Ken Paxton, the Texas Attorney General and a vocal supporter of former President Trump, has initiated a probe into the large food manufacturer Kellogg’s on suspicion of breaching state regulations.
Paxton claims that Kellogg’s supposedly ‘nutritious’ cereals contain synthetic food colorings derived from petroleum, which have been associated with hyperactivity and behavioral disorders in kids, obesity, hormonal imbalances, and even cancer.
Asserting that the company must face consequences, Paxton remarked that Kellogg’s is allegedly misleading consumers about the health benefits of its products and is contributing to a healthcare system that is failing to keep Americans well.
Mr Paxton’s investigation into the possible violations of the state’s consumer protection law aligns with the Trump Administration’s Make America Healthy Initiative spearheaded by Robert F Kennedy Jr, a long-time crusader against the FDA’s lax approach to regulating foods and the chemicals in them.
He has taken aim at Kellogg’s Fruit Loops in the past, as well as other processed foods, saying that the dyes and additives used to make them are ‘literally poisoning our kids.’
Kellogg’s pledged in 2015 to remove artificial flavors and colors from its cereals by 2018. The country’s largest cereal manufacturer added that it had already stopped using dyes in 75 percent of its cereals, with more than half of them being made without artificial flavors.
Yet, as Mr Paxton and other officials have pointed out, products like Froot Loops and Apple Jacks are made with Red 40, Yellow 5, Blue 1, and Yellow 6 – all of which are derived from petroleum.
Mr Paxton said: ‘A critical part of fighting for our children’s future is putting an end to companies’ deceptive practices that are aimed at misleading parents and families about the health of food products.’
Paxton’s probe into alleged consumer protection violations mirrors Trump-era health initiatives aiming to do away with food dyes and their reported health effects
Kellogg’s cereals contain types of blue, red, yellow, green, and orange food colorings.
Despite removing those unhealthy ingredients from products distributed in Canada and Europe, ‘it has not done so in the United States,’ the AG’s office said.
Under the state’s consumer protection laws, it’s illegal for a company to misrepresent the quality, ingredients, or characteristics of a product.
If Kellogg’s publicly claimed it would remove dyes and continued using them without clearly communicating that to consumers, that could be considered a misrepresentation.
Its public statement to remove dyes from all cereals could compel the state to treat it as an ‘express warranty.’
Under this concept, failing to deliver on that promise could constitute a breach, which is actionable under the law.
Red 40, Yellow 5, and Yellow 6 contain benzidine, a human and animal carcinogen permitted in low, presumably safe levels in dyes.
According to the FDA, ingestion of free benzidine raises the cancer risk to just under the ‘concern’ threshold, or one cancer in 1 million people.
Canadian researchers have also found Red 40, also known as Allura red, can hamper the gut’s ability to absorb nutrients, water, and electrolytes, increasing a person’s risk of developing an inflammatory bowel disease.
They say this wearing down of the body’s defenses could make people more susceptible to ulcerative colitis and Crohn’s disease.
Blue 1 is found in candies like gummy bears. Both of these ingredients have been associated with hyperactivity and inattention in children.
Several food dyes are banned or contain warning labels in Europe, where food and drug regulators have more oversight than the FDA.
Unlike European regulators, who proactively review ingredient lists and formulations before products reach store shelves, US regulators tend to take a more reactive approach.
State legislatures are increasingly approaching the issue of food dyes in a way that aligns with RFK’s perspective.
Under Trump’s Make American Health Again movement, food dyes have become public enemy number one
In California, Gov Gavin Newsom signed a landmark law that outlawed Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3 from the meals, drinks, and snacks served at schools statewide.
Several other states are working on similar legislation, including Virginia, Oklahoma, West Virginia, and New York, receiving bipartisan support.
The AG did not go into detail about this investigation and what it will entail, but a lawsuit going Mr Paxton’s way is highly possible, given that several of the State Supreme Court judges have ruled in his favor in the past.
Paxton also frequently files cases in courts presided over by Trump-appointed judges.
