Texas Attorney General Ken Paxton has opened an investigation into three major food manufacturers over whether products marketed as "heart healthy" violate the state's consumer protection laws.
Paxton's office announced Monday that it issued civil investigative demands to Frito-Lay, Flora Food Group and ACH Foods, seeking records related to the companies' marketing of certain food products. The investigation will examine whether the companies misrepresented the health benefits of products sold to Texans in violation of the Texas Deceptive Trade Practices Act.
The investigative demands are requests for information and do not represent findings of wrongdoing. Paxton's office has not filed lawsuits against any of the companies.
The move comes after a similar inquiry led to a legally binding agreement with Kellogg's. Kellogg's agreed to remove artificial food dyes from its U.S. cereal products by the end of 2027.
According to the attorney general's office, some products displaying the American Heart Association's Heart-Check mark or similar "heart-healthy" claims contain added sugars, refined grains and ingredients the office considers inflammatory. The release specifically pointed to Mazola Canola Oil and SunChips, alleging that omega-6 fatty acids found in those products increase the risk of obesity, inflammation, cardiovascular disease, cancer and autoimmune diseases.
"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. "I have seen that many products with this 'heart healthy' label can actually impair heart function."
The attorney general's announcement did not cite scientific studies supporting those broader health claims. It also did not include statements from Frito-Lay, Flora Food Group, ACH Foods or the American Heart Association.
The American Heart Association says products carrying its Heart-Check certification must meet standards for saturated fat, trans fat, cholesterol and sodium, while also satisfying federal requirements governing coronary heart disease claims. The organization continues to recommend replacing saturated fats with liquid plant oils, including canola and corn oil.
Research on omega-6 fatty acids has produced mixed findings. An independent Cochrane review of 19 randomized trials concluded that increasing omega-6 intake may have little or no effect on cardiovascular events or deaths, while lowering total cholesterol and potentially reducing heart attack risk. The review also noted that much of the available evidence was rated as low or very low quality.
