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American Beverage Association, et al. v. Paxton   (5th Circuit)

Challenging Texas Food Labeling Mandate

On August 10, 2026, the NAM filed an amicus brief urging the 5th Circuit to find that a Texas food labeling law citing health recommendations from foreign countries is unconstitutional. In American Beverage Ass’n, et al. v. Paxton, four industry groups sued the state of Texas to stop the enforcement of Texas S.B. 25, which requires manufacturers of food products that contain any of one of 44 specified ingredients to include a warning label on their product’s packaging stating that certain foreign countries do not recommend the product “for human consumption.” The 44 ingredients include commonly used preservatives or additives that have been generally recognized as safe by the FDA. In our amicus brief, we argue that the bill compels speech from food manufacturers in violation of the 1st Amendment and that the required warning label offers misleading safety information to Americans. The continued success of our nationwide food supply requires uniform regulations based on accurate scientific and safety information.


Related Documents:
NAM brief  (August 10, 2026)