exas Governor Greg Abbott has signed a sweeping new law that will require warning labels on many popular packaged foods sold in the state — including products like M&Ms, Cinnamon Toast Crunch, and Fanta — unless manufacturers remove certain chemical additives. The move has sparked backlash from major food industry groups.
Signed on Sunday, Senate Bill 25 marks a key win for Robert F. Kennedy Jr. and his “Make America Healthy Again” initiative, which advocates for removing synthetic dyes and other potentially harmful ingredients from the U.S. food supply.
What the Law Requires
Under the new law, food makers have until 2027 to eliminate more than 40 ingredients — including artificial dyes, bleached flour, and emulsifiers like DATEM — from products sold in Texas. If they don’t comply, their packaging must carry a warning that the product includes ingredients “not recommended for human consumption” in other countries. Many of the targeted additives are banned or restricted abroad.
The law applies to any new or updated packaging developed after January 1, 2027.
Industry Pushback
The Consumer Brands Association, representing major food manufacturers, criticized the legislation, warning it would lead to consumer confusion and increased costs.
“America’s food supply is safe,” said John Hewitt, the group’s senior vice president. “Ingredients used in food and beverages are thoroughly studied using science-based evaluations.”
Nonetheless, some companies have already begun phasing out controversial additives. Kraft Heinz and General Mills have pledged to remove synthetic dyes from U.S. products by 2027. Food safety advocates, including activist Vani Hari, argue the Texas law could fuel a national push for stricter ingredient standards — though she expects fierce resistance from the industry.
“This could open the door for federal standards,” Hari said. “But food companies will likely fight hard to weaken what Texas has done.”
Which Products Are Affected?
If not reformulated, products such as:
- Fanta (Coca-Cola)
- Cheetos and Doritos (PepsiCo)
- Skittles and M&Ms (Mars)
- Frosted Pop-Tarts (Kellanova)
will be required to carry warning labels in Texas.
The law could have national ripple effects, as large companies may opt to change formulas or labeling nationwide to streamline production.
Legal Challenges Expected
Legal experts predict the law will face litigation. Food companies may argue that it infringes on First Amendment rights or conflicts with federal regulatory authority.
“This law is likely to be challenged in court,” said Smitha Stansbury, an attorney at King & Spalding. Seth Mailhot of Husch Blackwell added that there is precedent for food companies to oppose state-specific labeling rules on constitutional grounds.
Industry leaders are also critical of the law’s reliance on international standards — arguing that U.S. and Texas regulators, not foreign governments, should set food policy.
Possible Federal Overrides
There are some carve-outs in the law:
- If the FDA or USDA deems a listed ingredient safe after Sept. 1, 2024, companies won’t need warning labels.
- If federal regulations are later introduced around processed food labeling, those would override Texas’ law.
Still, unless new federal action is taken or ingredients are reformulated, the warning labels will be mandatory starting in 2027 for any new packaging created after that date.
With over 31 million residents, Texas is the second-largest state by population. Regulatory changes there often influence national policy — and the food industry is now bracing for a wider battle over what’s in America’s pantry.
