Texas Governor Abbot backs warning labels for synthetic colors in foods

Texas Governor Greg Abbott has signed into law a bill that will require warning labels on products containing synthetic colors or “banned” additives.

The Senate Bill 25 (SB 25) bill requires the placement of a warning on food labels copyrighted on or after January 1, 2027, if one or more of 44 specific food colors and additives are used and declared as food ingredients.

The signing of the bill comes as the F&B industry faces mounting pressure to drop synthetic food colors and other additives from formulations quickly as Robert F. Kennedy Jr’s “Make America Healthy Again” campaign gathers pace.

The synthetic color additive, Red dye No.3, which has historically been used in formulations to give F&B products a bright cherry-red color, will no longer be allowed in US food or ingested drugs from January 15, 2027. Many manufacturers and brands are reformulating recipes to eliminate the ingredient.

In April, the US Health and Human Services and US Food and Drug Administration announced plans to phase out petroleum-based synthetic dyes in the US food supply chain.

Disclosing additives 

SB 25 requires the disclosure of a multitude of additives if the FDA requires the ingredient to be named on the label and the ingredient is used in a product that is intended for human consumption.

Food companies must phase out more than 40 ingredients, including artificial dyes and bleached flour, from their products sold in Texas by 2027. Otherwise, businesses will be forced to include a label on new packaging warning the product contains ingredients “not recommended for human consumption” by other countries. 

Some of those listed include, anisole, azodicarbonamide, butylated hydroxyanisole, bleached flour, Blue Dye No. 1, Blue Dye No. 2, calcium bromate, dimethylamylamine, partially hydrogenated oil, potassium aluminum sulfate, Propylparaben, Red Dye No. 3, Red Dye No. 4, synthetic trans fatty acid, and more. 

Industry pushback

Several industry groups are understood to be poised to challenge SB 25’s warning label requirement between now and January 2027.

If the FDA takes certain actions, parts of SB 25 might not apply. Meanwhile, many industry stakeholders must assess the bill’s impact and discuss how they will address it if it remains intact and in effect in January 2027.