Texas Attorney General Secures ‘Historic’ Promise Kellogg Already Made

WK Kellogg Co has signed an agreement with the Texas attorney general to remove artificial food colorings from its cereals by the end of 2027.

Texas Attorney General Ken Paxton called it “a historic Assurance of Voluntary Compliance (AVC), which certifies that the company is legally agreeing to remove artificial food colorings from its cereals by the end of 2027.”

Historic in the sense it’s a signed agreement, but Kellogg on July 22 made a public pledge to start replacing colors next year, to have most of them out by the end of 2026 and to have all FD&C colors out by the end of 2027.

“While other companies have verbally committed to removing food dyes, Kellogg is the first to officially sign a legally binding agreement confirming that it will remove food colorings,” the Texas announcement said.

The attorney general’s announcement did not specify which colors. Red 3 already is banned as of Jan. 15, 2027, and federal officials have received promises from dozens of food, beverage and ice cream companies – Kellogg included – to meet a suggested Dec. 31, 2026 deadline for removal of at least six more petroleum-based colors: Blue 1&2, Green 3, Red 40 and Yellow 5&6.

The Kellogg-Texas agreement follows a months-long investigation, which apparently includes Mars Inc. Paxton’s office on July 16 revealed an investigation into Mars for reneging on a 2016 public pledge to “remove all artificial colors from its human food products” – as quoted by the Texas AG.

Mars, which makes M&M’s, Skittles and other brightly colored candies, removed the synthetic colors from its products distributed in Europe but “chose not to remove the toxic dyes from products sold in the U.S.,” according to Paxton. He’s investigating the company “for deceptive trade practices that violate Texas consumers’ rights.”

Mars has not responded publicly and directly to the Texas issue, but the company did announce in August it will offer “options” made without FD&C colors in four of its leading products: M&M’s Chocolate, Skittles Original, Extra Gum Spearmint and Starburst Original fruit chews. They’re coming sometime in 2026 but apparently online only.

As for whether more products will be converted, the candy giant said, “When we have identified fully effective, scalable solutions across the entire portfolio, we will share additional item commitments and timelines.”

Mars also repeated assertions that consumers are not that concerned about synthetic colors in candy and other products considered indulgences.