Attor­ney Gen­er­al Ken Pax­ton Inves­ti­gates Major Gro­cery Chains for Spray­ing Organ­ic Pro­duce with Pes­ti­cides With­out Telling Consumers

Attorney General Ken Paxton launched a statewide investigation into major grocery chains that spray organic fruits and vegetables with pesticides in-store but fail to disclose this practice to consumers.

The pesticide at issue is Produce Maxx, an EPA-registered antimicrobial pesticide containing high concentrations of hypochlorous acid—a form of chlorine. Thousands of stores across the United States spray it on produce through misting systems to control bacteria and extend shelf life.

Consumers buying organic produce assume they haven’t been treated with pesticides. They don’t know that stores are spraying pesticides on the organic produce while it’s on the shelf. And they aren't being told that they need to wash their organic produce before eating—even though federal law requires produce sprayed with chlorine to be rinsed with drinking water before consumption to maintain USDA organic certification. Many grocery stores hide their misting equipment and Produce Maxx containers from customer view and provide no signage or warning labels about the pesticide treatment and the need to wash the organic produce. 

“Many Texans choose organic produce specifically to avoid harmful pesticides,” said Attorney General Paxton. “It’s not only wrong for grocers to mislead consumers about chemicals being sprayed on their food—it may very well be illegal. There should be no shortcuts when it comes to food safety, and my office will ensure that Texas consumers are not misled about the state of the produce they purchase.”

Attorney General Paxton is demanding that if Texas grocery stores continue using antimicrobial pesticides like Produce Maxx, they must, at minimum, install clear signage informing consumers that their produce has been sprayed with a pesticide and include instructions to rinse before consumption in accordance with federal law and USDA guidelines.