Another Helping of Food Law Updates: Texas Legislature Goes Into MAHA Mode With Warning Label Bill

Welcome to another edition of our Food Regulatory Update, where we delve into the latest developments and changes in food regulations that have emerged over the past month. From the federal emphasis on changing the food supply to address chronic disease to the budding state-driven labeling patchwork to the possibility that states may become increasingly responsible for inspections, food industry stakeholders need to be on their toes. Here are the latest highlights:

MAHA Commission Report

On May 22, 2025, the Make America Healthy Again commission released its initial findings in the form of a 68-page report. The report focused on the (poor) health of U.S. children and pointed to four main contributors to childhood chronic diseases: the ultraprocessed food children eat; children's exposure to environmental chemicals; children's "pervasive technology use"; and, the overmedicating of children. The report did not offer any policy recommendations other than identifying additional research initiatives (to "Support[] Gold-Standard Scientific Research and Develop[] a Comprehensive Strategy"), with quite a few of the suggested initiatives listing the NIH as the responsible agency. A week later, journalists with NOTUS published an article alleging that the citations are "rife with errors, from broken links to misstated conclusions" and that "seven of the cited sources don't appear to exist at all." The Food Fix overview of the citation controversy is linked here. The MAHA Commission is tasked with developing a comprehensive strategy to address the identified issues within 80 days of the report's release.

Make Texas Healthy Again (SB 25)

Toward the end of May 2025, the Texas House and Senate passed SB 25—also referred to as the Make Texas Healthy Again bill. Among other things, the law would require warning labels on food products that contain any of 44 listed chemicals (artificial colors, additives, or other banned chemicals). The warning must state: "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." The law is to be enforced by the attorney general and allows for the imposition of civil penalties. The bill was sent to the governor's desk on June 1. Gov. Abbott has until June 22, 2025, to sign, veto, or do nothing with the bill. If the governor does nothing, the bill will become law.

Food Facility Inspections

The draft Health & Human Services proposed budget released by the administration on Friday, May 26, 2025, reinforces earlier reports that the administration is looking to move routine inspections of FDA-regulated food facilities out of FDA and into the hands of state and local authorities (see numbered page 21). Congress has ultimate authority over the budget, so nothing is final yet.

EPR Programs Ramp-up

The implementation of Extended Producer Responsibility (EPR) programs is ramping up around the country. EPR refers to a policy approach that shifts the burden of managing waste (including costs and operational responsibilities) to manufacturers and brand owners. Oregon was the first state with reporting deadlines, requiring regulated producers (most often the brand owner) to register with the Circular Action Alliance and report covered products data. Colorado's deadline for reporting is coming up (July 31, 2025), and two states recently adopted EPR programs (Washington and Maryland), joining Oregon, Colorado, California, Maine, and Minnesota.

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Stay tuned here for future updates as food regulatory developments continue to unfold.

Previous updates:

Flurry of Activity from FDA in the First Four Months of 2025