Texas Attorney General Ken Paxton has secured a settlement with Albertsons Safeway LLC over the unauthorized use of synthetic pesticides on organic produce in its Texas stores.
The agreement, formalized as an Assurance of Voluntary Compliance, centers on ProduceMaxx, an EPA-registered antimicrobial pesticide containing hypochlorous acid, a chlorine‑based compound.
According to the investigation, thousands of grocery stores across the U.S. have engaged in off‑label use of ProduceMaxx in produce misting systems to control bacteria and extend shelf life. In many stores, the solution was sprayed on produce labeled as organic, potentially misleading consumers who pay premium prices for such items based on an expectation that they would be free from synthetic chemical treatments.
Under the terms of the settlement, all Albertsons-owned grocery stores in Texas are prohibited from using ProduceMaxx or any other synthetic antimicrobial pesticide in misting systems on organic produce. The agreement also requires a potable water rinse on all organic produce after any such treatment. The chains that will implement these changes include Albertsons Market, Randall’s, Tom Thumb, United Supermarkets, Market Street, United Express, Market Street Express and Amigos.
“This is a huge win for Texans seeking to avoid synthetic pesticides when purchasing organic produce,” said Attorney General Paxton. “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 investigation into grocery stores across Texas was launched in January. The settlement is with Albertsons Safeway LLC, the parent company of over 10 different grocery store chains. It applies to all Albertsons-owned stores across Texas.
Paxton’s office also commended Texas‑based grocer H‑E‑B for its practice of not treating organic produce with antimicrobial pesticides, as well as nationwide health chains Whole Foods Market and Natural Grocers. The office encouraged Sprouts Farmers Market to follow the same practices.
For independent grocers, this settlement serves as a reminder of the importance of transparency in organic produce handling. While the agreement impacts Albertsons’ chains, the heightened consumer awareness it generates could influence shopping patterns. Shoppers may increasingly ask questions about how organic produce is treated in-store. Independents who can clearly communicate their practices – and who avoid such synthetic treatments – may gain a competitive advantage by building trust with health‑conscious customers.
The commendation of H‑E‑B and Natural Grocers highlights that a proactive stance on organic integrity can be a point of differentiation. Smaller operators without national supply chains should review their own produce handling procedures to ensure they align with consumer expectations for certified organic products.
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