In May 2025, the Trump administration’s Make America Healthy Again (MAHA) Commission released its Make Our Children Healthy Again Assessment, a “call to action” that analyzed several potential factors in the rise of childhood disease and obesity. Ultra-processed foods (UPFs) were a focal point in the report, noting “nearly 70% of an American child’s calories today come from ultra-processed foods.” Texas and Louisiana have both recently enacted legislation following MAHA’s lead, requiring new labeling on foods, as well as restricting certain ingredients and food-related federal programs.
Texas – Senate Bill 25 and Civil Investigative Demands
Texas Gov. Greg Abbott signed Senate Bill 25 (SB 25) on June 22, 2025, which aims to “promote healthy living, including requirements for food labeling, primary and secondary education, higher education, and continuing education for certain health care professionals.” The legislation, among other things, does the following:
- Creates an advisory committee tasked with examining and providing education on the connection between ultra-processed foods, certain food additives, and chronic disease;
- Requires warning labels for products containing 44 food additives1, including several different dyes that are disfavored in Australia, Canada, the European Union, and/or the UK, even if those additives are Generally Recognized as Safe (GRAS) under federal standards;
- Requires minimum levels of physical activity and nutritional education for students.
While no private cause of action exists under SB 25, violations may carry civil penalties of up to $50,000 per day, injunctive relief brought by the Texas attorney general, and costs for investigation and enforcement.
Texas has been active in enforcement and litigation since the MAHA report and passage of SB 25, with state Attorney General Ken Paxton launching investigations into General Mills, among others, for allegedly deceptive marketing relating to their use of dyes in food. Attorney General Paxton has announced that Texas’ investigation prompted General Mills to publicly promise to stop using artificial dyes by 2027, and new investigations continue to be launched as scrutiny over processed foods continues in Texas.
Texas also recently enacted legislation (SB 379) prohibiting purchases of candy and soda with Supplemental Nutrition Assistance Program (SNAP) benefits. These products often contain high fructose corn syrup or aspartame, two sweeteners criticized in the MAHA report but ultimately removed from SB 25’s original list of ingredients that would require the aforementioned warning labels.
Louisiana Senate Bill 14
Louisiana enacted Senate Bill 14 (SB 14) days after Texas’ law, on June 25, 2025. While the bill addresses some of the same concerns as SB 25, it does so in different ways. SB 14:
- Requires warnings labels for 44 food additives2 that include QR codes directing consumers to a manufacturer-operated website containing additional information on the ingredient and linking to the FDA’s web page regarding food chemical safety;
- Requires restaurants and other food purveyors to include disclaimers that “some menu items may contain or be prepared using seed oils”;
- Prohibits public and state-funded schools from serving foods containing certain dyes, additives, and artificial colors (e.g., blue dye 1 and red dye 40), preservatives (e.g., BHA and BHT), and artificial sweeteners (e.g., aspartame and sucralose) as well as requiring schools to locally source their food “to the extent practicable”;
- Requires health care professionals to complete continuing nutritional education programs in order to receive or renew their licenses.
Considerations for Food Industry Stakeholders
These new laws have and may continue to receive criticism from food industry groups. The Consumer Brands Association stated, “[t]he labeling requirements of SB 25 mandate inaccurate warning language, create legal risks for brands and drive consumer confusion and higher costs.” Regardless, these laws suggest state legislatures’ willingness to make structural changes to address a perceived increase in chronic illness and the associated rise of healthcare costs.
Texas’ SB 25 and Louisiana’s SB 14 may face early legal challenges from food manufacturers and marketers, particularly the warning label provisions that take effect in Texas on Jan. 1, 2027, and Louisiana on Jan. 1, 2028. Industry may challenge the legislation on grounds that the Food, Drug, and Cosmetic Act and any federal rulemaking that has occurred or may occur in the future with respect to these additives would preempt any inconsistent state law food labeling requirements. SB 25 does include a federal preemption clause, which states the warning labeling requirement will not go into effect if the FDA or U.S. Department of Agriculture specifically prohibits, restricts, or finds safe any of the additives at issue. The Texas enforcement actions may also receive litigation pushback from industry targets to the extent they challenge the use of food dyes and additives that remain GRAS under federal standards.
Until these potential challenges have been litigated and decided, however, these laws may require nationwide changes to product formulations, labeling, and marketing practices in order for national brands to comply with specific states’ new regulatory schemes and to preemptively comply with other states who may enact similar legislation in the future.
1 Acetylated esters of mono- and diglycerides (acetic acid ester); anisole; azodicarbonamide (ADA); butylated hydroxyanisole (BHA); butylated hydroxytoluene (BHT); bleached flour; blue 1 (CAS 844-45-9); blue 2 (CAS 860-22-0); bromated flour; calcium bromate; canthaxanthin; certified food colors by the FDA; citrus red 2 (CAS 6358-53-8); diacetyl; diacetyl tartaric and fatty acid esters of mono-and diglycerides (DATEM); dimethylamylamine (DMAA); dioctyl sodium sulfosuccinate (DSS); ficin; green 3 (CAS 2353-45-9); interesterified palm oil; interesterified soybean oil; lactylated fatty acid esters of glycerol and propylene glycol; lye; morpholine; olestra; partially hydrogenated oil (PHO); potassium aluminum sulfate; potassium bromate; potassium iodate; propylene oxide; propylparaben; red 3 (CAS 16423-68-0); red 4 (CAS 4548-53-2); red 40 (CAS 25956-17-6); sodium aluminum sulfate; sodium lauryl sulfate; sodium stearyl fumarate; stearyl tartrate; synthetic trans fatty acid; thiodipropionic acid; titanium dioxide; toluene; yellow 5 (CAS 1934-21-0); and yellow 6 (CAS 2783-94-0).
2 Acesulfame potassium; Acetylated esters of mono- and diglycerides (acetic acid ester); Anisole; Aspartame; Azodicarbonamide (ADA); Butylated hydroxyanisole (BHA); Butylated hydroxytoluene (BHT); Bleached flour; Blue dye 1 (CAS 3844-45-9); Blue dye 2 (CAS 860-22-0); Bromated flour; Calcium bromate; Canthaxanthin; Certified food colors by the United States Food and Drug Administration; Citrus red dye 2 (CAS 6358-53-8); Diacetyl; Dimethylamylamine (DMAA); Dioctyl sodium sulfosuccinate (DSS); Green dye 3 (CAS 2353-45-9); Interesterified palm oil; Interesterified soybean oil; Lactylated fatty acid esters of glycerol and propylene glycol; Lye; Morpholine; Olestra; Partially hydrogenated oil (PHO); Potassium aluminum sulfate; Potassium bromate; Potassium iodate; Propylene oxide; Propylparaben; Red dye 3 (CAS 16423-68-0); Red dye 4 (CAS 4548-53-2); Red dye 40 (CAS 25956-17-6); Sodium aluminum sulfate; Sodium lauryl sulfate; Sodium stearyl fumarate; Stearyl tartrate; Sucralose; Synthetic trans fatty acid; Thiodipropionic acid; Toluene; Yellow dye 5 (CAS 1934-21-0); Yellow dye 6 (CAS 2783-94-0).