‘Not Fit for Human Consumption’: Texas Could Require Warning Labels on Popular Snack Foods

Doritos, Froot Loops, M&Ms, Oreo cookies, Skittles, Gatorade, Mountain Dew, and other popular snack foods and beverages may soon be required to carry warning labels in Texas.

by Michael Nevradakis, Ph.D.

Doritos, Froot Loops, M&Ms, Oreo cookies, Skittles, Gatorade, Mountain Dew and other popular snack foods and beverages may soon have to carry warning labels in Texas, if a “landmark bill,” supported by U.S. Secretary of Health and Human Services (HHS) Robert F. Kennedy Jr., is signed into law.

Senate Bill 25 would require some foods and beverages sold in Texas to state that they are “not recommended for human consumption” if they contain ingredients that are banned or required to carry warning labels in the European Union, United Kingdom, Australia or Canada.

The bill names 44 ingredients, including synthetic dyes, partially hydrogenated oils, bleached flour, and some seed oils and preservatives identified as contributing to the chronic disease epidemic in the U.S. by triggering increases in cardiac disease, diabetes, obesity, cancer and other conditions.

Under the bill, which has bipartisan support, the labeling requirement would take effect in 2027. It would empower the Texas Attorney General’s Office to fine violators $50,000 per day per product plus reimbursement of enforcement costs.

The bill also creates a Texas Nutrition Advisory Committee, increases physical education requirements in schools, requires schools and universities to develop courses in nutrition education, and requires health professionals to take continuing education courses in nutrition and metabolic health.

The Texas Senate unanimously passed the legislation, also known as the “Make Texas Healthy Again” bill, on March 12. The Texas House of Representatives passed the bill May 26. Scripps News reported that Gov. Greg Abbott (R) has until June 22 to sign it.

In a statement provided to The Defender, Andrew Mahaleris, Abbott’s press secretary, did not clarify whether Abbott plans to sign the bill into law.

“Governor Abbott will continue to work with the legislature to ensure Texans have access to healthy foods to care for themselves and their families. More than 1,000 pieces of legislation have been sent to Governor Abbott’s desk and he is closely reviewing them all.”

‘First major food labeling bill in decades’

According to The Texas Tribune, this is the nation’s “first major food labeling bill in decades.” Newsweek reported that the bill, if passed, may potentially reshape food standards nationally, “as companies often choose to implement changes mandated by major states nationwide to avoid regulatory overlap.”

State Sen. Lois Kolkhorst (R) said Kennedy supports the bill. “I am proud of the work we have done with the encouragement of Health and Human Services Secretary Robert F. Kennedy, Jr., who personally called me and urged the passage of Senate Bill 25,” Kolkhorst told The Texas Tribune.

An HHS spokesperson told NewsNation, “Secretary Kennedy encourages states to promote healthy practices and enhance consumer transparency in food labelling. … Americans deserve to know what’s in their food, so they can make informed choices for themselves and their families.”

Calley Means, a key adviser to Kennedy who has advocated for safer food ingredients and raised awareness of the health risks associated with ultraprocessed foods, provided testimony in favor of the bill in February.

According to Fortune, passage of the law “would notch a victory for Kennedy’s Make America Healthy Again (MAHA) movement.”

Kendall Mackintosh, a board-certified nutrition specialist and member of the “MAHA Moms” movement, said the legislation “is a much-needed and long-overdue step forward.”

“For too long, Americans have unknowingly consumed ingredients that are banned in other countries due to proven health risks. It’s encouraging to see Texas lead with legislation that prioritizes transparency, consumer protection and public health,” Mackintosh said.

The bill, and its bipartisan support, demonstrate the MAHA movement’s momentum at the state level, Mackintosh said.

“This bill is a clear example of the MAHA movement in action. State-level momentum like this can accelerate national reform and show the public that these policies are not partisan, they’re just common sense.”

‘These companies profit from ultraprocessed, artificially enhanced products’

Big Food and major retailers opposed the proposed legislation and lobbied Texas lawmakers to water down the bill.

A May 19 letter co-signed by over 60 companies, including General Mills, PepsiCo and Walmart, criticized the bill, arguing that it “casts an incredibly wide net” and would adversely affect their employees and Texas consumers.

According to The Texas Tribune, “alarmed” executives from major food manufacturers and retailers also traveled recently to the Texas state capitol in Austin to lobby legislators.

John Hewitt, senior vice president of state affairs at the Consumer Brands Association, told Fortune, “The ingredients used in the U.S. food supply are safe and have been rigorously studied following an objective science and risk-based evaluation process.” Hewitt said the legislation creates “legal risks for brands” and will lead to “consumer confusion and higher costs.”

The companies’ lobbying efforts were partially successful. The Texas Tribune reported that artificial sweeteners, including high fructose corn syrup and aspartame, were removed from the bill following “pushback from the food industry.”

“Their pushback is predictable and telling,” Mackintosh said. “These companies profit from ultraprocessed, artificially enhanced products. Warning labels threaten their business model. It’s not about consumer confusion, it’s about protecting the bottom line.”

The legislation also contains potential loopholes. According to The Texas Tribune, while the law would take effect on Jan. 1, 2027, it would apply only “to a food product label developed or copyrighted on or after” that date. Existing packaging could remain as is “for another decade.”

Food safety advocates have long argued that the U.S. Food and Drug Administration’s (FDA) procedures for regulating ingredients and chemicals in the food supply are lacking, partly because food manufacturers are allowed to self-certify the safety of many ingredients under the FDA’s “Generally Recognized as Safe” (GRAS) certification process.

According to Fortune, “Kennedy has advocated for greater scrutiny of the GRAS framework,” while New York is considering legislation to require the disclosure of evidence for products with GRAS certification.

Jura Liaukonyte, Ph.D., a professor of marketing and applied economics at Cornell University’s SC Johnson College of Business, told Fortune that food manufacturers are concerned that the Texas legislation, if passed, would highlight differences in food safety regulations between the U.S. and other countries.

“There is a very different principle of how food and cosmetics safety is regulated in [the European Union] and in the U.S.,” Liaukonyte said.

Nutritionist, author and radio show host Gary Null, Ph.D., said that the proposed legislation, while “long overdue,” does not address public perception.

“We have yet to look at that side of the equation and cast concerns about who caused this,” Null said.

Citing declines in tobacco use after labeling laws were implemented, Null said significant numbers of people switched to other unhealthy alternatives and suggested that the same could occur with food labeling laws.

There are also concerns that state labeling laws can be preempted by federal laws.

In April 2014, Vermont became the first state in the U.S. to enact a mandatory genetically modified organism (GMO) labeling law, requiring food products sold in Vermont to be labeled if they contained genetically modified ingredients.

However, in July 2015, under pressure from industry lobbyists, Congress passed a federal law that nullified Vermont’s requirement for clear GMO labels and replaced it with a watered-down version that allowed QR codes, instead of labels.

Legislation may have ‘ripple effect’ nationally

According to The Texas Tribune, legislation passed in Texas can have a national impact — and the Trump administration is aware of this.

“As the nation’s second largest state, both in size and population, any change in food regulation no matter how small, is expected to have a ripple effect elsewhere,” The Texas Tribune reported, highlighting similar effects that laws from another large state, California, have had nationally in the past.

“If enough states like Texas act, I truly believe the federal regulatory agencies will take action to make our foods healthier and more additive-free,” Kolkhorst told Scripps News.

Mackintosh said Texas’ efforts mirror attempts made to raise awareness of the harms of cigarette smoking.

“This mirrors early tobacco labeling efforts. Both faced industry resistance, but the common thread is simple: consumers deserve to know the risks to their health. Just like tobacco, these additives and dyes have a long history of harm, especially to children,” Mackintosh said.

The proposed bill comes amid a flurry of activity at the federal and state levels to address potentially harmful food additives.

In April, HHS and the FDA announced that all petroleum-based synthetic dies will be phased out from U.S. foods and medications.

Last month, the FDA approved three natural food dyes as part of the push to remove artificial dyes from the food supply and announced it would tighten its review process for chemicals in food.

In April, Texas Attorney General Ken Paxton launched an investigation against Kellogg for potential violations of the state’s consumer protection laws. Paxton alleges that cereals Kellogg claims are “healthy,” often contain artificial dyes and may cause obesity, cancer and other health issues.

“There will be accountability for any company, including Kellogg, that unlawfully makes misrepresentations about its food and contributes to a broken health system that has made Americans less healthy,” Paxton said at the time.

Last year, California banned Froot Loops from school meals over concerns about artificial dyes.

Related articles in The Defender

• RFK Jr.: MAHA Report a ‘Clarion Call’ to End the Chronic Disease Epidemic

• FDA to Tighten Review Process for Chemicals in Food

• FDA Approves 3 Natural Food Dyes in Move to Phase Out Toxic Synthetics

• ‘Always Listen to the Mom’: U.S. to Phase Out Artificial Dyes Used in Food Products

• ‘True Corruption’: Agency Capture Responsible for Chronic Disease Epidemic in U.S.

• ‘An Act of War’: Big Food Intentionally Addicting Kids to Toxic Foods