Paxton Wins in Antimicrobial Pesticide Complaint

May 19, 2026 – Texas Attorney General Ken Paxton announced a sweeping settlement with grocery giant Albertsons this week, ending a controversial practice involving the misting of organic produce with a synthetic antimicrobial solution in stores across the state. The agreement follows a months-long investigation launched in January 2026 amid concerns that consumers were unknowingly purchasing organic fruits and vegetables treated with chemical agents.

At the center of the issue is ProduceMaxx, an Environmental Protection Agency (EPA)-registered antimicrobial pesticide containing hypochlorous acid, a chlorine-based compound. While the substance is commonly used in food safety applications to reduce bacteria, investigators found that it had been used in produce misting systems—sometimes on items labeled as USDA-certified organic. That raised questions about transparency and whether such use aligns with consumer expectations for organic foods.

Organic certification in the United States generally prohibits synthetic chemical treatments unless specifically allowed under federal guidelines. Although ProduceMaxx is approved for certain uses, critics argue that applying it directly to organic produce—especially without disclosure—undermines the spirit of organic labeling. Consumers often pay higher prices for organic goods with the expectation that they are minimally processed and free from synthetic additives.

Under the settlement, Albertsons and its affiliated chains—including Tom Thumb, Randalls, and United Supermarkets—will cease using ProduceMaxx or similar antimicrobial pesticides in misting systems for organic produce in Texas stores. Additionally, employees must now rinse any treated organic items with potable water before they are displayed for sale.

Paxton called the agreement a “historic win” for transparency and consumer trust, emphasizing that Texans deserve to know exactly how their food is handled. He also praised Texas-based H-E-B, along with Whole Foods Market and Natural Grocers, for avoiding such practices altogether. Meanwhile, Sprouts Farmers Market was encouraged to adopt similar standards.

So, is ProduceMaxx really a pesticide? Technically, yes—it is classified as an antimicrobial pesticide by the EPA because it is designed to kill microorganisms like bacteria. However, it is not used to control insects or weeds, which is what most consumers associate with pesticides. That distinction has fueled debate: regulators view it as a food safety tool, while critics see its undisclosed use on organic produce as misleading.

The settlement, formalized through an Assurance of Voluntary Compliance, signals increased scrutiny of how “organic” food is handled after harvest—and may prompt broader changes across the grocery industry.