McBride suggests MAHA avoids formal rule-making because it would fail. “The reason you’re coercing companies to omit these ingredients is that you know rigorous federal review wouldn’t support your aims,” he said. He alluded to the post-Chevron era, where courts no longer defer to agency expertise, meaning any official dye prohibition could be contested and overturned. Courts have already paused West Virginia’s dye ban and Texas’s processed food labeling law, with rulings so severe that both laws may not endure.
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