What’s in Your Food? Texas Takes a Bold Step Toward Food Transparency

Here’s what the new disclosure law means for consumers and manufacturers.

On September 1, 2025, Texas implemented a swath of new laws, including one with the potential to be one of the most significant food labeling laws in the country. As a part of Senate Bill 25, the Texas legislature amended the state Health and Safety Code, adding Sections 431.0815 through 431.0817. 

The heart of the matter lies in Section 431.0815, which dictates that food manufacturers selling products in Texas must disclose the presence of certain artificial colors, additives, and chemicals – many of which are banned or restricted in countries like Australia, Canada, the EU, and the UK.  Any food product containing one or more of 44 specified ingredients must carry a clear warning label. These ingredients include:

Artificial Colors & Dyes

• Blue 1 (CAS 3844-45-9)
• Blue 2 (CAS 860-22-0)
• Green 3 (CAS 2353-45-9)
• Red 3 (CAS 16423-68-0)
• Red 4 (CAS 4548-53-2)
• Red 40 (CAS 25956-17-6)
• Yellow 5 (CAS 1934-21-0)
• Yellow 6 (CAS 2783-94-0)
• Citrus Red 2 (CAS 6358-53-8)
• Canthaxanthin
• Certified food colors by the United States Food and Drug Administration

Preservatives & Antioxidants

• Butylated hydroxyanisole (BHA)
• Butylated hydroxytoluene (BHT)
• Propylparaben
• Thiodipropionic acid
   

Emulsifiers & Texture Agents

• Acetylated esters of mono- and diglycerides (acetic acid ester)
• Diacetyl tartaric and fatty acid esters of mono- and diglycerides (DATEM)
• Lactylated fatty acid esters of glycerol and propylene glycol
• Sodium stearyl fumarate
• Stearyl tartrate
• Sodium lauryl sulfate
• Dioctyl sodium sulfosuccinate (DSS)
   

Synthetic Fats & Oils

• Olestra
• Synthetic trans fatty acid
• Partially hydrogenated oil (PHO)
• Interesterified palm oil
• Interesterified soybean oil
   

Bleaching & Flour Agents

• Bleached flour
• Bromated flour
• Calcium bromate
• Potassium bromate
   

Chemical Additives & Solvents

• Azodicarbonamide (ADA)
• Propylene oxide
• Toluene
• Morpholine
• Dimethylamylamine (DMAA)
• Anisole
• Lye
   

Enzymes & Biological Agents

• Ficin
   

Mineral Salts & Stabilizers

• Potassium aluminum sulfate
• Potassium iodate
• Sodium aluminum sulfate

If a product contains any of these, the label must state:
“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.”

This warning must be prominently displayed, with high contrast and legible font – it cannot be buried in the fine print.

Online Disclosure Requirements

Section 431.0815 is not limited in scope to solely physical packaging.  Manufacturers and retailers must also disclose the same warning on their websites if the product is sold online. This ensures that consumers shopping digitally receive the same level of transparency as those browsing store shelves.

What’s Exempt?

Not all food items are subject to the new rule. Exemptions include:

• Foods served in restaurants or retail establishments
• Products regulated by the USDA’s Food Safety and Inspection Service
• Drugs, dietary supplements, and agricultural chemicals
• Items not intended for human consumption

This means your grocery store’s deli or your favorite fast-food meal won’t necessarily carry these warnings, even if they contain the listed ingredients.

Enforcement and Penalties

Section 431.0816 empowers the Texas Attorney General to enforce the law. Violations can result in:

• Civil penalties of up to $50,000 per day per product
• Court orders for reimbursement of investigative costs
   

Federal Preemption Clause

Notably, Section 431.0817 includes a federal preemption clause. If the FDA or USDA enacts a regulation which addresses any of the listed ingredients – whether that be banning them, requiring warnings, or declaring them safe – Texas will defer to the federal standard.

Why It Matters

Increased transparency while shopping empowers consumers to make informed choices and gives brands the opportunity to differentiate themselves from their competitors.  Texas’s new disclosure law reflects growing public concern over processed foods and chemical additives. 

While Texas may be at the forefront of consumer transparency initiatives, they are not alone. Louisiana’s SB 14 requires digital disclosure of more than 40 additives, and bans certain ones in school meals. West Virginia has advanced laws eliminating many synthetic dyes and preservatives from foods sold or served in schools. California, Virginia and Utah are also moving forward with bills targeting ultra-processed foods and additives, and a growing number of states (including Maryland, Missouri, New Jersey, New York and Pennsylvania) have proposed legislation to restrict or disclose specific food additives.

This flurry of state-level activity suggests that Texas may be the first of a wave of states stepping up their food-transparency measures.