Texas has become the first state in the U.S. to pass a bill mandating warning labels on foods and beverages containing artificial colors and additives, triggering a crisis in the food industry. This move is expected to overhaul the packaging designs and production lines of tens of thousands of food products.
According to the Washington Post (WP) on the 23rd (local time), the bill was finalized after being signed by Greg Abbott, the Republican Governor of Texas. The bill stipulates that when using 44 artificial colors and additives commonly found in foods such as confectionery, candy, and beverages, a warning label stating 'contains ingredients not recommended for human consumption by authorities in Australia, Canada, the EU, and the U.K.' must be placed in a prominent location on the product. The bill will take effect for products made on or after January 1, 2027, and existing stock must bear the new labels to be sold from that date.
The bill passed the Texas legislature with bipartisan agreement, and it is reported that Robert Kennedy Jr., Minister of Health and Welfare, actively supported its passage. Royce West, a Republican and chair of the Texas Senate Committee on Health and Human Services, emphasized the need for regulation, noting that 'despite the U.S. being the country with the highest healthcare expenditure in the world, health indicators are among the worst.'
Texas is actively participating in Kennedy's campaign, 'Make America Healthy Again' (MAHA), which aims to respond to 'chronic diseases and childhood illnesses,' and this bill is seen as part of that campaign. Previously, food regulation-related bills were primarily proposed in Democratic strongholds like California, but recently conservative states such as Texas and West Virginia are also joining the movement, indicating a spread of food regulations across the U.S.
Scott Faber, vice president of the nonprofit organization Environmental Working Group, which advocates for stronger food safety policies, stated, 'If actions are taken in large states like Texas, the impact on the overall food market is likely to be significant.'
The food industry is strongly opposing the measure. They argue that the additives currently used in food manufacturing have already undergone strict risk assessments confirming their safety. Additionally, the industry contends that mandatory warning labels will create misleading perceptions among consumers and lead to unnecessary expenses. The Consumer Brands Association sent a letter to Governor Abbott in June requesting a veto.
Internally, the industry is busy preparing responses. According to WP, food companies are considering either designing Texas-specific packaging for nationally distributed products or, for some items, halting sales in the Texas market. Some food companies are ramping up proactive responses like adjusting recipes or developing new products. Already, some major food companies, including Kraft Heinz and Tyson Foods, have announced plans to exclude artificial colors from their production processes.
Stuart Pfeiffer, a food law expert and former FDA official, predicted, 'The industry is likely to refrain from bringing products to market that bear the labels.'
However, there remains a possibility that the federal government could undermine the bill. If the FDA officially recognizes the safety of certain ingredients and decides to withhold the bill, federal law would take precedence over state law.
Nevertheless, WP analyzed that recent cases suggest that regulations at the state government level in Texas are likely to induce nationwide changes. California previously passed a ban on the use of Red 3 food coloring last year, and West Virginia is also set to ban the use of seven types of dyes in school meals and general foods starting in 2028.