turnpike.
ICE said Akhror Bozorov, 31, a criminal illegal immigrant from Uzbekistan, was issued a CDL from Pennsylvania. (U.S. Immigration and Customs Enforcement)
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California has since revoked 17,000 problematic non-domiciled CDL licenses as DOT conducts a nationwide audit initiated by President Donald Trump’s executive order on truck driver roadway safety.
Fox News Digital’s Charles Creitz contributed to this report.
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