Yesterday, Texas governor Greg Abbott signed into law S.B. 25, which requires food products containing any of 40+ specified ingredients to bear a warning label. This follows Texas’s enactment of S.B. 314 in late May, which prohibits Texas school districts and open-enrollment charter schools from providing free or reduced-price meals that contain any of 17+ specified ingredients. As of the date of this writing, Louisiana S.B. 14, which would impose (1) disclosure requirements for any food product sold in the state that contains specified ingredients, and (2) a ban on the use of certain ingredients in school meals, is sitting on the governor’s desk. It will become law if he signs it or takes no action by June 25. These actions are part of a larger trend of increased scrutiny of food and color additives, as we previously reported and which is a significant feature of the Make America Healthy Again (“MAHA”) Commission’s Assessment released on May 22, 2025.

Texas S.B. 25

S.B. 25 requires human food products containing any of 40+ specified ingredients to bear the following warning label: “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.” Violators may be subject to a fine not to exceed $50,000 per day for each distinct food product in violation of the requirement.

The ingredients subject to the warning label requirement are the FD&C colors (i.e., Blue Dye No. 1, Red Dye No. 40, etc.) and numerous other ingredients including bleached flour, bromated flour, azodicarbonamide, butylated hydroxyanisole (BHA), butylated hydroxytoluene (BHT), potassium bromate, and propylparaben. Although the sweeteners aspartame, sucralose, acesulfame potassium (as well as high fructose corn syrup) were listed in earlier drafts of the bill, they are not included in the bill ultimately signed into law. 

The warning requirement will apply only to food product labels “developed or copyrighted on or after January 1, 2027.” Thus, it appears that food labels in use or even just copyrighted before that date could continue to be used for extended periods of time beyond that date.

Notably, the law as passed includes an express federal preemption provision that appears to limit its impact significantly. This preemption provision states that the warning label will not be required for any of the 40+ enumerated ingredients if there is an FDA or USDA regulation that prohibits or imposes conditions on the use of the ingredient, determines the ingredient or class of ingredients is safe for human consumption, or requires a labeling statement relating to ultra-processed or processed foods (emphasis added). 

Some stakeholders have commented that this preemption provision is confusing, because most of the enumerated ingredients are in fact the subject of FDA regulations finding the ingredients to be safe for human consumption. S.B. 25 thus would impose no warning requirements for those ingredients. The preemption language was included via a recent amendment introduced by Rep. Gary VanDeaver to prevent manufacturers from having to navigate conflicting federal and state requirements. Rep. Lacey Hull, a sponsor of the bill, critiqued the amendment as effectively gutting the bill, the point of which was to address “decades of federal inaction.” VanDeaver’s amendment passed, however, by a vote of 79-48.

Texas S.B. 314

Additionally, S.B. 314 was signed into law by Governor Abbott on May 27, 2025.  That law prohibits Texas school districts and open-enrollment charter schools from providing free or reduced-price meals that contain any of 17+ specified ingredients. The prohibited ingredients are the FD&C colors Blue Dye No. 1, Blue Dye No. 2, Citrus Red Dye No. 3, Green Dye No. 3, Orange B, Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, and Yellow Dye No. 6, as well as brominated vegetable oil, potassium bromate, propylparaben, azodicarbonamide, butylated hydroxyanisole, ammonia caramel, sulfite ammonia caramel, titanium dioxide, and “any additive that is substantially similar” to one of the aforementioned ingredients.

The law is already in effect and will apply beginning with the 2026-2027 school year to contracts to provide food for free or reduced-priced meals entered into or renewed on or after September 1, 2026.

Louisiana S.B. 14

S.B. 14 has been passed by the state legislatures and is currently on the governor’s desk. Under Louisiana law, it will become enacted if he signs it or takes no action by June 25, 2025.

Ingredient Disclosure Requirements

The disclosure requirements of S.B. 14 would require human food products that contain any of 40+ specified ingredients to include a QR code that links to a web page under the control of the manufacturer. The web page must bear the following disclaimer in a prominent location: “NOTICE: This product contains [insert ingredient here]. For more information about this ingredient, including FDA approvals, click HERE.” This disclaimer must link to “FDA’s web page regarding food chemical safety,” presumably this page, though the bill doesn’t specify. 

The ingredients subject to this requirement include all of the enumerated FD&C colors (i.e., Red Dye 40, Blue Dye 1, etc.); the sweeteners acesulfame potassium, aspartame, and sucralose; and numerous other ingredients largely comparable to those subject to Texas S.B. 25. 

The law also would require foodservice establishments that cook or prepare food using seed oils to display the following disclaimer on the menu or other clearly visible location: “Some menu items may contain or be prepared using seed oils.” For purposes of this requirement, “seed oil” includes canola or rapeseed oil, corn oil, cottonseed oil, grapeseed oil, rice bran oil, safflower oil, soybean oil, and sunflower oil.

The disclosure requirements of the law would come into effect on January 1, 2028.

Ban on Certain Ingredients in School Meals

Under S.B. 14, effective beginning with the 2028-2029 school year, Louisiana public schools and nonpublic schools that receive state funds would be prohibited from serving school meals that contain any of the following 15 specified ingredients: Blue Dye No. 1, Blue Dye No. 2, Green Dye No. 3, Red Dye No. 3, Red Dye No. 40, Yellow Dye No. 5, Yellow Dye No. 6, azodicarbonamide, butylated hydroxyanisole, butylated hydroxytoluene, potassium bromate, propylparaben, acesulfame potassium, aspartame, and sucralose.

Covington will continue to monitor these activities and keep our clients and contacts updated, including regarding the ultimate status of Louisiana S.B. 14.

If you have any questions concerning the material discussed in this client alert, please contact the members of our Food, Beverage, and Dietary Supplements practice.

Photo of Miriam Guggenheim Miriam Guggenheim

Miriam Guggenheim, co-chair of Covington’s Food, Drug and Device Practice Group, assists a broad range of major food and dietary supplement companies in achieving their marketing goals while minimizing regulatory and litigation risks. She also helps clients successfully navigate crises such as recalls…

Miriam Guggenheim, co-chair of Covington’s Food, Drug and Device Practice Group, assists a broad range of major food and dietary supplement companies in achieving their marketing goals while minimizing regulatory and litigation risks. She also helps clients successfully navigate crises such as recalls and unwanted Congressional or regulatory attention. In addition to her work for individual clients, Miriam serves as outside counsel to a number of key trade associations, helping them accomplish broad industry objectives by engaging with the FDA, FTC, and Congress. Chambers USA notes, Miriam is “incredibly sharp and very responsive” and a client reports, “I rely on Miriam tremendously to help me find ways forward in difficult and novel situations, and she never fails to deliver.”

As the food industry faces new challenges – including scrutiny of ingredients and food packaging materials, concerns about heavy metals and other contaminants, attention to “ultra-processed foods,” and increasing consumer fraud litigation and Prop 65 demand letters – Miriam remains at the forefront of legislative and regulatory changes and food policy and litigation trends. She draws on this deep knowledge and insight to advise clients on all aspects of food development and marketing, from product ingredient sourcing and manufacturing considerations to food labeling and marketing. Partnering with Covington colleagues in international offices, Miriam helps clients solve regulatory problems across the globe.

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Photo of Deepti Kulkarni Deepti Kulkarni

Drawing from over a decade of experience working in both FDA’s Office of Chief Counsel and private practice, Deepti Kulkarni provides strategic advice to clients on a wide range of complex matters involving FDA and USDA regulatory oversight. She has played a key…

Drawing from over a decade of experience working in both FDA’s Office of Chief Counsel and private practice, Deepti Kulkarni provides strategic advice to clients on a wide range of complex matters involving FDA and USDA regulatory oversight. She has played a key role in the development and implementation of the regulatory frameworks for alternative proteins as well as bioengineered food and agriculture products.

Deepti advises companies developing and marketing animal products, foods, dietary supplements, and cosmetics at nearly every step of the product lifecycle. She also counsels clients on potential crises, such as product recalls, import refusals, and other regulatory actions.

Deepti previously served as an Associate Chief Counsel in the FDA’s Office of Chief Counsel. While at FDA, she counseled various components of FDA and HHS on a broad scope of issues related to animal products, foods, dietary supplements, and cosmetics, as well as cross-product matters involving imports and exports, advisory committees, and constitutional issues. Deepti received several awards during her time at the FDA, including the FDA Award of Merit (FDA’s highest award), Commissioner’s Special Recognition Award, and the CFSAN Director’s Special Citation Award.

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Photo of Jessica O'Connell Jessica O'Connell

Jessica O’Connell co-chairs Covington’s market-leading global Food, Drug, and Device Practice Group. Drawing from nearly twenty years of experience working at FDA and in private practice, Jessica provides strategic advice to a broad range of companies and trade associations in navigating regulatory frameworks…

Jessica O’Connell co-chairs Covington’s market-leading global Food, Drug, and Device Practice Group. Drawing from nearly twenty years of experience working at FDA and in private practice, Jessica provides strategic advice to a broad range of companies and trade associations in navigating regulatory frameworks and engaging with food and drug regulatory bodies and Congress. She works closely with clients to develop product strategies that are low-risk from both a regulatory and litigation perspective while also meeting marketing goals and objectives. She also regularly counsels clients regarding potential crises, such as recalls, regulator investigations, and other unanticipated regulatory attention.

Chambers USA reports that Jessica “is enthusiastic, exceptionally smart and a talented lawyer who brings tremendous insight from being a regulator” and that she “knows how best to interact with the FDA in a productive and efficient way.”

Jessica’s practice focuses on food and beverages, dietary supplements, cosmetics, and OTC drugs. She has engaged with Congress and state legislators on cosmetic and drug legislative efforts and alternative protein and other food labeling requirements, and has represented clients in both FDA and FTC investigations, including negotiating consent decrees and responding to civil investigative demands, and actively practices before the NAD. Jessica has specific expertise regarding the regulatory framework for new and emerging food technologies, including alternative protein ingredients and products and specialized nutrition products such as infant formula and medical foods, the marketing of cosmetics and OTC drugs, including sunscreens, Proposition 65, organic labeling, the federal and state legal landscapes surrounding the development and marketing of products containing CBD, and claim substantiation requirements, as well as manufacturing and supply chain requirements under FSMA and FDA’s implementation of MoCRA.

Jessica also has an active pro bono practice, with a particular focus on issues relating to reproductive rights and health care access.

Before joining Covington, Jessica served as Associate Chief Counsel in FDA’s Office of Chief Counsel. While at FDA, Jessica counseled various components of FDA and HHS on a broad range of food, cosmetic, and drug legal issues, including FDA’s implementation of FSMA, nutrition initiatives, cosmetic oversight, and FDA’s work investigating foodborne illness outbreaks and related actions, including recalls and other enforcement activities. In addition, Jessica provided legal counsel to the agency and Department regarding FDA’s import and export activities for all FDA-regulated products.

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Photo of Jeannie Perron Jeannie Perron

Jeannie Perron is a member of the firm’s Food and Drug Practice Group, resident in the Washington, DC Office.

In addition to being an attorney, Jeannie also holds a degree in veterinary medicine and has practiced as a veterinarian.  She specializes in food…

Jeannie Perron is a member of the firm’s Food and Drug Practice Group, resident in the Washington, DC Office.

In addition to being an attorney, Jeannie also holds a degree in veterinary medicine and has practiced as a veterinarian.  She specializes in food and drug law, with a sub-specialty in animal food and drug law.  In this capacity, she represents companies that manufacture feed, feed ingredients, drugs, biologics and medical devices for animals, as well as clients in related industries.

Her specialties also include advising clients and providing representation on matters before the United States Department of Agriculture arising under the Animal Welfare Act.  Her clients are animal research companies, pharmaceutical companies, and animal dealers and exhibitors.

Another specialized area of practice relates to the importation of animal-derived ingredients and products.  Jeannie advises clients on USDA regulations and procedures in this area and assists clients in securing the required permits and certifications.

In addition to these other practice areas, Jeannie also advises clients in the regulation of dietary supplements, over-the-counter drugs, cosmetics for humans, and import and export of products regulated by the United States Food and Drug Administration as well as those having animal or microbially-derived ingredients regulated by USDA. 

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Photo of Alicia Lee Alicia Lee

Alicia Lee is an associate in the firm’s Food, Drug, and Device Practice Group. She advises food and biotechnology companies on a wide range of regulatory and compliance matters. 

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