Texas Attorney General Ken Paxton has opened a statewide investigation into major grocery chains, he says are quietly misting organic fruits and vegetables with an antimicrobial product called Produce Maxx without telling shoppers. Paxton is demanding that any store using the spray put up clear signs and warn customers to rinse organic produce before eating it, arguing that the undisclosed treatment undercuts consumer trust. His office says the product is a chlorine-based antimicrobial and suggests that federal organic rules may require a rinse after this kind of treatment.
Paxton opens statewide investigation
According to a press release from the Texas Attorney General’s office, Paxton claims that thousands of grocery stores use Produce Maxx to mist fruits and vegetables in order to "control bacteria and extend shelf life." The release accuses retailers of keeping pesticide containers out of public view and stresses that many Texans specifically pay extra for organic produce to avoid synthetic pesticides. Paxton is pressing grocers to post in-store notices and explicitly tell customers to rinse items that have been treated. The announcement does not identify any grocery chains by name and describes the probe as a statewide inquiry.
What Produce Maxx is and what the maker says
Chemstar, which manufactures Produce Maxx, promotes it as an EPA-registered antimicrobial wash for fruits and vegetables that can be used for crisping, washing, preparing cut fruit, and misting displays. The company’s product information says misting systems are calibrated so that the solution hitting produce contains no more than about 4 parts per million (ppm) of chlorine, which it notes is in the same general range as drinking water standards. Chemstar says the treatment helps cut down on bacteria and spoilage when used as directed and that Produce Maxx is listed for certain organic handling uses when its label instructions are followed.
Federal organic rules require limits and rinsing
Federal organic regulations do allow some chlorine materials in organic handling, but only under specific conditions. The rules state that chlorine levels in water that directly contacts food must comply with Safe Drinking Water Act limits, and that a potable water rinse must follow in situations where it is required. Those provisions are laid out in the National Organic Program section of the Code of Federal Regulations. Paxton’s office points to those standards to argue that shoppers should be informed when antimicrobial sprays are used and told to rinse treated organic produce.
Fact checks and conflicting claims
Independent fact checkers have noted that online outrage over Produce Maxx has sometimes gone beyond what the evidence supports. Viral social media posts have portrayed the product as something more sinister than what it is, even though it is registered with the Environmental Protection Agency as an antimicrobial rather than as a herbicide or insecticide, as PolitiFact reports. At the same time, prior coverage and company documents show that the manufacturer and some grocery retailers have deployed the misting system in stores, a point highlighted by the Houston Chronicle in its reporting on Paxton’s announcement. Those overlapping claims still leave unanswered questions about how strong the spray is by the time it reaches produce on display and how consistently stores rinse items after treatment.
Simple steps shoppers can take
Federal food safety advice for consumers remains fairly straightforward: rinse fresh fruits and vegetables under cold running tap water and scrub firm produce with a clean brush when it makes sense to do so. The guidance also warns against using soap, bleach or other household cleaners on food. FoodSafety.gov notes that plain water is effective at removing dirt and many microbes and that there is no need for commercial produce washes. For shoppers who are uneasy about store misting systems, rinsing organic produce at home and asking store managers whether antimicrobial sprays are in use are practical options.
What’s next
Paxton’s office says it is moving forward with a statewide investigation and has told grocers that if they keep using antimicrobial misting systems, they must put up clear signs and instructions. The office has not provided a timeline or revealed which retailers are under scrutiny. Depending on what investigators find, the state could explore consumer protection or labeling enforcement and examine whether store practices comply with USDA organic regulations and EPA pesticide rules. For now, the dispute is framed as a fight over transparency and food safety, while key details about how widespread and how intensive the spraying is in Texas stores are still unsettled.
