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Ken Paxton, attorney general of Texas, US, has launched an investigation into WK Kellogg Co (Kellogg’s) for potentially violating the state’s consumer protection laws.

In a statement shared on 5 April 2025, the attorney general noted that Kellogg’s advertises its cereal products – which include Froot Loops, Apple Jacks, Frosted Flakes and Rice Krispies – as ‘healthy’ options.

However, some of the cereals contain petroleum-based artificial food colourings. The attorney general expressed concern over these ingredients’ links to health issues such as ‘hyperactivity, obesity, autoimmune disease, endocrine-related health problems and cancer’.

Paxton's office said that Kellogg’s ‘falsely claimed’ it would remove these artificial colourants, as well as the preservative BHT, from its products in the US and has not done so, despite removing them in Canada and Europe.

Paxton stated: “A critical part of fighting for our children’s future is putting an end to companies’ deceptive practices that are aimed at misleading parents and families about the health of food products. Artificial food colorings have been shown to have disastrous impacts on health, and in no world should foods that include these dyes be advertised as ‘healthy.’”

Increasing concern about the potential health impact of artificial additives, including food dyes, has led to a shift toward more natural ingredients and 'cleaner' labels in recent years.

In the US, activity in this area has ramped up since the beginning of the year. In January, the US Food and Drug Administration (FDA) banned the use of the synthetic Red Dye No. 3 colourant in foods, beverages and ingested drugs, following two studies that linked the dye to cancer in male laboratory rats. Food manufacturers in the US currently using Red 3 will be required to reformulate their products by 15 January 2027.

In March, US Health and Human Services Secretary Robert F Kennedy (RFK) Jr called on major food companies to eliminate artificial dyes from their products by the end of his term in 2029. This forms part of his wider 'Make America Healthy Again' (MAHA) agenda, which aims to address chronic health issues by reforming dietary practices.

Shortly following RFK’s statement, the US state of West Virginia passed House Bill 2354, banning several synthetic food additives linked to health concerns including colourants Red Dye No. 40, Yellow Dye No. 5, Bye Dye No. 1, and synthetic preservatives butylated hydroxyanisole (BHA) and propylparaben, among others. The legislation is effective immediately for most products sold in the state and will be applicable to school nutrition programmes by 1 August 2025.

Attorney general Paxton said: “There will be accountability for any company, including Kellogg’s, that unlawfully makes misrepresentations about its food and contributes to a broken health system that has made Americans less healthy”.

FoodBev has reached out to Kellogg’s for comment.

Top image: © Kellogg's