Lawsuit filed over labeling requirement in Texas MAHA law

It’s that time, when new laws face whatever court challenges they’re going to get.

Several food and beverage trade associations are asking a federal court to strike down a package-labeling provision in a new state law aimed at combating obesity, diabetes and some cancers

The associations said in a news release that they support the nearly all of the elements of Texas’ version of the Trump administration’s “Make America Healthy Again” campaign. The labeling provisions, however, would require companies to make “false and misleading claims” about their products, according the federal lawsuit filed Friday in Waco.

The Texas law calls for a warning label for products with specific ingredients that states: “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.” But the suit said several of the ingredients that trigger the warning have not been found to be harmful and in some cases have not been flagged by the foreign entities listed.

Requiring the labeling would run afoul of the First Amendment, the suit said.

“We urge the court to allow for nutrition education, protect the freedom of Texans and curb the influence of foreign regulatory bodies in the state by quickly reversing this specific portion of SB 25,” the associations said in an unsigned statement.

The suit was filed by the American Beverage Association, the Consumer Brands Association, the National Confectioners Association and the Food Industry Association.

There’s more, it’s a gift link so read the rest as you will. I’m sure this group of plaintiffs is no one’s idea of sympathetic or underdogs. The discussion about “ultraprocessed foods” is a good one to have, though I suggest you listen to this episode of Maintenance Phase first so we can all at least agree on terminology. On the other hand, the whole MAHA thing is being led by a brainworm-addled sociopath who is working to give measles and polio (and now hepatitis B) to millions of children, and this bill was written by legislators who I’d bet couldn’t pass a middle school biology test. I’d rather we go by facts and data, and that leads me to want to see this lawsuit succeed. So there you have it.

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