A settlement between Texas Attorney General Ken Paxton and Albertsons Safeway LLC is being described by state officials as a major win for consumer transparency after the grocery company agreed to halt the use of synthetic antimicrobial misting systems on organic produce in Texas stores.
The agreement follows a January investigation into whether USDA-certified organic fruits and vegetables were being treated with chemical agents after harvest without clear disclosure to shoppers.
At the center of the case is ProduceMaxx, an Environmental Protection Agency (EPA)-registered antimicrobial solution containing hypochlorous acid, a chlorine-based compound used to reduce bacteria in food-handling environments.
State officials say the product had been deployed in produce-misting systems across large grocery networks, including on items labeled organic, raising questions about how such treatments align with consumer expectations for organic certification.
Regulators emphasized that the dispute focused less on food safety technology itself and more on transparency in labeling and retail practices.
While ProduceMaxx is regulated as a pesticide under EPA rules due to its antimicrobial function, it is widely used across the food supply chain for sanitation purposes.
The controversy centers on whether its application on organic produce should be more clearly disclosed under existing labeling standards, according to KSST Radio.
Under the settlement agreement, Albertsons and its affiliated grocery banners—including Randalls, Tom Thumb, United Supermarkets, Market Street, and Amigos—will cease using ProduceMaxx and similar synthetic antimicrobial agents in misting systems on organic produce in Texas.
The agreement also requires that any previously treated organic produce be rinsed with potable water before being placed on sale in stores, according to the legally binding Assurance of Voluntary Compliance.
Paxton called the agreement a significant victory for Texas consumers, saying shoppers should be fully informed when purchasing premium-priced organic foods.
He also pointed to retailers such as H-E-B, Whole Foods Market, and Natural Grocers as examples of companies that do not use similar practices while encouraging other chains, including Sprouts Farmers Market, to follow suit.
“This is a huge win for Texans seeking to avoid synthetic pesticides when purchasing organic produce,” Paxton said. “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.”
The settlement, formalized through an Assurance of Voluntary Compliance, creates binding obligations for Albertsons and its subsidiaries across Texas, establishing uniform compliance requirements for affected locations.
State officials said the agreement could influence how organic produce-handling practices are regulated and disclosed at the retail level moving forward.
Industry reporting notes that ProduceMaxx is not used as an insecticide or herbicide but is classified as a pesticide because it is designed to eliminate microorganisms such as bacteria.
That classification has fueled debate among regulators, retailers, and consumer advocates over how post-harvest antimicrobial treatments should be labeled when applied to organic products, the Houston Chronicle reported.
Supporters of stricter disclosure rules argue that consumers paying higher prices for organic produce expect minimal synthetic treatment unless clearly stated.
Others in the food industry counter that antimicrobial sanitation systems are a standard and necessary part of modern food safety practices, particularly in large-scale distribution.
The Texas Attorney General’s Office said it will continue monitoring compliance and indicated that additional retailers operating in the state could face similar scrutiny if comparable practices are identified.
Officials framed the settlement as part of a broader effort to strengthen transparency and reinforce consumer trust in food labeling standards across the supply chain.
