Texas Bill to Require Warning Labels for Artificial Colors and Food Additives  

Texas is the latest state to introduce a bill (SB 25) targeting artificial colors, food additives, contaminants, and more.

The bill, which is written to go into effect by January 1, 2027, would require the manufacturers of packaged foods to place warning labels on their products if they contain one of 50 specific additives, some of which are already illegal to use in foods according to the U.S. Food and Drug Administration (FDA). These include several food dyes, titanium dioxide, and melatonin.

If a product contains one of the listed ingredients, the bill would require a warning statement that “This product contains an artificial color, chemical, or food additive that is banned in Australia, Canada, the European Union, or the United Kingdom.”

Enforcement of the bill lies with the state attorney general, and violations can come with a penalty of up to $50,000 per violation, plus reimbursement to the state for the cost of enforcement.

The bill also seeks to establish a state nutrition advisory committee, mandate 30 minutes of daily physical activity during the school day, and establish nutrition education curriculum requirements in Texas schools, which would be created by the newly-established nutrition advisory committee.

The state’s Senate unanimously voted to pass the bill, advancing it to the Texas House Committee on Public Health.

Lieutenant Governor Dan Patrick said that the bill was a top priority after its passage.

“I named SB 25 as a priority of mine because making Texas healthy again is the perfect way to ensure Texans can capitalize on our bright future,” said Patrick. “The commonsense reforms included in SB 25 highlight how important nutrition and exercise are in maintaining overall health. By promoting exercise and educating the public about how damaging ultra-processed foods can be, we can make a positive difference in Texans’ lives,” he said.

The full list of banned ingredients subject to the label rule include:

• Acsulfame potassium
• Acetylated esters of mono- and diglycerides
• Activated charcoal
• Anisole
• Atrazine
• Azodicarbonamide (ADA)
• Butylated hydroxyanisole (BHA)
• Butylated hydroxytoluene (BHT)
• Bleached flour
• Blue 1
• Blue 2
• Bromated flour
• Calcium bromate
• Canthaxanthin
• Certified food colors by the U.S. FDA
• Citrus red 2
• Diacetyl
• Diacetyl tartaric and fatty acid esters of mono and diglycerides
• Dimethylamylamine (DMAA)
• Diuctyl sodium sulfosuccinate (DSS)
• Ficin
• Green 3
• Interesterified palm oil
• Interesterified soybean oil
• Lactylated fatty acid esters of glycerol and propylene glycol
• Lye
• Melatonin
• Morpholine
• Olestra
• Partially hydrogenated oil
• Potassium aluminum sulfate
• Potassium bromate
• Potassium iodate
• Potassium sorbate
• Propylene oxide
• Propylparaben
• Red 3
• Red 4
• Red 40
• Sodium aluminum sulfate
• Sodium lauryl sulfate
• Sodium stearyl fumarate
• Stearyl tartarate
• Synthetic or artificial vanillin
• Synthetic trans fatty acid
• Tiodipropionic acid
• Titanium dioxide
• Toluene
• Yellow 5
• Yellow 6