OAN Staff Lillian Mann
5:23 PM – Wednesday, May 20, 2026
Following an ongoing investigation that revealed thousands of U.S. grocery stores use an antimicrobial pesticide in produce misting systems, Texas Attorney General Ken Paxton announced what he described as a “huge win” after securing a landmark settlement preventing certain grocery stores in Texas from continuing the practice on organic goods.
Paxton (R-Texas.) revealed the settlement in a statement on Tuesday, noting that the investigation, which began in January 2026, focused on “major grocery chains” across the state. The probe centered on in-store misting systems utilizing ProduceMaxx—an EPA-registered antimicrobial pesticide containing hypochlorous acid, a chlorine-based compound. While the chemical is commonly used by grocers to reduce bacteria and artificially extend produce shelf life, Paxton highlighted that it was being sprayed secretly on premium items labeled as ‘organic’ without consumer knowledge.
Under the legally binding terms of the newly signed Assurance of Voluntary Compliance (AVC), all Albertsons-owned grocery stores in Texas are now prohibited from using ProduceMaxx or any other synthetic pesticides on organic produce via misting systems, effective within 90 days. Furthermore, store employees are also required to rinse all organic items with potable water following any pesticide application in order to comply with USDA National Organic Program standards.
“This is a huge win for Texans seeking to avoid synthetic pesticides when purchasing organic produce,” Paxton said in a statement. “I commend Albertsons for reversing its course of action and signing this historic agreement to help ensure transparency for Texas by requiring its stores to stop the misting of pesticides on organic produce.”
Despite the announcement, Albertsons did not admit to any wrongdoing or violation of the law. In the settlement agreement, the company explicitly denied the Attorney General’s allegations, maintaining that they complied with all food safety and organic standards, but agreed to the terms to resolve the dispute and avoid the expense of prolonged litigation.
Paxton celebrated the settlement on Tuesday, the same day he secured an endorsement from President Donald Trump in the Republican U.S. Senate primary runoff against incumbent Senator John Cornyn (R-Texas).
Nonetheless, he revealed that he intends to continue supporting the “Make America Healthy Again” (MAHA) movement, a movement championed by Robert F. Kennedy Jr. during his tenure as U.S. Health and Human Services secretary.
Concluding his announcement, Paxton commended Texas-based grocer H-E-B, alongside nationwide natural health chains Whole Foods and Natural Grocers, for their longstanding practice of keeping organic displays entirely free from antimicrobial chemical treatments, while explicitly encouraging competitor Sprouts Farmers Market to join the transparency initiative.
Albertsons stores in Texas include Albertsons Market, Randalls, Tom Thumb, United Supermarkets, Market Street, United Express, Market Street Express and Amigos.
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