As the Trump Administration considers what actions to take in response to its May 22, 2025 Make Our Children Healthy Again (MAHA) Assessment, state legislatures are taking action to regulate what they consider “ultra-processed foods” (UPFs), including certain ingredients.
These legislative actions are taking a variety of forms, including restrictions in federal nutrition assistance programs (eg, subsidized school meals, SNAP), labeling requirements (eg, warnings, disclosures), and outright bans.
Two state bills that will impact manufactured food companies and their suppliers have recently been signed into law. Texas enacted sweeping legislation, requiring warnings on food products containing any of 44 listed food additives. Louisiana also enacted a law imposing food-ingredient restrictions in school meal programs, disclosure requirements for 44 listed food additives for manufactured foods, and disclosure requirements for 8 listed seed oils food-service establishments.
These state initiatives reflect a growing trend toward local oversight of food composition and labeling, presenting significant compliance challenges for the food industry.
Texas law
On June 22, 2025, Texas Governor Greg Abbott signed Senate Bill 25 into law, requiring, among other things, food manufacturers to ensure that each human food product offered for sale in Texas includes a warning label disclosing the use of 44 food ingredients – if the US Food and Drug Administration (FDA) requires the ingredient to be named on the food label.
The statute applies to food products intended for human consumption sold in Texas, regardless of where it was manufactured or to whom it is ultimately sold. Its reach extends beyond the product label and includes any website that offers these products for sale in Texas, either on the manufacturer’s website or by a retailer “to the extent the manufacturer provides the information required…to a retailer.”
Accordingly, any product sold in Texas formulated with a listed substance – which includes preservatives such as butylated hydroxytoluene (BHT), ingredients such as bleached flour, and synthetic coloring agents, among others – is required to display the label warning with the following statement:
“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.”
To ensure that this warning is conspicuous, the law prescribes a minimum font size and requires high contrast between the warning language and the background on which it appears. This law applies only to food product labels that are “developed or copyrighted on or after January 1, 2027.”
The law carves out certain exceptions, including exceptions for food labeled, prepared, served, or sold in a restaurant; food labeled, prepared, or served in a retail establishment; for products regulated by the US Department of Agriculture’s Food Safety and Inspection Service; food not intended for human consumption; products labeled with a Surgeon General’s warning; and dietary supplements.
The Texas law also contains a preemption provision that will take effect if a federal law or regulation bans, regulates, declares “safe,” or requires nationwide labeling for that ingredient. Additionally, the law emphasizes that it does not create a private right of action; instead, enforcement rests with the state’s Attorney General. Enforcement powers allow the Attorney General to bring an action for an injunction and to request civil penalties up to $50,000 per day for “each distinct food product” found in violation. The court could also order the offending manufacturer to reimburse the state for the cost of investigating and bringing the enforcement action.
The legislation requires the Texas Health and Human Services Commission issue rules to implement these requirements by December 31, 2025.
Louisiana law
On June 25, 2025, Louisiana Governor Jeff Landry signed Senate Bill 14, a comprehensive law which, among other things, bans 15 ingredients in school meals, requires the disclosure of 44 ingredients on food products offered for sale in Louisiana, and calls for a disclaimer when foods served in food service establishments contain or were cooked using one or more of 8 listed seed oils.
Starting with the 2028–2029 school year, all public and state-funded nonpublic schools are prohibited from serving foods or beverages containing 15 specified artificial dyes and chemicals, including Blue 1 and 2, Green 3, Red 3 and 40, Yellow 5 and 6, BHA, BHT, potassium bromate, propylparaben, acesulfame potassium, aspartame, and sucralose. These restrictions do not apply to concession stands or vending machines. In addition, public schools are required to prioritize purchasing Louisiana-produced foods when possible.
Beginning on January 1, 2028, according to the law, food manufacturers selling products in Louisiana containing one or more of the 44 listed artificial colors, additives, or chemicals must include a QR code on product labels that links to a manufacturer-controlled webpage. The webpage must include the following disclaimer:
“NOTICE: This product contains [insert ingredient here]. For more information about this ingredient, including FDA approvals, click HERE."
The law requires disclaimers to link to FDA’s webpage on food chemical safety information. The disclosure requirement does not apply to drugs, dietary supplements, alcoholic beverages, food prepared and labeled in retail establishments, or medical foods.
Most notably, distinct from other recently passed legislation is Louisiana’s provision regarding food service establishments’ use of eight listed seed oils: canola, corn, cottonseed, grapeseed, rice bran, safflower, soybean, and sunflower. According to the law, any food service establishment “that cooks or prepares food using seed oil” must display a disclaimer on menus or in another clearly visible location stating: “Some menu items may contain or be prepared using seed oils.” The compliance date for this requirement is also January 1, 2028.
Violations of the QR code ingredient provision and seed oil disclosure requirements are considered violations of the state Sanitary Code.
Implication for industry members
With some of the dates for compliance set to begin in a year and a half, manufacturers and retail establishments are encouraged to begin preparing for compliance. Initial steps may include reviewing product formulations; label, menu, and websites designs (and scheduled updates); and supplier and customer agreements.
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