Background
As temperatures have heated up this summer, so has the pace of new state food policies. Over the past several weeks, there has been an uptick in the promulgation of bans on food additives and laws aimed at increasing transparency. Across the country, states are enacting legislation with requirements for ultra-processed foods, seed oils, and plastic packaging, among others. While the federal “Make America Healthy Again” program has gained significant media attention, state activity has flown more under the radar but is similarly impactful on stakeholders.
In recent years, states like California and New York moved to ban certain synthetic dyes and additives from food, but a recent spur of legislative activity in more traditionally politically conservative states has caught some by surprise. The movement has gained traction in states that did not previously emphasize expanding their food regulatory requirements, as legislators in these states have noted mounting concern for their constituents’ health. In Utah, Virginia, West Virginia, and Arizona, the focus has been on removing additives from school meals. In a similar vein, Texas and Louisiana enacted laws enhancing labeling requirements, while Minnesota is considering adopting the same.
Texas
On June 22, 2025, Governor Greg Abbott signed Senate Bill 25, a law requiring food manufacturers to add a warning label to products that include any of forty-four ingredients. The list of substances covered by the law includes synthetic red and yellow dyes, bleached flour, and certain soybean and palm oils, among others. Many are food dyes and additives that are banned in other countries but permitted in the United States. The required label must read: “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.” All foods manufactured on or after January 1, 2027 that contain any of the identified ingredients and sold in Texas will be required to prominently display the label, regardless of where the food is produced. The Texas law, however, includes a preemption clause for any U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA) labeling regulations that conflict with it, making the eventual impact of the law less clear.
Louisiana
Turning to Louisiana, legislators in the state are hoping that a new law signed by Governor Jeff Landry, also in June, will better arm consumers with information about what is in their food and will make school meals healthier. The law, Senate Bill 14, has three major components. First, it bans fifteen additives from being served by schools receiving state funding, including a range of synthetic dyes, preservatives, and artificial sweeteners like sucralose and aspartame. Next, the law requires QR codes on food packaging and restaurant menus linking to a disclosure statement and information about artificial ingredients and additives. The notice is less extreme than the Texas warning, but unlike the Texas law, there is no FDA or USDA preemption provision, making applicability more certain. The final aspect of the law will impact labeling in the restaurant space, requiring disclosure of the use of certain seed oils like canola, corn, and safflower to customers.
Minnesota
Earlier this year, Minnesota lawmakers introduced a bill that, if adopted, would alert consumers in the state to the levels of phthalates, a type of plasticizer, in packaged food. This law would be the first of its kind in the United States. Any packaged food sold in the state would require testing every two years to determine the amount of phthalates present, followed by a QR code on the package informing consumers of phthalate levels found in the product. While not as sweeping as Texas’s and Louisiana’s laws, if passed, the legislation would signal a continuing trend toward increased disclosure to consumers, with other states potentially following suit.
Utah
Governor Spencer Cox signed House Bill 402 this past March. With the start of the 2026-2027 school year, Utah public schools will no longer be allowed to sell food that contains preservatives potassium bromate and/or propylparaben, as well as seven common food dyes. The banned dyes are Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6.
Virginia
In another of the first states to tackle school meal contents, Governor Glenn Youngkin signed House Bill 1910 into law this past March banning dyes from being included in any foods offered at schools or in school meals. The law bans the same seven dyes as Utah from public school meals effective July 1, 2025.
West Virginia
Just days after Virginia, Governor Patrick Morrisey of West Virginia similarly moved to ban the same dyes as unsafe additives, signing House Bill 2354 into law. The law prohibits the dyes from being included in school meals starting August 1, 2025. Beyond public school meals, significantly, the law requires that the same dyes, as well as certain preservatives, be removed from any food sold statewide by the start of 2028.
Arizona
In April, Governor Katie Hobbs signed House Bill 2164 into law, banning a handful of ultra-processed foods from being offered at schools. The list of ultra-processed foods includes certain preservatives, titanium dioxide, brominated vegetable oil, and seven common food dyes.
Summer associate Nicole Frankel contributed to this alert.
