Food and drinks trade bodies representing the industries’ largest manufacturers have filed a lawsuit against efforts in Texas to require warning labels for certain ingredients.
In June, the Lone Star State passed legislation that will require producers to place warning labels on items containing certain artificial colours and additives.
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The use of more than 40 substances, including synthetic food dyes and bleached flour, on products sold in Texas will require the labels.
Manufacturers have until 1 January 2027 to remove the ingredients or, from that date, use the warning labels.
On Friday (5 December), four trade groups – American Beverage Association, Consumer Brands Association, National Confectioners Association and FMI, the Food Industry Association – lodged a suit to block the move.
According to Reuters, the associations argue the proposed labels would be “false and misleading”.
The legislation would mean products containing the ingredients would have to carry a label that 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.”
The associations assert the ingredients have not been described as “not recommended for human consumption” by those jurisdictions.
“The listed ingredients have been used safely in American foods and beverages for decades,” the groups said in their complaint, as reported by Reuters. “[The legislation’s] warning requirement compels businesses to tell Texas consumers that the enumerated ingredients are ‘not recommended for human consumption’ abroad – even when that isn’t true.”
The plaintiffs add the Texas legislation would lead to higher costs through the use of the labels or recipe changes.
They also say some of the ingredients have already been banned at a federal level.
Just Food has asked each of the associations for further comment.
There has been growing attention on the recipes of food and drinks sold in the US since President Trump took office earlier this year.
In April, the federal US Food and Drug Administration unveiled measures to phase out the use of petroleum-based food dyes by the end of next year.
Under the plans, the FDA said it would start the process of removing its authorisation for two synthetic food colourings – Citrus Red No. 2 and Orange B – “within the coming months”.
Six other synthetic dyes the agency allows to be used in food – FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1 and FD&C Blue No. 2 – would be removed from the food supply by the end of next year, it added.
However, US NGO Center for Science in the Public Interest questioned the announcement, arguing “no rulemaking of any sort” was announced on that group of six dyes.
Several major US manufacturers have announced pledges to remove the so-called FD&C additives.
In March, the US state of West Virginia banned the use of seven synthetic dyes in school lunches and food items.
However, the move has sparked a lawsuit from an industry trade body seeking to overturn the legislation.
The International Association of Color Manufacturers claims the law “violates the West Virginia and US Constitutions”.
