Popular snacks such as Skittles, M&M’s and Doritos, and soft drinks like Mountain Dew could soon be labeled “not recommended for human consumption” if lawmakers in Texas have their way.
The Lone Star State’s GOP-dominated legislature is moving forward with a bill that would require warning labels on foods sold in the state if they contain ingredients banned or restricted in other countries.
The legislation, known as Senate Bill 25, is drawing national attention for targeting well-known snack items that include food dyes prohibited or flagged in regions such as the European Union.
While these substances are legal in the US, some have been banned or tightly regulated elsewhere due to health concerns.
The proposed measure mandates that starting in 2027, manufacturers add clear labels that say,: “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.”.
Supporters of the legislation include Health and Human Services Secretary Robert F. Kennedy Jr., who has made food labeling and ingredient transparency central to his “Make America Healthy Again” initiative.
“We are committed to protecting public health by ensuring families know what’s in their food,” Kennedy has said.
Under Texas law, Abbott has 20 days following the end of the legislative session — which concluded Monday — to sign the measure.
A spokesperson for Texas Gov. Greg Abbott said he would carefully review the bill.
“Gov. Abbott will continue to work with the legislature to ensure Texans have access to healthy foods to care for themselves and their families,” press secretary Andrew Mahaleris told Bloomberg News.
The bill calls for the warning labels to be printed in a font size at least as large as the smallest type used for existing FDA-required information.
The labels must also be placed in a location that is easy to see and designed with enough contrast to stand out on the packaging.
A number of major food companies and retail giants, including PepsiCo, Mondelez, Coca-Cola, Conagra Brands and Walmart, expressed concern in a letter to Texas legislators dated May 19.
In the letter, they called on lawmakers to reconsider the bill’s scope and potential implications for everyday consumer products.
“As currently written, the food labeling provision in this bill casts an incredibly wide net — triggering warning labels on everyday grocery items based on assertions that foreign governments have banned such items, rather than on standards established by Texas regulators or by the US Food and Drug Administration,” the letter stated.
Walmart, which was listed among the signatories, said it is closely following legislative developments that may impact its business and deferred further comment to the Texas Retailers Association.
“Texas retailers and our members including Walmart worked hard on this bill, made some changes, and we’ll see how it develops over the next 20 days,” said Gary Huddleston, a grocery industry consultant with the association.
Representatives for the companies named in the letter were not immediately available for comment.
Other industry-based critics of the bill also argued that it imposes burdensome regulations and could result in consumer confusion.
A coalition of food manufacturers and distributors sent a letter to the Texas legislature asking them to reconsider the warning label provision.
“As currently written, the food labeling provision in this bill casts an incredibly wide net — triggering warning labels on everyday grocery items based on assertions that foreign governments have banned such items,” the letter read.
John Hewitt, a senior vice president with the Consumer Brands Association, has urged Abbott to veto the bill.
“The ingredients used in the US food supply are safe and have been rigorously studied following an objective science- and risk-based evaluation process,” Hewitt said in a statement.
“The labeling requirements of SB 25 mandate inaccurate warning language, create legal risks for brands and drive consumer confusion and higher costs.”
