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General Mills is under investigation in Texas. The state’s Attorney General, Ken Paxton, launched an investigation into the cereal giant’s “illegal misrepresentations of its food products as ‘healthy.’”
What grounds does this Attorney General have for this claim?
Let’s explore!
The stance behind this investigation involves the illegal misrepresentations of the food product and use of the word “healthy” on the label.
General Mills, Inc was sent a Civil Investigative Demand as part of the state’s investigation.
This type of demand serves as an administrative subpoena and is often used prior to lawsuits or formal court proceedings. It is a way to gather information including documents, answers to questions, or request oral testimony.
Paxton asserts that General Mills, despite their products containing petroleum-based food colorings, continues to claim their products are healthy.
“Under my watch, big food companies should be on high alert that they will be held accountable if they put toxic ingredients in our food and engage in false marketing,” said Attorney General Paxton. Insisting that he “will always fight to protect the health of the American people.”
“That includes working tirelessly to ensure that food products are not illegally and deceptively marketed by corporation, which is why I’ve launched this investigation into General Mills,” says Paxton.
What makes the situation even more egregious, is the fact that the company already removed these dyes in an effort to be a better option for American consumers.
In 2015, General Mills pledged to remove artificial dyes from six of their cereals.
And they did.
They got a lot of positive media support for this move to make products safer for children and the general food supply.
But within two years, the dyes were back. In the United States, anyway.
General Mills continues to sell the reformulated cereals sans toxic dyes in other countries. Countries like Canada and some in Europe that have stricter food laws than we have in the United States. Most of which have already banned these petroleum-based dyes.
Different formulations of these breakfast cereals are already distributed across the world. In addition to dyes, the same cereal distributed to other countries may have different amounts of sugar or salt.
But General Mills isn’t the only company doing this. Kelloggs and Nestle also have different formulations they provide to countries with stricter food laws.
This is the driving force behind the aggressive approach the Attorney General has on the topic. “General Mills still sells reformulated cereal without artificial dyes in other countries, and it should absolutely do the same for Texans and Americans.”
Attorney General Paxton is not just singling out the maker of Trix and Lucky Charms. Other cereal manufacturers have already experienced similar Civil Investigative Demands. Namely, WK Kellogg Co., often referred to as Kellogg’s.
The ongoing investigation on this cereal company was publicly announced in April and is framed as violations of Texas consumer protection laws.
Like General Mills, Kellogg’s indicated that they would remove artificial food dyes and the preservative BHT from their products. Unlike General Mills, who at least did so for a time, Kellogg’s has not.
The maker of Froot Loops, Apple Jacks, Frosted Flakes, and Rice Krispies still uses certain types of blue, red, yellow, green, and orange artificial food colors in their product sold in the United States. In Canada and Europe, reformulations without those dyes are available.
You may be wondering what is the big deal about these dyes. Food has been colored for decades. Just because it has always been that way, does not mean that it was always healthy.
Doctors used to tell women to ease morning sickness with a cigarette, after all.
The more you know about something that is harmful, the harder it is to overlook it.
Some of the biggest concerns have surround the impact these dyes have on neurobehavioral problems in children. Issues like hyperactivity and inattention.
Synthetic food dyes, like the ones Attorney General Paxton is talking about in these breakfast cereals allegedly calling themselves “healthy” and marketed to children could be causing serious harm.
It’s not just about behavior though. Certain dyes, like the one being phased out and banned under the Biden administration, Red No. 3, have been shown to cause cancer in animal studies.
An admission made by the U.S. Food and Drug Administration (FDA) themselves as far back as 1990.
More than 30 years ago!
And yet, the use of this potentially cancer-causing dye continued to persist.
Making matters worse, the growing body of children are even more susceptible to the effects of carcinogens. Trix are for kids, after all. So, there is no denying the target audience.
With so much information in the news about these toxic synthetic dyes and the consequences of consuming them, have you changed any of your buying habits?
The answer to that question often varies from person to person.
Some consider that it can’t truly be bad if they are allowed to sell it. While others read the potential health impacts and make different choices.
Personally, I am in the era of trying to control what I eat. If I can make it myself, I give it great effort. I have found recipes to replace popular sandwich cookies, make my own bread when possible, and attempt to grow my own food.
I understand that isn’t possible for everyone. And as consumers we should be able to trust the food sold to us. Only time will tell if real change will take place.
If you’d like to know more about food safety topics in the news, like “Texas Attorney General Investigates General Mills on “Healthy” Claims,” check out the Make Food Safe Blog. We regularly update trending topics, foodborne infections in the news, recalls, and more! Stay tuned for quality information to help keep your family safe, while The Lange Law Firm, PLLC strives to Make Food Safe!
By: Heather Van Tassell (contributing writer, non-lawyer)
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