Texas Is the First State to Require Warning Labels for 44 Additives

This June, Texas Gov. Greg Abbott signed a new bill into law that will require warning labels on foods containing certain additives. And those labels may need to be added to thousands of items.

The bill, Senate Bill 25, identifies 44 ingredients, including food colorings such as Blue 1 and 2, Green 3, Red 40, and Yellow 5 and 6. It also covers olestra, partially hydrogenated oils, and titanium dioxide, which Food & Wine previously reported is found in about 11,000 food products. 

The bill explicitly states that any product containing listed additives must have a label stating: “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.” The labels must be implemented by 2027.

The new law is being linked to the larger “Make America Healthy Again” movement spearheaded by Robert F. Kennedy Jr., the U.S. Secretary of Health and Human Services. Stuart Pape, a lawyer who represents food companies, told The Washington Post that he believes it's “almost entirely a function of the MAHA movement.” 

As Food & Wine reported, titanium dioxide specifically garnered special attention in the White House's “Make America Healthy Again” report, which states that it “may cause cellular and DNA damage.”

A new study on mice, published in the upcoming August issue of the journal Food and Chemical Toxicology, found that titanium dioxide may disrupt blood sugar levels, causing the mice to be unable to manage their glucose effectively. Additionally, the study's findings indicate that enteroendocrine cells, which produce hormones that regulate appetite and blood sugar, including GLP-1, may not function properly due to exposure to the additive.

The Associated Press, however, noted that a review of the listed additives shows that nearly a dozen of them are indeed legal in the countries and regions listed in the warning. That includes titanium dioxide, which is banned in the European Union but remains an allowable additive in Canada, Australia, and the United Kingdom. Furthermore, the AP noted that several of the targeted additives, including partially hydrogenated oils, Red Dye No. 4, and Red Dye No. 3, have already been banned in food. 

“I don't know how the list of chemicals was constructed,” Thomas Galligan, a scientist with the Center for Science in the Public Interest, told the AP. “Warnings have to be accurate in order to be legal.”

The new labeling law, the AP added, will likely compel food manufacturers to choose between adding the labels, reformulating their products completely to avoid them, or taking the state of Texas to court. 

None of these options is ideal, according to the Consumer Brands Association, a group that represents major food manufacturers. John Hewitt, the group's senior vice president of state affairs, told Fortune earlier this year that the “labeling requirements of SB 25 mandate inaccurate warning language, create legal risks for brands and drive consumer confusion and higher costs.” Hewitt added, “Because there are so many ingredients, and we anticipate this impacting so many different products, I don't know to the extent that reformulation is that feasible at the outset.”

The law, however, also has wide-ranging support, including from Brian Ronholm, director of food policy at Consumer Reports, who told the AP that this “represents a big win for Texas consumers and consumers overall.” Ronholm added, “It's a reflection of states not wanting to wait for the federal government to act.” 

The new legislation extends beyond food labeling. It mandates daily physical activity in both public and charter schools from kindergarten through eighth grade, along with mandatory nutrition education for those grades. High school students have the option to take nutrition as an elective. The bill also requires universities and medical schools in the state to include nutrition courses to qualify for state funding. Additionally, starting in 2027, doctors, nurses, physician assistants, and some licensed practitioners must complete nutrition and metabolic health education as part of their ongoing training to renew their licenses.