The Texas Department of State Health Services (DSHS) recently released its final rule implementing Texas SB 25, which requires foods containing any of 44 specified ingredients to display the following warning 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.” The warning requirement applies to food product labels developed or copyrighted on or after January 1, 2027. However, in American Beverage Association et al. v. Paxton, a federal district court in the Western District of Texas recently granted a preliminary injunction temporarily halting enforcement of the warning requirement against Plaintiff food and beverage trade associations and their members while the lawsuit is ongoing.
DSHS has also determined ingredients considered generally recognized as safe or determined to be safe by the FDA or USDA are not subject to the rule requirements.
Considering that most of the ingredients listed in SB 25 are approved color additives, approved food additives, the subject of a generally recognized as safe (GRAS) regulation, or have been banned/ are not authorized for use in foods and therefore would not be used, this is a significant development that could largely nullify the effect of the law by limiting the warning requirements to those listed ingredients that have not been authorized for use by the U.S. Food and Drug Administration (FDA).
DSHS also explains that the date the label is developed or copyrighted refers to the date the label is “created,” without elaborating on the meaning of “created.” The final rule otherwise largely adopts the provisions in the proposed rule.
For further information, please visit this Issue Brief prepared by Hogan Lovells, NCC’s general counsel.
