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.
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