Everything’s Bigger in Texas — Including Its Regulation of Ultra-Processed Foods

On June 22, 2025, Texas Governor Greg Abbott signed Senate Bill 25 into law, also known as the Make Texas Healthy Again Act. This expansive legislation takes aim at a range of public health concerns, including childhood nutrition, food labeling, and the regulation of ultra-processed foods (UPFs). Notably, SB 25 makes Texas the first U.S. state to require ingredient-specific warning labels for certain food additives banned or discouraged by regulatory agencies in other developed countries.

This Advisory outlines the core provisions of SB 25 relevant to food manufacturers and distributors and highlights the implications for product labeling and compliance.

Key Provisions of Senate Bill 25

1. Mandatory Warning Labels for Additive-Containing Foods

Effective January 1, 2027, any food product sold in Texas must include a clearly visible warning label if it contains one or more of 44 specified additives.¹ This applies regardless of where the product is manufactured. Affected ingredients include substances frequently used in UPFs and other products, such as bleached flour, Red Dye No. 3, BHA, titanium dioxide, and other colorants, preservatives, and synthetic compounds.

The required 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 labeling requirement does not apply to dietary supplements or food prepared, served, or sold in restaurants or similar retail food establishments.

2. Texas Nutrition Advisory Committee

SB 25 establishes a seven-member Texas Nutrition Advisory Committee, appointed by the governor. The committee is tasked with:

• Reviewing the latest scientific research on the health impacts of UPFs and food additives
• Evaluating the relationship between diet and public health outcomes
• Providing education and policy guidance on nutrition-related issues statewide

Members will include medical professionals, nutrition experts, and community stakeholders.

3. Enforcement and Civil Penalties

The act grants enforcement authority to the Texas Attorney General, who may seek injunctions or other appropriate relief to prevent violations. Additionally, the Texas Attorney General may seek civil penalties of up to $50,000 per day per product that is found to be noncompliant with the labeling requirements.

4. Federal Preemption

Lastly, the act includes an express federal preemption clause. Specifically, it provides that the warning labeling requirement will not take effect if either the U.S. Food and Drug Administration or the U.S. Department of Agriculture:

• Prohibits the use of any of the ingredients listed in the act
• Imposes conditions related to those ingredients, including requirements for warnings or disclosures
• Determines that a listed ingredient is safe for consumption
• Requires labeling concerning UPFs or processed foods

Looking Ahead

While SB 25 formally goes into effect on September 1, 2025, the two-year runway before the labeling mandate takes hold gives manufacturers time to assess affected products, consider reformulations, and develop compliant packaging strategies.

Food industry stakeholders should begin preparing now by:

• Conducting reviews of product formulations
• Developing label redesign strategies
• Monitoring the committee’s findings and any follow-up regulations

To learn more about recent developments impacting the food and beverage industry, consult our recent content linked below:

• UPFs Unwrapped: The Rise of Ultra-Processed Food Scrutiny
• Food and Color Additives and the MAHA Agenda: What the Food & Beverage Industry Should Know
• MAHA and Its Possible Effects on the Food Industry
• Red Alert: The Ban on Red No. 3 and Its Ripple Effect on Companies
• Navigating FDA Compliance and Civil Litigation: Strategies for Food and Medical Product Companies

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Advisory is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.