AUSTIN, Texas — Texas Attorney General Ken Paxton has opened an investigation into three major food manufacturers over products marketed as “heart healthy,” questioning whether the companies’ advertising and labeling could mislead Texas consumers.
Paxton’s office said Monday it issued Civil Investigative Demands to Frito-Lay, Flora Food Group and ACH Foods as part of the investigation. The demands seek documents and other information to determine whether the companies violated the Texas Deceptive Trade Practices Act.
A Civil Investigative Demand allows the attorney general’s office to obtain information during an investigation before deciding whether to pursue legal action.
The investigation will examine whether the companies’ marketing of products as “heart healthy” accurately represents their nutritional benefits, according to Paxton’s office.
The office said consumers often rely on health-related labels and symbols when choosing food products and alleged that some products carrying “heart healthy” claims contain ingredients that may not align with consumers’ expectations of healthier foods.
Paxton’s office specifically cited Mazola Canola Oil and Sun Chips, saying the products contain ingredients such as added sugars, refined grains or high levels of omega-6 fatty acids that it argues could conflict with claims that the products promote heart health.
“I won’t allow corporations to slap a ‘heart healthy’ symbol on their food labels as an attempt to market seed oils and other chemical-filled foods as healthy,” Paxton said in a statement.
The investigation will focus on whether the companies’ advertising and labeling practices misrepresent the health value of their products in violation of Texas consumer protection laws.
Paxton’s office also referenced the American Heart Association’s Heart-Check certification as an example of a health-related symbol recognized by consumers. The investigation, however, targets the manufacturers’ marketing practices and does not accuse the American Heart Association of wrongdoing.
No lawsuit has been filed against the companies, and Paxton’s office has not accused them of violating the law. The investigation remains ongoing.
Representatives for Frito-Lay, Flora Food Group and ACH Foods did not immediately respond to requests for comment.