Texas Attorney General Ken Paxton has initiated an investigation into Mars, Incorporated, focusing on allegations of deceptive trade practices that may infringe on consumer rights in Texas. Central to this inquiry are accusations surrounding Mars’s decision not to remove artificial colors from products sold in the United States, despite having pledged to do so in 2016. While Mars eliminated these dyes from products sold in Europe, citing differing consumer expectations, the company continued their use domestically here.
The investigation also examines Mars’s assertions regarding the safety of artificial colors. The company has maintained that these colors pose no known risks to human health. This stance is under scrutiny, as Attorney General Paxton highlights potential links between food dyes and several health issues, including Attention-Deficit/Hyperactivity Disorder (ADHD), autism, and cancer. The discussion over food dye safety is ongoing, with the US Food and Drug Administration upholding the view that artificial dyes are safe when used as regulated. However, contrasting evidence suggests they may contribute to behavioral issues in children. In the European Union, products with certain artificial dyes carry warnings about potential adverse effects on children’s activity and attention alongside.
This legal maneuver is conducted under the Texas Deceptive Trade Practices Act, which outlaws misleading and false advertising, among other practices. The Act empowers consumers to seek triple damages and enables the AG to levy civil penalties of up to $10,000 per violation. The investigation commenced with a Civil Investigative Demand to Mars, requesting documentation relevant to the case nationwide.
Paxton’s action against Mars adds to his extensive legal docket, which includes a lawsuit against a New York physician involved in providing abortion medication to a Texas resident, and litigation against the city of San Antonio concerning the use of public funds for out-of-state abortion travel. As these cases unfold, they underscore a broader landscape of legal challenges poised to impact businesses operating across state lines.