Texas Attorney General Ken Paxton (R) is investigating three major food manufacturers over whether their “heart-healthy” marketing violates Texas consumer-protection law, his office announced Monday.
Paxton issued civil investigative demands to Frito-Lay, Flora Food Group and ACH Foods. His office will examine whether the companies misrepresented the health value of products sold to Texans in violation of the Texas Deceptive Trade Practices Act.
The demands seek information for the investigation. Paxton’s office has not announced findings or filed a lawsuit against the companies over the labels.
As previously reported by The Dallas Express, Paxton used a similar inquiry before securing a legally binding agreement requiring Kellogg’s to remove artificial dyes from its U.S. cereals by the end of 2027.
What Paxton alleges
Paxton’s release described the American Heart Association’s red heart-and-checkmark symbol as a “trusted shorthand” for consumers seeking heart-healthy foods and said many companies use similar labeling. The release did not identify the AHA or its Heart-Check program as a target of the investigation.
Paxton’s office alleged that many products marketed as “heart healthy” contain added sugars, refined grains and what it described as inflammatory properties. It cited Mazola Canola Oil and SunChips, claiming products like them are high in omega-6 fatty acids that 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 release did not identify studies supporting those broad medical claims or include responses from the companies. An American Heart Association representative told The Dallas Express that Paxton’s inquiry focuses on the food manufacturers and does not identify the association or its Heart-Check program as a target.
Medical claims remain disputed
The American Heart Association says products bearing its mark must meet criteria for saturated fat, trans fat, cholesterol and sodium, as well as federal requirements governing coronary heart disease claims. The organization’s guidance recommends liquid plant oils, including canola and corn oil, as replacements for saturated fats.
An independent Cochrane review of 19 randomized trials found that increasing omega-6 intake may make little or no difference to cardiovascular events or deaths, reduces total cholesterol and may lower heart attack risk. The reviewers rated much of the outcome evidence as low or very low quality.
Those findings do not determine whether any specific package misleads consumers under Texas law. That is the question Paxton’s office says it is investigating.
Update: This article was updated to clarify that Paxton’s investigation targets Frito-Lay, Flora Food Group and ACH Foods, not the American Heart Association or its Heart-Check program. The original image was also replaced.
