A New Wave of State-Level Food Labeling Regulations in the U.S. – U.S. Correspondence by Jay Lee (170)
- nofearljc
- May 4
- 2 min read
Independent State Labeling Laws… California and Others Reshaping the Entire Market
Only “BEST if Used by” and “USE by” Allowed—“Sell by” Prohibited
Texas SB 25 Requires Warning Labels for 44 Specified Ingredients
Enforcement Temporarily Halted by Industry Lawsuits, but Legal Uncertainty Remains
By Jongchan Lee, CEO of J&B Food Consulting
The regulatory landscape for food labeling in the United States is undergoing a major transformation. While the federal U.S. Food and Drug Administration (FDA) has long provided unified national standards, individual states are now passing their own labeling laws, effectively creating a new regulatory order.
From 2024 through 2026, a series of legislative actions in states such as California, Texas, and Louisiana have gone beyond regional rules and are beginning to reshape the entire U.S. food market.
Starting July 1, 2026, all packaged foods sold in California (with limited exceptions such as infant formula, eggs, and beer) may only use two date labels: “BEST if Used by” (quality-based) and “USE by” (safety-based). The commonly used “Sell by” label will be prohibited from consumer-facing packaging.
This move aims to eliminate consumer confusion and reduce food waste caused by ambiguous date labeling. Other states such as New Jersey and South Carolina are considering similar legislation, and discussions at the federal level suggest that California’s standard could effectively become a nationwide norm.
The most aggressive state-level labeling law, however, emerged not from California but from Texas. On June 22, 2025, Texas Governor Greg Abbott signed Senate Bill 25 (SB 25) into law.
Under SB 25, any food product containing one or more of 44 designated ingredients must display the following warning:
“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.”
This requirement will apply to product labels developed or copyrighted on or after January 1, 2027.
The industry did not remain silent. In December 2025, food industry groups filed lawsuits challenging the law. On February 11, 2026, a federal district court in western Texas issued a preliminary injunction, temporarily halting enforcement due to potential constitutional concerns. The Texas Attorney General has appealed, and litigation is ongoing.
Meanwhile, the Texas Department of State Health Services (DSHS) finalized implementation rules on February 20, 2026. These rules clarify that ingredients recognized as safe by the FDA or the U.S. Department of Agriculture (including GRAS substances) are exempt from the warning requirement. While this may exclude many of the 44 listed ingredients in practice, it does not fully resolve the legal uncertainty.
Louisiana has taken a different approach. Instead of requiring on-package warning text, the state mandates the use of QR codes. If a product contains any of the 44 designated ingredients, a QR code must be placed on the packaging, linking consumers to a webpage where the warning is displayed. This requirement will take effect on January 1, 2028.
For exporters, these developments signal a critical shift. State-level food labeling laws are no longer isolated regulations—they are becoming key drivers of national market standards. Companies entering the U.S. must closely monitor these changes and proactively adapt their labeling strategies.
Tags: #FoodLabeling #USRegulation #FDA
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