Texas Issues Proposed Rule on SB25 Ingredient Warning Labeling Law

Background: Texas SB 25 Statutory Requirements

Texas SB 25, enacted in June 2025, imposes a warning requirement for a list of 44 ingredients including certain color additives (e.g., Blue 1 & 2, Green 3, Red 3, 4, & 40, Yellow 5 & 6, titanium dioxide), certain preservatives (e.g., BHA, propylparaben), certain emulsifiers (e.g., DATEM), lye, and bleached flour, among others. The warning requirement applies to food product labels “developed or copyrighted” on or after January 1, 2027. The statute requires the warning to:

• be printed in a font size “not smaller than the smallest font used to disclose other consumer information required by [FDA];”
• be placed in a “prominent and reasonably visible location;” and
• have “sufficiently high contrast with the immediate background to ensure the warning is likely to be seen and understood by the ordinary individual under customary conditions of purchase and use.”³

SB 25 also includes a preemption clause that would invalidate the warning requirement in the event a federal law, or an FDA or USDA regulation (1) addresses one of the listed ingredients and prohibits, imposes conditions on, or determines that it is safe for human consumption, or (2) imposes a mandated warning statement on processed or ultra-processed foods. The statute also includes a number of exemptions, including for USDA-regulated products; dietary supplements; and foods prepared, served, or sold in restaurants and retail establishments.

Key Provisions in the Proposed Rule

Using language that mirrors the text of SB 25 outlined above, the proposed rule would implement parameters for the type size and placement of the warning statement.

With respect to the preemption provision, the proposed rule differs from the statutory language and raises a number of important interpretational questions. The proposed rule states that the warning requirement:

do[es] not apply to an ingredient, including a food additive and color additive, if a federal law or a regulation issued by [FDA] or USDA: (1) prohibits the use of the ingredient; (2) sets conditions for using the ingredient, such as needing a warning or disclosure statement; (3) says an ingredient or group of ingredients is safe for people to eat; or (4) requires a labeling statement for foods that are ultraprocessed or processed.

Additionally, the proposed rule would clarify that food manufacturers and retailers who sell products with covered ingredients via the internet must comply with the warning label requirement via one of the below options:

• Posting a “legible statement on the manufacturer’s or retailer’s website on which the product is offered for sale;”
• Posting pictures of the “entire food product label, including the warning label on the website;” or
• Providing the information in other ways to the consumer.

In interpreting the compliance date, which applies to food labels “developed or copyrighted on or after January 1, 2027,” the proposed rule would clarify that this includes “any change to a food product label on or after January 1, 2027.” The preamble to the proposed rule states that “costs to businesses will only occur if labels are developed or copyrighted on or after January 1, 2027” and that “if labels are never changed, businesses are not required to comply.” Notably, the preamble asserts that a business that chooses to no longer continue using any of the covered ingredients would not incur any additional costs.

Next Steps

Comments are due October 27, 2025. Written comments on the proposal, including information related to the cost, benefit, or effect of the proposed rule, as well as any applicable data, research, or analysis, may be submitted to the Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4601 West Guadalupe Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.

Hogan Lovells is available to assist with comments as needed. We will continue to monitor regulatory and legislative developments on food ingredients and color additives. Please contact us if you have any questions.

Authored by Veronica Colas and Chigozie Akah.