



DALLAS >> A new Texas law promoting the Trump administration’s “Make America Healthy Again” agenda requires warning labels on foods such as chips and candies that contain dyes and additives not allowed in other countries.
It could have far-reaching effects on the nation’s food supply, but a review of the legislation shows it also misrepresents the status of some ingredients that would trigger the action.
The law signed by Republican Gov. Greg Abbott on Sunday requires foods made with any of more than 40 dyes or additives to have labels starting in 2027 saying they contain ingredients “not recommended for human consumption” in Australia, Canada, the European Union or the U.K. But a review shows that nearly a dozen of the targeted additives are either authorized in the cited regions — or already restricted in the U.S.
The law, which will send the food industry scrambling to respond, is laudable in its intent, but could lead to incorrect citations and potential legal challenges, a consumer advocacy group said.
“I don’t know how the list of chemicals was constructed,” said Thomas Galligan, a scientist with the Center for Science in the Public Interest. “Warnings have to be accurate in order to be legal.”
The law, approved with wide bipartisan support, is part of a flurry of similar legislation this year by GOP-led statehouses as lawmakers align themselves with U.S. Health Secretary Robert F. Kennedy Jr.’s “Make America Healthy Again” agenda. Texas would be the first in the U.S. to use warning labels to target additives, rather than nutrients like sugar or saturated fat, to change American diets.
It will force food companies to decide whether to reformulate products to avoid the labels, add the newly required language, pull certain products from Texas shelves or oppose the measure in court.
It’s unclear how the list of additives was created. Inquiries to the office of the bill’s author, Republican state Sen. Lois Kolkhorst, were not immediately returned.
Regulators in Australia, Canada, the EU and the U.K. take a cautious approach to food additives: If a product’s safety is uncertain, it can be banned or restricted until it is determined to be safe. By contrast, the U.S. generally allows products on the market unless there is clear risk of harm.
Three additives targeted by Texas — partially hydrogenated oils, Red Dye No. 4 and Red Dye No. 3 — are not approved or have been banned in food by U.S. regulators. Several of the other listed ingredients are allowed in all four of those regions, noted Galligan and representatives from the Consumer Brands Association, a food industry trade group.