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The Dictatorship

I’m a food scientist. Here’s what RFK Jr. gets (mostly) right about food dye.

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I’m a food scientist. Here’s what RFK Jr. gets (mostly) right about food dye.

On April 22, the Department of Health and Human Services and the Food and Drug Administration announced measures designed to phase out all remaining petroleum-based synthetic dyes from the American food supply.

Leading the charge is Robert F. Kennedy Jr., who has pledged to Make America Healthy Again as President Donald Trump’s controversial HHS secretary. “Nobody wants to eat petroleum,” noted Kennedy recently. And petroleum-based food dyes — typically just called synthetic food dyes — are indeed derived from crude oil, the naturally occurring substance formed over millions of years from decaying plants and animals under intense heat and pressure. Part of phasing out these synthetic dyes involves transitioning to natural alternatives and accelerating their review and approval.

This shift reflects growing consumer recognition that our food system needs reform. That’s not a bad thing.

This shift reflects growing consumer recognition that our food system needs reform. That’s not a bad thing. However, real change demands more than simply removing synthetic additives. It requires a fundamental rethinking of how we produce, market and consume food in America — and a commitment to prioritizing public health over company profits.

Currently, only a handful of certified color additives are approved by the FDA to use in food. Under the Delaney Clauseof the Federal Food, Drug, and Cosmetic Actthe FDA is prohibited from approving any color additive that has been found to cause cancer in humansoranimals. And the FDA asserts that color additives are safe for consumption when used in accordance with its regulations.

The FDA plans to ban the two rarely used dyes — Citrus Red 2 and Orange B — in the upcoming months while working with the food industry to voluntarily eliminate six commonly used dyes (Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2 and Green 3) by the end of next year. The three most popular remaining dyes — Red 40Yellow 5 and Yellow 6 — account for 90% of all food dye consumption in the U.S.

Under the Biden administration, the FDA had already initiated phasing out of Red No. 3. Advocates had argued for years that the dye should be banned because of research linking it to cancer in male rats at high doses.

And there are already efforts underway in various states to cut down or eliminate the dyes.

In October, California became the first state to prohibit school cafeterias from serving foods that contain six commonly used synthetic dyes. The law will go into effect in 2027, requiring manufacturers to replace these dyes with natural alternatives. West Virginia will ban the same dyes from schools this August and from all foods sold in the state in 2028. Utah and Arizona have also enacted similar laws.

There are plenty of reasons to be wary of foods that rely on synthetic dyes. Such products are typically ultraprocessed and high in fat, sugar and sodium. The cumulative effects of repeated exposure over a lifetime aren’t well understood. Additionally, there is limited research on how different additives interact with one another — and with other ingredients in the food matrix — during processing.

The concept of “dosage makes the poison” applies here, as combinations of dyes can complicate the assessment of how much artificial dye is being consumed. But at least some studies have shown worrying impacts on kids.

In the 1960s and the 1970s, U.S. tobacco companies conducted extensive market research with children and found that they preferred red products.

A systematic review of epidemiologic research on synthetic food dyes and neurobehavioral outcomes found a correlation between synthetic food dye exposure and adverse neurobehavioral effects in some children. Furthermore, the review suggested that the FDA’s Acceptable Daily Intake levels for synthetic food dyes may not adequately protect children from behavioral effects. The study also found that children and lower-income populations tend to have higher exposures, highlighting the need to improve access to healthier food options.

Compounding this problem is the fact that children are particularly attracted to colorful snacks. This isn’t a coincidence. In the 1960s and the 1970s, U.S. tobacco companies conducted extensive market research with children and found that they preferred red products. These companies later played a leading role in shaping U.S. food marketing from 1980 to 2001, developing “hyper-palatable foods” that became staples in the American diet.

Given this research and the actions being taken in some states, many U.S. food companies have already been reformulating their products. In 2015, General Mills removed artificial colors from some of its cereals — but it reinstated them two years later following consumer complaints. General Mills now offers schools a lower-sugar, artificial color-free version of Trix cerealcomplying with the new food additive laws in California and West Virginia. Kraft Heinz removed artificial preservatives, flavors and dyes from its signature macaroni and cheese recipe in 2016. To maintain its signature yellow-orange hue, Kraft replaced artificial colorsincluding Yellow 5 and Yellow 6, with natural spices like paprika, annatto and turmeric.

At the same time, “natural” doesn’t automatically mean safer or better. For example, carmine — or the less concentrated cochineal extract — is a widely used natural red dye derived from the dried bodies of female Dactylopius coccus insects. It’s also a known allergen. Because natural colors are categorized as “exempt” from certification requirements, they are subject to less rigorous safety testing compared with synthetic dyes. Natural dyes also may require higher quantities to achieve the same vibrant colors, and they are often significantly more expensive than their synthetic counterparts. As a result, both the dosage of additives and the cost of food products may increase with new formulations.

To truly “Make America Healthy Again,” we must make nutritious foods more accessible and affordable while also reducing the overwhelming presence and consumption of ultraprocessed foods. The overconsumption of these foods is directly linked to all sorts of health problems like weight gain, obesity, diabetes and cardiovascular disease. Meanwhile, healthy, whole foods remain out of reach for far too many families. Programs like Farm to Schoolwhich introduce students to locally grown produce and promote healthier eating habits, should be protected rather than halted.

But we must also resist falling into chemophobia — an irrational fear of chemicals — which only fosters unnecessary fear among consumers, makes them more vulnerable to misinformation and distracts from evidence-based solutions. Instead of superficial changes, we must confront the systemic barriers that make healthy eating a privilege rather than a basic human right.

Selina C. Wang

Selina C. Wang is an associate professor in the food science and technology department at the University of California, Davis.

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The Dictatorship

Russian attack on Ukraine capital kills at least 3 and traps others in damaged buildings

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Russian attack on Ukraine capital kills at least 3 and traps others in damaged buildings

KYIV, Ukraine (AP) — Russia attacked Ukraine with a barrage of missiles and drones overnight, killing at least 11 people, injuring dozens and trapping others, authorities said on Tuesday.

Russia unleashed 73 missiles and 656 drones across Ukraine, according to the country’s air force, with the main targets including Kyiv, the central city of Dnipro, and the eastern cities of Poltava, Kharkiv and Zaporizhzhia. Ukrainian air defense forces destroyed and suppressed 40 missiles and 602 drones.

Hits of 30 ballistic missiles, three cruise missiles and 33 drones were recorded at at least 38 locations. Debris from destroyed drones fell on 15 locations, the air force said.

At least four people were killed in Kyiv and 58 people were injured, including three children, Ukraine’s state emergency service said in a statement on Telegram. Residential buildings and other civilian infrastructure were damaged in eight of Kyiv’s districts.

In the central Dnipropetrovsk region, at least six people were killed and 36 others injured after Russian strikes hit the city of Dnipro, according to the emergency service. A second attack as first responders arrived at the scene killed one rescuer.

In Kharkiv, at least 14 people were injured and residential homes, garages and cars were damaged.

A two-story residential building and part of a four-story apartment block were damaged, with people trapped beneath the rubble of the larger building.

The boom of explosions echoed through most of the night and into the early morning. Kyiv had been bracing for another mass attack for days, after Ukrainian President Volodymyr Zelenskyy warned that Russiawas preparing a renewed assault and urged people to remain cautious and seek shelter during air raid alerts.

In the Podilskyi district, there was partial damage to the upper floors of a nine-story building, trapping people under the rubble. Rescue operations were still underway in the early hours of the morning, even as the air raid alert remained in effect.

In the Solomianskyi district, a 20-story building and a 24-story building were damaged.

Ukrainian officials have been pressing allies for more air defense missiles to counter Russia’s ballistic missile attacks. While Ukraine continues to intercept a high percentage of drones, ballistic missiles remain a major vulnerability for the country’s air defenses.

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The Dictatorship

Even if Trump kills his $1.8 billion slush fund, his IRS lawsuit headache isn’t over

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ByNick Akerman

President Donald Trump is in a legal bind of his own making.

Reports emerged Monday that Trump, under pressure from Republican lawmakersis preparing to drop the $1.776 billion “anti-weaponization” fund that sparked public outragepolitical chaos and, crucially, legal questions. The Justice Department announced it would temporarily pause implementation to comply with a court order.

There’s no indication that Trump would also drop the IRS immunity that was part of his controversial lawsuit settlement. Therefore, a federal judge is likely to proceed in her inquiry that poses a significant legal threat to Trump.

The president may be preparing to drop the settlement fund that has sparked political backlash, but if he attempts to hold on to the IRS immunity, he would still have to answer to Williams.

Judge Kathleen M. Williams signaled Friday that she is deciding whether to reopen Trump’s $10 billion lawsuit against the IRS in order to investigate the propriety of the lawsuit and the subsequent settlement.

Trump, of course, had recently withdrawn the lawsuit he filed in January against government agencies under his control. The Department of Justice later announced a settlement that created a slush fund for allies and precludes future IRS investigation of him, other Trump family members and Trump businesses.

The settlement in the wake of Trump’s dubious lawsuit reeked of self-dealing — and now the judge’s order may leave Trump with little room to maneuver. The president may be preparing to drop the settlement fund that has sparked political backlashbut if he attempts to hold on to the IRS immunity, he would still have to answer to Williams.

A lawsuit is valid only when there is “a case or controversy” between adverse parties. Since Trump controls the executive branch, there was an obvious lack of adversity between a sitting president and entities whose decisions were subject to his direction. From the outset, Williams, who presides over the case in the Southern District of Florida, expressed skepticism of the lawsuit’s legitimacy. She asked the parties to submit briefs addressing whether the lawsuit was, in fact, a legitimate adverse proceeding.

Two days before the briefs were due last month, Trump moved to dismiss the case. Williams granted the motion but was not informed about the settlement the Justice Department later announced.

Last week, 35 former federal judges filed a motion asking Williams to reopen the case. They argued that “the purported ‘settlement’ that the parties never placed before this Court raises profound questions about the parties’ candor toward the Court and manipulation of the judicial system, which threatens to undermine confidence in the administration of justice.” The settlement is “a fraud on the Court,” they wrote.

Other lawsuits have been filed over the settlement, but Williams’ court is by far the best forum for addressing this settlement. One suit was brought in Washington, D.C., by former Capitol Police officers who defended the Capitol on Jan. 6, 2021. The other was filed in Virginia by public and nonprofit entities. A federal judge’s temporary order in the Virginia lawsuit is what the Justice Department responded to Monday. Those two suits challenge the creation of the fund, but neither addresses the issue of future IRS immunity. The two lawsuits are also likely to be dismissed for lack of standing over the plaintiffs’ failure to show a concrete injury traceable to the settlement.

Judge Williams, by contrast, is positioned to unravel the entire agreement. Federal courts possess inherent contempt powers and may investigate and remedy improper conduct by attorneys and litigants. That authority can include appointing a private attorney to assist in investigating and prosecuting criminal contempt — when, as here, there is reason to believe the Justice Department has a conflict.

Two days after the 35 former judges filed their motion, Judge Williams issued an order in response. The court, she wrote, “is empowered to investigate serious misconduct as a collateral issue” and to determine whether the suit was filed for an “improper purpose.”

Among the key points in her order:

  • the grant of IRS immunity did not relate “to the immediate subject matter of the claim,” which was the leak of Trump’s tax information;
  • the IRS and the U.S. Treasury “did not ‘even try[] to defend against” Trump’s claims, despite actively opposing “nearly identical claims in other litigation”;
  • and, as the former judges had argued, Trump’s claims were “clearly untimely” and barred by the expired statute of limitations.

Williams ordered Trump, the IRS and the U.S. Treasury to respond by June 12 on: “(1) the charges of collusion and whether the Parties are
truly adverse; (2) the assertion that the dismissal in this case was premised on deception by the Parties; and (3) the question of whether the case should be reopened because the Court was the ‘victim of a fraud.’”

So here is Trump’s quandary: He must answer Williams’ questions with facts. He cannot simply submit a memorandum filled with platitudes denying collusion or dismissing the matter as a witch hunt. The court will likely expect sworn affidavits setting out facts to support any defense that there was no collusion and no deception.

An affidavit from a third party such as acting Attorney General Todd Blanche — Trump’s former criminal defense lawyer, who in his new role signed the immunity agreement and has defended the overall settlement — would likely be insufficient on its own.

The judge will almost certainly expect Trump, the named plaintiff, to submit an affidavit himself responding to all three of Williams’ inquiries.

Whatever is filed in response to the court’s order could raise additional issues, which could lead to an evidentiary hearing with witnesses. Matters not fully addressed in the affidavits or that otherwise remain ambiguous would need to be explored, with Williams empowered to assess credibility firsthand.

Such a hearing would pose significant legal risks for Trump. He would be expected to explain remarks such as when, asked about being on both sides of a lawsuit, he told reporters, “I’m supposed to work out a settlement with myself.”

His testimony could also expose him to criminal liability beyond fraud on the court, such as a broader fraudulent scheme to defraud the government of massive taxpayer funds in violation of Title 18 U.S.C. § 371. Conspiring to deceive the government is a federal felony punishable by up to five years in prison.

At any hearing, Trump would be free to invoke his Fifth Amendment privilege against self-incrimination. But that choice can be used against him and could provide the judge with more than ample basis to nullify the settlement. Because Trump brought the lawsuit in his personal capacity, he would not be entitled to presidential immunity for “official acts” under the Supreme Court’s 2024 decision in Trump v. United States. His testimony at such a hearing could also be used against him in a later criminal prosecution.

Because we have an independent judiciary and judges committed to the rule of law, Trump could remain accountable for fraud or other misdeeds he may have committed in pursuing his lawsuit against the IRS or the settlement. Jettisoning the controversial fund doesn’t automatically end Judge Williams’ inquiry.

Nick Akerman

Nick Akerman was formerly an assistant special Watergate prosecutor and an assistant U.S. attorney for the Southern District of New York and is currently a practicing attorney in New York City.

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Democrats still do not trust Trump on $1.8 billion fund — and neither do some Republicans

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Almost no one on Capitol Hill is convinced by the White House’s offer to drop its plans for President Donald Trump’s nearly $1.8 billion settlement funda pot of money that is fueling a growing crisis for GOP leaders.

Instead, Democrats want to address the issue legislatively and Republicans may have no choice — and may also want some congressional clarity.

Nearly two weeks after the planned fund sparked a GOP revolt against a key immigration funding bill, the Trump administration promised Monday to drop the payout proposal. A senior White House official told MS NOW the administration was halting its plans, and the Justice Department posted on X it would “abide by” a temporary court ruling against the fund.

Those promises were too vague for critics in either party.

“They have to follow the law,” Sen. John Kennedy, R-La., said of the DOJ post vowing to follow a court order. “We all have to follow the law. That’s why God made jails. Yeah, if you don’t follow the law, you go to jail. It doesn’t tell me much.”

Senate Judiciary Chairman Chuck Grassley, R-Iowa, called for a clear end to the plans for a fund.

“The only thing that’s going to solve this problem to get immigration funded and law enforced is for the president to do away with the weaponization fund,” Grassley told reporters.

Sen. Lisa Murkowski, R-Alaska, questioned whether the DOJ plan to follow a roughly two-week court order would actually eliminate the fund.

Sen. Bill Cassidy, R-La., said he was open to voting for legislation to block the fund and said he would look into the White House’s statements about it.

“I need to be convinced,” Cassidy told reporters.

Democrats were even more skeptical about the White House’s promise.

“For five minutes,” Sen. Patty Murray scoffed when asked about the plan to drop the fund. “I don’t believe that.”

This week’s congressional search for meaning in a hazy set of promises from the White House is unusually urgent. A Republican bill with $72 billion for Immigration and Customs Enforcement and Customs and Border Protection is dependent on a resolution on the settlement fund. Democrats have vowed to force votes to amend the ICE funding bill to include a measure barring Trump’s “slush fund,” as they call it.

Before the White House said it was abandoning its plans, it looked like some of those Democratic amendments would get enough Republican support to be adopted. Now? It is possible those proposals get even more votes, with GOP lawmakers seeing a jailbreak forming.

“I’m sure the Democrats are going to give us an opportunity to vote on lots of different amendment ideas, but I think if the administration effectively shuts it down, and makes that very, very clear, then that to me should answer the question,” Senate Majority Leader John Thune, R-S.D., said Monday.

Thune left open the possibility of votes this week on the reconciliation bill.

The nominal concessions from the White House do highlight the ability of Republican lawmakers to pressure the White House — at least, when they are motivated to do so.

Speaker Mike Johnson, R-La., met with Trump on Monday, and that meeting played a key role in the decision to drop the anti-weaponization fund, a source familiar with the matter told MS NOW. Johnson helped convince Trump to drop the proposal to help achieve a path forward for ICE funds. A House Republican told MS NOW that several GOP lawmakers leaned on Johnson to try to kill the fund.

Senate Minority Leader Chuck Schumer, D-N.Y., said on the Senate floor Monday that if Republicans take up the bill, “the first amendment I will offer will be to ban the slush fund permanently and forever.”

Murray, the top Democrat on the Senate Appropriations Committee, told MS NOW she expects to debate the issue as part of the annual government-funding negotiations, as well as via the GOP’s attempt to pass a one-time reconciliation bill.

Of course, Republican critics of the proposal may seek a softer response, rather than a permanent ban. Sen. John Hoeven, R-N.D., said GOP conversations have centered on how to “get some guardrails” on the fund.

Some Republicans may simply accept Trump’s promise to drop the issue. Sen. Rick Scott, R-Fla., told reporters he spoke to a White House official Monday and was assured the administration is dropping the fund.

“I’m comfortable,” Scott said. “They told me they’re dropping it.”

But more and more Democratic proposals to block the fund are springing up.

Sens. Adam Schiff, D-Calif.; Mark Kelly, D-Ariz.; and Elissa Slotkin, D-Mich., said they were introducing a bill to block the fund — and any similar lawsuit funds created by future presidents. Kelly said he has discussed the fund with Republican colleagues who were concerned about it and said he would revive those conversations about the bill to block it.

Schiff said he views the White House offer to drop the fund as a “tactical retreat.” Slotkin also said she is not buying it.

“If you believe that a temporary two-week hold by this president means anything, I have a bridge I want to sell you,” she told reporters.

There is also the unresolved issue of Trump and his family’s immunity from IRS audits. As part of the president’s decision to drop a $10 billion lawsuit against the IRS, the DOJ promised to create the nearly $1.8 billion fund and shield Trump and his family from audits — including a pending audit in which Trump is said to owe the IRS roughly $100 million.

While Trump appears to be dropping the $1.8 billion fund — at least for now — the fate of Trump’s get-out-of-audits-free card is more unclear.

Democrats appear likely to offer amendments addressing that resolution during the upcoming reconciliation fight, as well as measures forcing votes on other Trump-related priorities, such as his proposed ballroom project.

In all cases, Trump looks like he wants to avoid lawmakers weighing in — something Thune acknowledged Monday when he said the addition of language blocking the fund to the reconciliation bill could jeopardize Trump’s signature.

Whether Trump’s supposed promise is enough for Republicans remains uncertain, as does the fate of the underlying reconciliation bill. “To be determined,” Thune said Monday night.

Asked whether Republicans would try to move forward with the measure this week, Thune told reporters they would “know by tomorrow.”

Jack Fitzpatrick covers Congress for MS NOW. He previously reported for Bloomberg Government, Morning Consult and National Journal. He has bachelor’s and master’s degrees from Arizona State University.

Mychael Schnell is a reporter for MS NOW.

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