Texas Gov. Greg Abbott has yet to indicate whether he plans to sign the bill.
The FDA redefines foods that can be labeled “healthy”
Foods need to contain certain ingredients and limit certain restrictions to sell sugar, saturated fats and sodium as “healthy.”
Scripps News
A bipartisan bill from Texas awaiting Gov. Greg Abbott’s signature could change food and drink packaging as we know nationwide.
Texas Senate Bill 25 passed unanimously in the state Senate before it was transferred to Abbott’s desk on June 1st. Among the Nutrition and Health Education provisions, one of the proposed regulations requires food and drink packaging to include warnings about ingredients that are “not recommended for human consumption.”
The commonly used ingredients listed in the bill are legal to use in the US, but most are subject to some ban or stricter regulations in other countries.
State Senator Lacey Hull told Bloomberg that Robert F. Kennedy Jr., secretary to the Department of Health and Human Services, called her to express her support for the bill. “Chief Kennedy encourages the state to promote healthy practices and increase transparency in food labeling consumers. Americans deserve to know what food is about so that they can make informed choices for themselves and their families,” HHS spokesperson Emily G. Hilliard said in an email.
The bill managed to reach a controversial political aisle, but it is universally unpopular. “The ingredients used in US food supplies are safe and are rigorously studied according to objective science and risk-based assessment processes,” said John Hewitt, Senior Vice President of State Affairs for the Consumer Brands Association.
Gov. Abbott has yet to indicate whether he plans to sign the bill. In a statement to USA Today on Tuesday, June 3rd, spokesman for Andrew Mahaleris said:
What about the Texas Senate Bill 25 Food Label?
Texas Senate Bill 25 requires that certain warning labels be placed on products aimed at human consumption when using certain ingredients such as bleaching powders, food dyes, sweeteners, oils, and preservatives. As Bloomberg reported, manufacturers generally aim for uniformity and efficiency, they often expand the practices adopted to comply with state laws around the country. This means that this change could have a massive impact on the packaged food industry.
The bill requires that a warning label be displayed prominently if the product contains any of the 44 listed ingredients. Most of them have some form of ban, warning, or regulation in other Western countries, despite being legal in the United States.
Manufacturers, and in some cases retailers, should also post similar statements on the websites on which the applicable products are sold.
This requirement does not apply to products that are not intended for human consumption. Food prepared, served and sold in restaurants and retail stores. Drugs or dietary supplements; or agricultural products in which pesticides or other chemicals are used for production, storage, or transport.
Regulations set by federal agencies such as the USDA (USDA) Food Safety and Inspection Services (FSIS), Food and Drug Administration (FDA), or Surgeon General will override these state-level regulations. Products that are already supervised or required to supervise or utilize a particular label by these agencies do not require additional warnings. The FDA also considers materials safe or establishes new guidelines for use, as well as exempts from labeling.
Which ingredients are listed in the bill?
- Acetylated esters of mono and diglycerides (acetic acid esters)
- Anisole
- Azodicarbonamide (ADA)
- Butylated hydroxyanisol (BHA)
- Butylated hydroxytoluene (BHT)
- Bleached powder
- Blue 1 (CAS 3844-45-9)
- Blue 2 (CAS 860-22-0)
- Bromine powder
- Calcium Bromate
- Cantaxin
- Food colours certified by the US Food and Drug Administration
- Citrus Red 2 (CAS 6358-53-8)
- Diacetyl
- Diacetyl tartaric acid and fatty acid esters of mono and diglycerides (datem)
- Dimethylamylamine (DMAA)
- Dioctylsodium Sulfocodinate (DSS)
- more
- Green 3 (CAS 2353-45-9)
- Interesting palm oil
- Interesting soy oil
- Lactylated fatty acid esters of glycerol and propylene glycol
- Ash
- Morpholine
- Orestra
- Partially hydrogenated oil (PHO)
- Potassium sulfate
- Potassium Bromate
- Potassium iodide
- Propylene oxide
- Propylparaben
- Red 3 (CAS 16423-68-0)
- Red 4 (CAS 4548-53-2)
- Red 40 (CAS 25956-17-6)
- Sodium sulfate
- Sodium lauryl sulfate
- fumarate sodium
- Tarlate Stearyl
- Synthetic Trans Fatty Acids
- Thioacid acid
- Titanium dioxide
- toluene
- Yellow 5 (CAS 1934-21-0)
- Yellow 6 (CAS 2783-94-0)
Which foods can it affect?
Any type of packaged and processed foods could be affected by the bill. Once that passes, consumers will begin to see warnings for labels that have been developed and copyrighted since 2027.
Chips, candies and snack products such as Doritos, Frills, Ray flavored chips, Microwave popcorn, M&MS, Sourpatch Kids, Skittles, and more should be labeled along with cereals such as flute loops and capn crunch. Sweets like Twinkie and Hostess snack cakes and packaged cookies like Oreo and chips! It contains problematic ingredients, from frozen dinners to instant noodles, some breads, processed meats like sausages and hot dogs.
Drinks like Mountain Dew, Gatorade, Capri Sun, Hawaiian Punch, and Juicy Juice are also affected.
RFK Jr. promotes ingredient reviews and strict regulations
In April, the FDA and RFK announced plans to “phase out” petroleum-based synthetic dyes previously permitted under FDA regulations from US food and drug supplies by the end of 2026.
No formal agreements or laws officially banned substances. Instead, HHS and the FDA have a “mutual understanding” with the food industry, which says Kennedy, that dyes are gradually removed.
At a press conference on April 22, FDA Commissioner Marty McCurry said the agency intends to revoke approvals for several dyes and work with industry leaders to replace petrochemical dyes with “natural.” A press statement released by the FDA also said it plans to establish “national standards and timelines for the transition from petrochemical-based dyes to natural alternatives.”
The FDA has approved four new natural color additives, and, according to its statement, will promote more approvals. The agency will also partner with the National Institutes of Health to investigate the impact of food additives on children’s health and development.
