- On February 20, 2026, the Texas Department of State Health Services (DSHS) finalized rules for the implementation of SB 25, a bill which requires food manufacturers to provide conspicuous warnings for 44 listed food ingredients, warning that those ingredients are “not recommended for human consumption.” The rules were published days after the U.S. District Court for the Western District of Texas granted a preliminary injunction preventing SB 25 enforcement (see previous blog post). Texas Attorney General Ken Paxton has since appealed.
- The rules appear to offer some relief for food manufacturers from the warning requirements. DSHS determined that including explicit reference to federal preemption in the rules was unnecessary, but stated that it “also determined ingredients considered generally recognized as safe [GRAS] or determined to be safe by the FDA or USDA are not subject to the rule requirements.” Most of the additives listed in SB 25 have already been authorized by FDA as approved color or food additives or as GRAS substances.
- However, DSHS has suggested that it could interpret the rule to apply to all certified colors, including FD&C colors listed separately in the ingredient list. Because the preamble contains conflicting language, and no clarifying enforcement guidance has been issued, it remains uncertain whether certified colors will ultimately be treated as subject to the warning label requirement.
- For online retailers selling products affected by the Texas labeling requirements, DSHS also clarified that the requirement can be satisfied by posting a photo of the panel containing the warning label.
- Food distributors and wholesalers who do not manufacture food, food made in-store at retail establishments, and infant formula and medical foods will be exempt from warning requirements.
- These finalized rules will be unenforceable while litigation is ongoing. Keller and Heckman will continue to monitor developments in this case.
