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MAHA backers refuse to stop pushing for healthier food as Obama-appointed judge deals blow

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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.”

COMMON CHEMICALS, FROM FOOD ADDITIVES TO PESTICIDES, MAY BE WRECKING YOUR GUT HEALTH, STUDY SAYS

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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.

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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)

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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)

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“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)

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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.”

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“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.”

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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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Dem governor-elect taps Crockett’s former ‘chief brand strategist’ for top DEI role

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Dem governor-elect taps Crockett’s former ‘chief brand strategist’ for top DEI role

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FIRST ON FOX: Soon-to-be Virginia Democratic Gov. Abigail Spanberger has tapped the former “chief brand strategist” for Rep. Jasmine Crockett, D-Texas, to serve in the state’s top diversity, equity and inclusion role.

In a Tuesday statement, Spanberger, who takes office on Jan. 17, announced she is appointing Dr. Sesha Joi Moon to serve as Virginia’s chief diversity officer and director of diversity, equity, and inclusion. 

Spanberger said that Moon’s “experience across government, education, and the nonprofit sectors gives her firsthand insight into the ways in which we can build a stronger, safer, and more prosperous Virginia for every family.”

“I’m excited to announce that Dr. Moon is joining our administration,” said Spanberger, adding, “Virginia deserves leaders who will make sure our work to grow our Commonwealth’s economy keeps the needs of all Virginians in mind.”

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Virginia Democratic Governor-elect Abigail Spanberger celebrates as she takes the stage during her election night rally at the Greater Richmond Convention Center on Nov. 04, 2025. (Win McNamee/Getty Images)

“When every Virginian has the opportunity to reach their full potential, it benefits all of us,” she said.

Moon, whose doctorates are in public administration and policy and self-identifies as a “Black queer woman,” responded to her appointment by saying she is looking “forward to joining the cabinet of Governor-elect Abigail Spanberger as her historic administration works to advance a future in which all Virginians have access to opportunity — to include residents from some of the hardest-to-reach communities throughout the Commonwealth.”

Moon most recently served as the chief impact officer for the Girl Scouts of the USA. Before that, through her private consultant practice Moon & Associates, she worked as the “chief brand strategist” for Crockett, a radical far-left Democrat who is currently running for the U.S. Senate in Texas.

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Earlier this year, Moon appeared on a 40-minute podcast episode, where she defended the importance of DEI and delivered a direct message to critics, saying, “This work has not stopped. You can defund and dismantle all you want, but the work continues.”

“I’m excited. I feel like DEI is just getting started,” Moon continued. “I know that sounds so insane to some people because some people think our discipline is crumbling, and I don’t see it like that. I feel like we’re onto something here.”

VIRGINIA’S GHAZALA HASHMI BECOMES FIRST MUSLIM ELECTED STATEWIDE IN THE OLD DOMINION

Rep. Jasmine Crockett, D-Texas, a member of the House Judiciary Committee, arrives on Capitol Hill in Washington, D.C., on Wednesday, Dec. 17, 2025.  (AP Photo/J. Scott Applewhite)

Moon also served as executive-in-residence with two-time failed Georgia gubernatorial candidate Stacey Abrams’ American Pride Rises Network, a DEI advocacy network.

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Before that, she was the chief diversity officer of the U.S. House of Representatives during the 117th & 118th Congresses under Speakers Nancy Pelosi, D-Calif., Kevin McCarthy, R-Calif., and Mike Johnson, R-La.

Spanberger won a decisive electoral victory this November, defeating Republican Lt. Gov. Winsome Earle-Sears by a margin of over 10 percentage points.

PRO-POLICE GROUP ASKS DOJ TO PROBE SOROS-BACKED VIRGINIA PROSECUTOR USING BIDEN-ERA LAW ONCE AIMED AT COPS

Then Republican Virginia gubernatorial candidate Winsome Earle-Sears speaks at a CPAC Latino Rally for Virginia on October 25, 2025 in Sterling, Virginia.  (Anna Moneymaker/Getty Images)

Considered a purple state, Spanberger’s victory returns the Virginia governor’s mansion to the Democrats after being held by Republican Gov. Glenn Youngkin.

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Fox News Digital reached out to Spanberger, Moon, Crockett, Abrams and the Girl Scouts of the USA for comment but did not receive a response by the time of publication.

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NASCAR star Denny Hamlin gives health update on mom after she was injured in deadly house fire

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NASCAR star Denny Hamlin gives health update on mom after she was injured in deadly house fire

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NASCAR star Denny Hamlin shared an update on his mother’s condition after she was moved to a burn unit following a house fire in North Carolina that left his father dead earlier this week.

Hamlin thanked those who reached out to him and shared their condolences. Dennis Hamlin died from injuries suffered in the blaze that occurred in Stanley.

Denny Hamlin looks on prior to a NASCAR Cup Series auto race at Charlotte Motor Speedway, Sunday, Oct. 5, 2025, in Concord, North Carolina. (AP Photo/Matt Kelley, File)

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“Thank you to everyone who has reached out with condolences on my father’s passing,” he wrote on X. “My mother continues to improve, and our family truly appreciates the outpouring of support and the respect for our privacy during this time.”

Officials said Mary Lou Hamlin was transferred to a burn specialist in Winston-Salem to treat her injuries.

Officials said the cause of the fire was still under investigation.

The fire broke out at a home in Stanley around 6 p.m. ET on Sunday, which drew emergency responses from Gaston and Lincoln Counties, according to Queen City News.

NASCAR Cup Series driver Denny Hamlin during practice for the Daytona 500 at Daytona International Speedway on Feb. 12, 2025. (Mark J. Rebilas/Imagn Images)

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Both Dennis and Mary Lou Hamlin were out of the house as emergency personnel rushed to the scene.

“We are thankful for the multiple agency response and ask that the public be in prayer for the affected family and our first responders in fire, GEMs and police,” the Lucia-Bend Fire Department said in a statement to the outlet.

Dennis Hamlin’s death was announced later Monday.

NASCAR released a statement on Tuesday to honor the NASCAR driver’s father.

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“NASCAR extends its deepest condolences to Denny Hamlin and the entire Hamlin family,” the organization said.

Denny Hamlin, driver of the #11 Progressive Toyota, exits his car  after the NASCAR Cup Series Championship at Phoenix Raceway on Nov. 2, 2025, in Avondale, Arizona. (James Gilbert/Getty Images)

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“Dennis Hamlin instilled a love of racing in his son, and sacrificed greatly to develop Denny into a world-class talent in the sport. We also continue to offer our thoughts and prayers to Denny’s mother, Mary Lou, and hope for her full recovery.”

Fox News’ Paulina Dedaj contributed to this report.

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Repeat offender truck driver charged with bank robbery after claiming C-4 explosives, firing on officers: feds

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Repeat offender truck driver charged with bank robbery after claiming C-4 explosives, firing on officers: feds

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A North Carolina truck driver, who is a repeat offender, has been federally charged following a bank robbery and a shootout with law enforcement, authorities said.

Willie Edward McGee Jr. is charged with bank robbery and discharging a firearm in furtherance of a crime of violence, according to a complaint.

Authorities said that McGee entered a First Citizens Bank in Zebulon, North Carolina, on Dec. 26, and demanded money from a teller while claiming to have C-4 explosives. The teller gave him $3,234, and McGee fled in a semi-truck, they said.

Law enforcement officers from multiple agencies responded to an armed bank robbery investigation that led to the arrest of Willie Edward McGee Jr. in Rocky Mount, North Carolina. (U.S. Attorney’s Office, Eastern District of North Carolina)

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Deputies with the Rocky Mount Police Department said that McGee’s truck was found in a Hobby Lobby parking lot following the initial robbery.

According to surveillance and officers at the scene, McGee allegedly exited the vehicle armed with a Ruger AR-style 5.56 rifle and fired at officers.

Police returned fire and struck McGee. No law enforcement officers or civilians were injured. While taking McGee into custody, officers recovered the AR rifle he allegedly used to shoot at officers and a handgun from his waistband.

No officers or members of the public were injured as law enforcement safely took the suspect into custody after a coordinated response in Rocky Mount. (U.S. Attorney’s Office, Eastern District of North Carolina)

McGee, according to records reviewed by WRAL-News, has a lengthy criminal history. The local outlet said that the suspect has dozens of charges dating back more than 20 years.

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WRAL reported that he has offenses spanning from Duplin, Wake and Durham counties.

Federal and local law enforcement recovered guns and evidence following the arrest of a suspect charged with armed bank robbery and discharging a firearm in furtherance of a crime of violence. (U.S. Attorney’s Office, Eastern District of North Carolina)

Deputy Attorney General Todd Blanche called the incident “domestic terror.”

“As alleged, this defendant didn’t just rob a bank — he threatened innocent civilians with explosives and then opened fire on police officers,” Blanche said. “That is not desperation, it is domestic terror. Thanks to the extraordinary courage and professionalism of our law enforcement partners, he is alive, in custody, and facing decades in federal prison.”

“Let this serve as a warning: if you bring violence into our communities or target the men and women who protect them, this Department of Justice will meet you with the full weight of the federal government and ensure you are removed from the streets for a very long time.”

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The investigation remains active. Anyone with further information about the alleged crimes is asked to please call the FBI at (704) 672-6100. Fox News Digital has reached out to the U.S. Attorney’s Office, Eastern District of North Carolina, for comment.

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