02.24.2026
On February 11, 2026, Texas Senate Bill 25 (SB25), one of the most aggressive state-level food labeling rules in recent years, has been paused after a Texas district court issued a preliminary injunction blocking enforcement of its controversial warning-label provision. Effective from January, 1st, 2027, the bill would create a new warning label requirement for foods containing any of 44 specified ingredients, including commonly used additives and colors such as certified food colors and titanium dioxide. If any of the listed chemicals are present, the product must display this label:
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.
Trade groups representing beverage, confectionery, and packaged food companies filed suit, arguing the requirement violated constitutional protections and conflicted with federal labeling laws. The Texas District Court has ruled that the mandated warning labels likely constitute compelled commercial speech, granting a preliminary injunction and preventing Texas from enforcing Section 9 warning requirements while litigation continues.
Even though enforcement is paused, regulatory observers say the bill signals a growing trend. After the Make America Healthy Again takeover at the Federal level, there has been an increasingly bipartisan push in States attempting to impose California-style warning regimes on food ingredients, with increased conflict between federal preemption and state-level labeling mandates. If SB25 ultimately survives legal challenges, manufacturers could face fines of up to $50,000 per day per product for non-compliance, a potential seismic shift in labeling risk.
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