Texas is investigating Mars for alleged “deceptive trade practices” concerning artificial colours in its products.
According to a statement from the office of Texas Attorney General Ken Paxton, the confectionery giant pledged in 2016 to “remove all artificial colours from its human food products".
However, Paxton claims Mars removed the artificial colours from products distributed in Europe but kept using them in the US.
In the statement, Paxton's office said Mars "falsely claimed that 'artificial colours pose no known threat to human health or safety'."
Mars' statement "could not be further from the truth", Paxton's office added, "as these dyes have been linked to a number of negative health outcomes, including ADHD, autism and even cancer".
In a statement to Just Food, Skittles owner Mars said it did not comment on "active proceedings" but added all its ingredients "are manufactured in compliance with strict quality and safety regulations established by food safety authorities".
The company said: "Our technical experts at Mars have been, and are, actively exploring choice product alternatives that satisfy scientific safety criteria, technical requirements and consumer preferences. We will continue our efforts and anticipate being able to offer consumers more choice with colours from natural sources in the near future."
Last month, Texas passed legislation that will require food producers to place warning labels on items containing certain artificial colours and additives. The legislation gives manufacturers until 1 January 2027 to remove the ingredients or, from that date, use the warning labels.
The new regulation came amid growing attention on the recipes of food and drinks sold in the US since President Trump took office earlier this year.
US Secretary of Health and Human Services, Robert F. Kennedy Jr. has accused the country’s food and beverage sector of “poisoning” the American population.
In April, the FDA announced plans to eliminate the use of petroleum-derived food dyes by the end of the following year.
A number of US food majors, including Nestlé and Conagra Brands, have set out plans to remove synthetic dyes.
“It’s clear that the movement to remove artificial colourings from our food supply is making incredible progress, and 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 yesterday (16 July).
In May, Paxton launched a probe into cereals giant General Mills over marketing its products as “healthy”.
He said the company’s cereals were marketed as a “good source” of vitamins and minerals, despite containing petroleum-based food colourings linked to health issues such as hyperactivity disorders and obesity.
Last month, General Mills announced plans to remove "certified colours" from its US cereals and from foods sold to primary and secondary schools by next summer.
