Highlights
- Texas Gov. Greg Abbott on June 22, 2025, signed Senate Bill 25 (SB 25), a law that, among other provisions, requires the following consumer warning labeling on foods containing any of 44 ingredients: "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 law, which was inspired by the "Make America Healthy Again" movement, also mandates minimum levels of school-based physical activity for students in grades 5 and below; requires nutrition and wellness high school-level, higher education and continuing education curricula to be created (and, in some cases, restricts funding to state institutions if the coursework is not made mandatory); and creates a Texas Nutrition Advisory Committee.
- Companies that manufacture or sell food products in Texas containing any of the covered ingredients should begin compliance planning well ahead of the law's phased implementation. This includes evaluating preemption triggers at the federal level, engaging in state rulemaking and conducting product-level risk assessments prior to key regulatory deadlines. Notably, by Dec. 31, 2025, the regulations are set to be developed, and by Jan. 1, 2027, the consumer warning labeling takes effect.
- Further, since the Texas law is preempted for covered ingredients if certain related federal laws or regulations are implemented, companies should also monitor the national momentum around post-market review of food chemicals and evaluate engagement with federal authorities.
Texas Gov. Greg Abbott on June 22, 2025, signed Senate Bill 25 (SB 25), a law that requires a consumer warning label on foods containing any of 44 ingredients, along with other provisions. The author of the legislation, Sen. Lois Kolkhorst (R-Brenham), tied her bill to President Donald Trump's "Make America Healthy Again" movement, and the bill ultimately passed with bipartisan support. The law will become effective on Sept. 1, 2025.
"This legislation came about after listening to constituents who care about their overall health and they sense that something is wrong," said Sen. Kolkhorst. "Our nation spends more on healthcare than any other nation in the world, and yet our life expectancy ranks last among the G7 nations. We should ask why. It is time something is done, and SB 25 is a good start."
Key Provisions of SB 25
SB 25 requires that each food product sold in Texas includes a warning label disclosing the use of any of 44 named ingredients if 1) the ingredient is required by the U.S. Food and Drug Administration (FDA) to be disclosed and 2) the food product is intended to be consumed by humans. The warning's font size cannot be smaller than the smallest font used to disclose other required label statements and must read, "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 law also includes various requirements designed to ensure that the warning is visible and understandable by consumers, as well as that the information is made available on food product retailer websites or "otherwise" communicated to consumers.
The law excludes food products that 1) are not intended for human consumption, 2) are for restaurant or retail establishment use, 3) are regulated by the U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) and 4) include a warning label with recommendations from the U.S. surgeon general, as well as drugs and dietary supplements, or pesticides or other agricultural chemicals. The law also ensures that if a federal law or regulation that prohibits or otherwise restricts the use of a listed food product ingredient is promulgated (including a determination that the ingredient is safe for human consumption or requirement for a labeling statement related to ultra-processed or processed foods), SB 25 would be preempted and no longer apply to that ingredient.
The law also:
- mandates minimum levels of school-based physical activity for students in grades 5 and below
- requires nutrition and wellness high school-level, higher education and continuing education curricula to be created (and, in some cases, restricts funding to state institutions if the coursework is not made mandatory)
- creates a Texas Nutrition Advisory Committee to "examine the impact of nutrition on human health and examine the connection between ultra-processed foods, including foods containing artificial color and food additives, and the prevalence of chronic diseases and other chronic health issues"
Violations of the law are addressable via injunction brought by the Texas attorney general and/or a civil penalty of up to $50,000 per day for each violative food product and reimbursement of the costs associated with the state's investigation and/or enforcement action.
Companies that manufacture or sell food products in Texas should engage with appropriate representation who can guide them through the rulemaking process as these regulations are being developed in advance of the Dec. 31, 2025, deadline. In parallel, companies should engage with federal authorities to assess whether the law's preemption provisions may apply to any covered food product ingredients and assess their food products' formulations to ensure that all applicable labels comply with the consumer warning requirement by Jan. 1, 2027.
Compliance Considerations and Strategic Next Steps
In keeping with national momentum around post-market review of food chemicals such as the FDA's recently launched prioritization framework, SB 25 marks a significant development in state-level food labeling requirements. Drawing from similar compliance insights issued by Holland & Knight regarding oversight of ingredients, companies should prepare now for a multi-jurisdictional compliance environment.
Recommended steps include:
- Product Labeling Risk Review. Conduct a portfolio-wide audit to identify stock keeping units (SKUs) containing any of the 44 listed ingredients. This includes cross-referencing against existing FDA disclosures and intended retail distribution in Texas.
- Distribution in Texas. Work closely with brick-and-mortar retail partners in Texas to understand the regulatory requirements and rollout expectations. For online direct-to-consumer sales, gain an understanding of volume of sales and/or distribution into Texas.
- Label and Supply Chain Coordination. Collaborate with marketing and packaging teams to ensure that warning labels can be deployed in a manner consistent with the new law. Establish protocols for verifying supplier disclosures and monitoring for reformulation updates.
- Engagement with Regulatory Bodies. Track and, where appropriate, submit public comments to the Texas Health and Human Services Commission (HHSC) ahead of the Dec. 31, 2025, rulemaking deadline. In parallel, monitor FDA activity, particularly any future designations that could trigger SB 25's preemption provision.
- Litigation and Enforcement Preparedness. Evaluate internal recordkeeping and training protocols to reduce exposure to private enforcement actions or state-led investigations once the law becomes fully enforceable on Jan. 1, 2027.
- Harmonization Across Jurisdictions. Recognize that ingredient restrictions and disclosure requirements may continue to vary at the state level. Align compliance efforts with broader product stewardship frameworks and federal chemical safety initiatives.
Firm Leadership and Resources
Holland & Knight's Public Policy & Regulation Group continues to expand its national food and chemicals practices, integrating team members with substantial legal, scientific, and policy knowledge. In addition to the recent additions of Dr. Michal Freedhoff and Kate Goodrich, our team includes attorneys and policy professionals with deep experience in FDA regulation, Toxic Substances Control Act (TSCA) implementation, state-level food and chemical safety legislation, packaging requirements, chemical reporting laws and multijurisdictional compliance strategy.
Our team regularly advises companies navigating ingredient safety scrutiny, warning label mandates and chemical restrictions across the supply chain – from early product development to end-of-life management. We support clients with regulatory engagement, crisis response, litigation risk mitigation and legislative monitoring to help ensure practical, defensible compliance across federal and state frameworks.
For more information about how your company can prepare for compliance with SB 25 – and how this new law intersects with FDA's chemical review and federal labeling policy – please contact the authors of this alert.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
