Texas’ attorney general is investigating M&M’s and Skittles maker Mars for failing to fulfill a 2016 pledge to remove artificial colors from its food products.
Attorney General Ken Paxton said the company chose not to remove synthetic dyes from products sold in the U.S., though it did eliminate artificial colors from offerings in Europe.
Food companies are facing mounting pressure to ditch artificial dyes, which have become a primary target of the "Make America Healthy Again Movement." While companies including Nestle, Hershey and Kraft Heinz have shared plans to remove synthetic colors, Mars has yet to make a similar announcement.
Paxton's office is looking into whether the failure to live up to the 2016 pledge constitutes deceptive trade practices that violated consumers’ rights in the U.S.
“It’s time for Mars to follow the lead of other companies like Nestle and Hershey by removing synthetic dyes from its products,” Paxton said in a statement. “For the health of Texans and all Americans, Mars must fulfill its 2016 pledge to get rid of these toxic ingredients.”
A Mars spokesperson said the company cannot comment on ongoing legal proceedings, adding its “ingredients are manufactured in compliance with strict quality and safety regulations established by food safety authorities, including the FDA.”
Mars is also “actively exploring choice product alternatives that satisfy scientific safety criteria, technical requirements and consumer preferences,” the spokesperson said. The candy maker plans to offer more options with natural sources “in the near future.”
Mars is not the first company to be investigated by Paxton.
Earlier this year, he launched investigations against Lucky Charms maker General Mills and Froot Loops manufacturer W.K. Kellogg for promoting their cereals as healthy despite containing artificial food colorings. General Mills later agreed to remove artificial dyes from its products.
Health and Human Services Secretary Robert F. Kennedy Jr. urged the industry to voluntarily remove six synthetic dyes by 2027. However, several Republican-led states have gone a step further by banning ingredients or adding labeling requirements.
