05/19/2026 | Press release | Distributed by Public on 05/19/2026 08:27
Attorney General Ken Paxton secured a settlement with Albertsons Safeway LLC ("Albertsons"), the parent company of over ten different grocery stores chains, successfully stopping the company's practice of misting organic produce with synthetic pesticides.
This settlement follows an investigation into grocery stores across Texas, which was announced by Attorney General Paxton in January 2026. The investigation was launched following concerns that pesticides were being used on USDA-certified organic produce without consumers' knowledge. The pesticide at issue is ProduceMaxx, an EPA-registered antimicrobial pesticide containing hypochlorous acid, a chlorine-based compound. Thousands of grocery stores across the United States have engaged in off-label use of ProduceMaxx in produce misting systems to allegedly control bacteria and extend shelf life. In many stores, ProduceMaxx was sprayed on produce labeled organic. Consumers paying premium prices for organic products reasonably expect those items to be free from these types of synthetic chemical treatments. Many consumers were unaware that, despite the certified organic label, pesticides had been used. Under this landmark settlement, all Albertsons-owned grocery stores across the entire state of Texas will now stop using ProduceMaxx or any other synthetic antimicrobial pesticide in misting systems on organic produce. The stores will also require employees to complete a potable water rinse on all organic produce after any ProduceMaxx treatment.
Chains that will implement these new requirements include Albertsons Market, Randall's, Tom Thumb, United Supermarkets, Market Street, United Express, Market Street Express, and Amigos.
"This is a huge win for Texans seeking to avoid synthetic pesticides when purchasing organic produce. I commend Albertsons for reversing its course of action and signing this historic agreement to help ensure transparency for Texans by requiring its stores to stop the misting of pesticides on organic produce," said Attorney General Paxton. "I will continue to use every tool available to help Make America Healthy Again."
Attorney General Paxton commends Texas-based grocer, H-E-B, for its longstanding practice of not treating organic produce with antimicrobial pesticides, as well as nationwide health chains Whole Foods and Natural Grocers. The Office of the Attorney General encourages health grocer Sprouts Farmers Market to join us in the fight and bring even better results for Texans. To ensure compliance, the OAG and Albertsons have now signed an Assurance of Voluntary Compliance ("AVC"), which outlines the legally-binding steps Albertsons is taking to stop the spraying of synthetic pesticides on organic produce. The Office of the Attorney General will continue to work to ensure that Texans have access to clean produce and transparency when grocery shopping. To read the AVC, click here.