Mandatory labeling for 44 controversial ingredients starts in 2027, and enforcement challenges are already stirring industry response
In a landmark move that is already shaking the packaged food industry, Texas has enacted Senate Bill 25 (SB25) requiring warning labels on any food product sold in the state that contains one or more of 44 food additives or ingredients banned or restricted in the European Union, Canada, the United Kingdom, or Australia.
Set to go into effect on January 1, 2027, the law requires any such product to display a prominent label stating:
“WARNING: This product contains an artificial color, chemical, or food additive that is banned in Australia, Canada, the European Union, or the United Kingdom.”
SB25 has significant implications for food and beverage manufacturers, copackers, distributors, and retailers—particularly those who operate in multiple states. Enforcement will be managed by the Texas Department of State Health Services, with penalties reaching up to $50,000 per violation per day.
The Complete List: 44 Additives Requiring Warning Labels Under SB25
- Acetylated esters of mono- and diglycerides
- Anisole
- Azodicarbonamide (ADA)
- Butylated hydroxyanisole (BHA)
- Butylated hydroxytoluene (BHT)
- Bleached flour
- Bromated flour (Potassium bromate)
- Blue 1
- Blue 2
- Canthaxanthin
- Citrus Red 2
- Diacetyl
- Diacetyl tartaric and fatty acid esters of mono- and diglycerides (DATEM)
- Dimethylamylamine (DMAA)
- Dioctyl sodium sulfosuccinate (DSS)
- Ficin
- Green 3
- Interesterified palm oil
- Interesterified soybean oil
- Lactylated fatty acid esters of glycerol and propylene glycol
- Lye
- Morpholine
- Olestra
- Partially hydrogenated oils (PHOs)
- Potassium aluminum sulfate
- Potassium bromate
- Potassium iodate
- Potassium sorbate
- Propylene oxide
- Propyl paraben
- Red 3
- Red 4
- Red 40
- Sodium aluminum sulfate
- Sodium lauryl sulfate
- Sodium stearyl fumarate
- Stearyl tartrate
- Synthetic/artificial vanillin
- Synthetic trans fatty acids
- Thiodipropionic acid
- Titanium dioxide
- Toluene
- Yellow 5
- Yellow 6
Everyday Uses: What’s on the Chopping Block
Many of these ingredients are widely used in popular snack foods, baked goods, cereals, processed meats, candies, and beverages.
Examples:
- Titanium Dioxide: Used to whiten icing, coffee creamers, and candy coatings.
- Azodicarbonamide (ADA): Common in breads to strengthen dough.
- Red 40, Yellow 5, Blue 1: Ubiquitous food dyes in drinks, candies, and cereals.
- Propyl Paraben & BHA/BHT: Preservatives that extend shelf life in snack foods.
- Partially Hydrogenated Oils: Once common in baked goods and margarine.
Industry Response and Legal Pushback
While public health advocates have applauded the move, manufacturers and food associations are pushing back. Lawsuits challenging SB25’s constitutionality under the Interstate Commerce Clause are expected by the end of 2025. Trade groups argue that requiring Texas-specific labels creates a fractured regulatory environment for national brands.
Some companies are considering reformulating products nationwide, while others may simply pull affected SKUs from the Texas market if the costs of compliance outweigh the revenue.
Exemptions and Enforcement
The law does not apply to restaurant food or dietary supplements, thanks to a late amendment that spared supplement makers from costly reformulations or additional packaging.
Enforcement is scheduled to begin January 1, 2027, giving companies 18 months to identify impacted SKUs and adjust their compliance strategy. Retailers, especially national chains and grocers, are closely watching for additional guidance from the Texas Department of State Health Services.
What Should Food Businesses Do Now?
- Audit Your Ingredient Lists: Identify any products containing one or more of the listed additives.
- Consider Reformulation: If the ingredient is not critical, consider removing or replacing it.
- Label Development: Prepare new packaging designs that comply with SB25 warning requirements.
- Monitor Legal Developments: Lawsuits could delay or invalidate parts of the law.
- Consult Legal & Regulatory Experts: Multistate food operations should assess compliance across jurisdictions.
Final Thoughts
Texas is the first U.S. state to pass a law of this kind, but it may not be the last. Louisiana is already advancing a similar bill, and consumer awareness around banned additives is growing.
For companies in the food and beverage space, proactive steps now could reduce costly disruptions later. Let’s talk.
