• 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, the law includes a federal preemption provision (Section 431.0817) that should limit the law’s impact on warning label requirements. The provision states that a warning label is not required if FDA or USDA have (1) prohibited the use of the ingredient, (2) imposed conditions on the use of the ingredient (including the requirement of a warning or disclosure statement), or (3) determined an ingredient or class of ingredients is safe for human consumption by federal law or regulation promulgated by the FDA. A warning label is also not required if a federal law or regulation requires a labeling statement relating to ultra-processed or processed foods. This language was included in SB 25 following an amendment made by Representative Gary VanDeaver.
  • Based on the federal preemption provision’s language, if FDA has implemented a regulation authorizing the use of an ingredient, it will not require a warning label. For example, sodium hydroxide (also known as lye) is generally recognized as safe (GRAS) as a direct human food ingredient by FDA (21 CFR 184.1763). Sodium hydroxide is also approved for use in the European Union, United Kingdom, Australia, and Canada.
  • The law will take effect on September 1, 2025. Keller and Heckman will continue to monitor and post updates on similar state legislation requiring ingredient disclosures or labels.