Texas Attorney General Ken Paxton has launched an investigation into Mars Inc., the company that produces a number of popular candy products, including Skittles and M&M’s, over what his office says are “deceptive trade practices.”
Newsweek contacted Mars via email and online inquiry form, and Paxton by online inquiry form, for comment on Thursday outside regular office hours.
Why It Matters
Paxton, who is running for the Senate seat occupied by fellow Republican John Cornyn, said he was “fighting alongside” Health Secretary Robert F. Kennedy Jr. to improve Texans’ health.
Kennedy has launched a campaign, which he dubbed “Make America Healthy Again,” targeting environmental health risks and chronic disease.
What To Know
Paxton’s office announced on Wednesday that it is investigating Mars, accusing the company of “deceptive trade practices that violate Texas consumers’ rights.” Paxton also said he issued Mars a civil investigative demand requiring the company to hand over certain documentation.
In its news release, the Texas Attorney General’s Office said Mars had continued to sell products in the U.S. containing “toxic dyes” despite a 2016 pledge to “remove all artificial colors from its human food products,” which was later applied to its products for sale in Europe.
It said dyes used by Mars had been “linked to a number of negative health outcomes, including Attention-Deficit/Hyperactivity Disorder (ADHD), autism, and even cancer.”
Mars insists its “artificial colors pose no known risks to human health or safety.”
A composite image showing bags of M&M’s in New York City and a package of Skittles in the Netherlands.
A composite image showing bags of M&M’s in New York City and a package of Skittles in the Netherlands.
Stephen Chernin/Yuriko Nakao/GETTY
According to the official Skittles website, its U.S. ingredients list includes “natural and artificial flavors” and “colors (Red 40 Lake, Yellow 5 Lake, Blue 2 Lake, Yellow 6 Lake, Titanium Dioxide, Blue 1 Lake, Yellow 6, Red 40, Yellow 5, Blue 1.”
M&M’s sold in the U.S. contain coloring that “includes Red 40 Lake, Yellow 6, Yellow 5, Blue 2 Lake, Red 40, Blue 1 Lake, Blue 1, Blue 2, Yellow 5 Lake, Yellow 6 Lake.”
The statement said Paxton’s office was “fighting alongside Secretary Kennedy and President Trump to help Americans get healthier by holding accountable big food companies.” It added that in June, General Mills said it would remove artificial dyes from its products after a similar investigation by the Texas Attorney General’s Office.
In May, the Make America Healthy Again Commission, which was established by President Donald Trump, concluded that dyes and synthetic chemicals used in some products were having negative effects on children’s health.
What People Are Saying
Texas Attorney General Ken Paxton said in a news release on Wednesday: “Mars must remove toxic artificial dyes from its U.S. food products not only to honor its public commitment and ensure that it stays on the right side of the law, but also because it’s the right thing to do.
“It’s clear that the movement to remove artificial colorings 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. For the health of Texans and all Americans, Mars must fulfill its 2016 pledge to get rid of these toxic ingredients.”
Speaking to Just Food, a Mars spokesperson said in February 2021: “We found that the majority of our U.S. consumers appreciate the current vibrant palette used in their favorite treats. So Mars will not remove all artificial colors from the entire portfolio, but will continue to offer a variety of options free from artificial colors, such as Snickers, Twix and Dove Milk and Dark Chocolate. This approach is consistent with intent to meet evolving consumer preferences.”
Mars said in a February 2016 news release: “Mars, Incorporated announced today that it will remove all artificial colors from its human food products as part of a commitment to meet evolving consumer preferences.”
What Happens Next
Following the Make America Healthy Again Commission’s report, Mars is likely to face further pressure to stop using artificial colors in its U.S. products.