Mars Faces Probe In Texas For Keeping Artificial Dyes In M&Ms And Skittles

Texas Attorney General Ken Paxton said Wednesday that his office has launched a civil investigation into candy maker Mars Inc., alleging the company misled consumers by continuing to use synthetic food dyes in its products, including M&Ms and Skittles.

Paxton has issued a civil investigative demand seeking documents to determine whether Mars violated consumer protection laws through deceptive trade practices. 

The move follows recent criticism from the U.S. Health and Human Services Secretary Robert F. Kennedy Jr., who blamed artificial dyes for a range of health concerns, including attention deficit hyperactivity disorder and certain cancers.

Companies including General Mills (GIS), J.M. Smucker (SJM), Kraft Heinz (KHC), PepsiCo (PEP), Hershey (HSY), and Nestle have pledged to phase out synthetic dyes by 2028 or sooner.

The National Confectioners Association, which represents candy makers, defended the practice of using artificial coloring earlier this month. “People can freely buy cannabis, THC products, alcohol, and cigarettes—but vibrantly colored candy is an issue? Give me a break,” spokesman Christopher Gindlesperger told The New York Post earlier this month.

Gindlesperger argued that candy is “intrinsically transparent,” with consumers aware of the presence of sugar, coloring, and other FDA-approved ingredients.

Paxton said the probe stems from Mars’ failure to follow through on a 2016 pledge to remove all artificial coloring from its products. He noted that while the company has removed “toxic” dyes in Europe, it has not done so in the U.S.

“It's time for Mars to follow the lead of other companies like Nestle and Hershey by removing synthetic dyes from its products,” Paxton said. “It's the right thing to do.”

According to a 2016 statement by Mars, the company uses a variety of naturally sourced and artificial colors in its global product portfolio. "Depending on consumer preferences, ingredient availability and local regulations, slightly different formulations and products may exist in different markets."

Removing all artificial colors from a human food portfolio that features more than 50 brands represents a complex challenge, the firm had said.

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Editor's Note: An earlier version of the story stated that Mars cited cost constraints and supply limitations of natural alternatives as reasons for continued use of synthetic coloring agents. The line has been removed.