Hunton Retail Law Resource

In September 2025, a new Texas law took effect requiring food producers doing business in the state to place warning labels on products containing any of 44 specified artificial colors, chemicals, and additives.  The labeling requirement applies to products manufactured on or after January 1, 2027, after which violations may trigger penalties of up to $50,000 per day.  The law also establishes an advisory committee charged with analyzing the effects of ultra-processed foods (“UPFs”) on human health, as well as educating the public about potential health risks.

On December 5, 2025, a coalition of food and beverage manufacturers filed suit in the U.S. District Court for the Western District of Texas challenging the law.  The complaint argues that the law’s labeling requirements are preempted by the U.S. Food and Drug Administration’s existing federal labeling regime.  It further contends that the statute is unconstitutionally vague, violates the dormant Commerce Clause, and impermissibly compels speech in violation of the First Amendment.

This is not the first Texas measure aimed at curbing the use or consumption of “harmful” food and beverage products.  A first-of-its-kind law will prohibit the use of Supplemental Nutrition Assistance Program (“SNAP”) benefits to purchase certain food items, including soda, candy, chips, cookies, sweetened beverages, and energy drinks.  The law received federal approval earlier this year, and it set to take effect on April 1, 2026.

As states continue to explore new regulatory approaches to ultra-processed foods – including labeling mandates, ingredient restrictions, and limits on public-benefit uses – like California, Texas has emerged as a testing ground for legal and policy challenges likely to shape the national landscape.  We will continue to monitor the litigation surrounding this law and track related UPF-focused legislation and rulemaking efforts across the country.