Texas Attorney General Ken Paxton has opened an investigation into major grocery store chains in the state for potentially misleading consumers by spraying organic-labeled produce with pesticides.
“I’m investigating major grocery chains for spraying organic produce with pesticides without telling consumers,” Paxton posted to X on Monday. “It’s not only wrong for grocers to mislead consumers about chemicals being sprayed on their food—it may very well be illegal.”
NEW: I’m investigating major grocery chains for spraying organic produce with pesticides without telling consumers.
It’s not only wrong for grocers to mislead consumers about chemicals being sprayed on their food—it may very well be illegal. pic.twitter.com/lMK2yawntb
— Attorney General Ken Paxton (@KenPaxtonTX) January 12, 2026
Consumers who spend money on organic produce generally expect that harmful synthetic pesticides are not being used, though some naturally derived pesticides are permitted on organic foods.
Paxton said the pesticide in question is called Produce Maxx, which is an EPA-registered antimicrobial pesticide containing high concentrations of hypochlorous acid and considered a form of chlorine.
More than 50 retail brands across 10,000+ stores in North America use Produce Maxx, according to PolitiFact. It’s unclear how many spray “organic” foods as well.
“Consumers buying organic produce assume they haven’t been treated with pesticides,” a press release from Paxton’s office said. “They don’t know that stores are spraying pesticides on the organic produce while it’s on the shelf.”
If a customer is unaware of such in-store spraying, they might not wash their organic produce. This is an issue since federal law “requires produce sprayed with chlorine to be rinsed with drinking water before consumption to maintain USDA organic certification,” the release explained.
“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,” the office charged.
“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,” Paxton said.
If Texas grocery stores continue using antimicrobial pesticides like Produce Maxx on organic produce, they must disclose this to customers, while also including instructions to rinse this food before consumption, he said.
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