Dive Brief:
- A coalition of food and beverage industry groups sued Texas to strike down a state law that requires warning labels for artificial dyes and other ingredients. They argued the disclosure would be "false and misleading" to consumers.
- The groups, which represent some of the largest food companies, including Kraft Heinz and Coca-Cola, say the Texas law would force manufacturers "to convey the government’s preferred viewpoint on their products" in violation of their First Amendment rights.
- The law, passed during the summer, requires companies to add disclosures for 44 ingredients commonly used in production starting in January 2027. The labels would disclose that products contain substances “not recommended for human consumption” in other countries.
Dive Insight:
The lawsuit is one of the food industry's biggest rebukes of the Make America Healthy Again movement yet. It comes as lawmakers in Congress pledge they won't interfere with the proliferation of state ingredient bans and restrictions across the country.
Food companies argue ingredients, including artificial dyes, have been rigorously studied for safety in the U.S. They warn that labels or other restrictions would cause confusion and unnecessarily raise costs for manufacturers and consumers.
In the case of the Texas law, the label would in many cases be required for naturally derived ingredients or additives that are not banned in other countries.
In its lawsuit, food and beverage groups say Texas' law is vague and interferes with current federal law on ingredient regulation and labeling. It also claims the legislation violates free speech because companies would have to add disclosures based on the Texas government's opinions.
"The government cannot wield its power to force citizens to speak," according to the lawsuit. "It cannot require businesses to affix false and misleading warnings that confuse consumers and upend the economy."
In October, food dye manufacturers sued to overturn a West Virginia law banning artificial colors. The Texas lawsuit, however, is the first time that major food companies have publicly aligned themselves against the MAHA movement and state ingredient bans.
Plaintiffs include the American Beverage Association, the Consumer Brands Association, the National Confectioners Association and FMI – The Food Industry Association. The groups represent packaged food and beverage makers, but also candy companies and grocery stores.
As more states move forward with legislation targeting artificial dyes or ultraprocessed foods, companies have pushed the FDA to enact a national standard rather than subject manufacturers to a patchwork of laws. However, as lawmakers appear unwilling to step in, the industry could increasingly lean on the court system for relief.
