/>i- On June 22, 2025, Texas Governor Greg Abbott signed SB 25 into law to require on-pack warning labels for food and beverage products that contain any of the substances listed within the bill, including titanium dioxide and FDA approved food colors such as Red 40. As we previously reported, the Texas House passed SB 25 on May 26, 2025, with bipartisan support and backing from the Department of Health & Human Services Secretary Robert F. Kennedy, Jr.
- The law adds Sections 431.0815, 431.0816, and 431.0817 to Subchapter D, Chapter 431 of the Texas Health and Safety Code. The law requires companies to either remove or place a warning label “in a prominent and reasonably visible location” on any product that contains any of the 44 listed substances. The warning label must read: “WARNING: This product contains an ingredient that is not recommended for human consumption by the appropriate authority in Australia, Canada, the European Union, or the United Kingdom.” This requirement applies to food product labels “developed or copyrighted” on or after January 1, 2027. In addition to seeking an injunction, the Attorney General may impose a civil penalty of up to $50,000 per day for each individual food product that violates this requirement.
- Notably, Section 431.0815 states that a warning label must disclose the use of any of the listed substances “if the [FDA] requires the ingredient to be named on a food label and the ingredient is used in a product intended for human consumption.” This language was included following an amendment made by Representative Lacey Hull on May 25, 2025.
- The law will take effect on September 1, 2025. Although the law is specific to products sold in Texas, it is expected to create widespread implications for the food and beverage industry.
Texas Governor Signs ‘Make Texas Healthy Again’ Bill Mandating Food Warning Labels
Thursday, June 26, 2025
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