FROM THE AG

Paxton announces investigation into Kellogg’s regarding artificial dyes

AUSTIN — Attorney General Ken Paxton has announced an ongoing investigation into WK Kellogg Co. (“Kellogg’s”) for potentially violating Texas consumer protection laws.

The company advertises and sells cereals such as Froot Loops, Apple Jacks, Frosted Flakes, and Rice Krispies. In its marketing, Kellogg’s has advertised its products as “healthy.”

Yet, some of its cereals are filled with petroleum- based artificial food colorings that have been linked to hyperactivity, obesity, autoimmune disease, endocrine- related health problems, and cancer in those who consume them.

Kellogg’s cereals specifically contain different types of blue, red, yellow, green, and orange artificial food colorings. Kellogg’s had announced it would remove these artificial food dyes and the preservative BHT from its products, but it has not done so in the United States—despite removing these unhealthy ingredients in Canada and Europe.

“A critical part of fighting for our children’s future is putting an end to companies’ deceptive practices that are aimed at misleading parents and families about the health of food products,” said Attorney General Paxton. “Artificial food colorings have been shown to have disastrous impacts on health, and in no world should foods that include these dyes be advertised as ‘healthy.’ There will be accountability for any company, including Kellogg’s, that unlawfully makes misrepresentations about its food and contributes to a broken health system that has made Americans less healthy.”

AG announces investigation into USA Fencing AUSTIN — Attorney General Ken Paxton is announcing an investigation and issuing a Civil Investigative Demand (“CID”) to USA Fencing over potential violations of Texas state law.

USA Fencing recently disqualified a female competitor, Stephanie Turner, for bravely taking a knee instead of competing against a biological male. The investigation will uncover documents related to USA Fencing potentially engaging in false, deceptive, and misleading acts and practices.

“USA Fencing is on the wrong side of history and potentially the wrong side of the law due to violations of Texas consumer protection laws,” said Attorney General Paxton. “USA Fencing’s policies are not only potentially illegal, but also deeply insulting to the young women like Stephanie Turner who have sacrificed so much and dedicated countless hours to compete and succeed in competitions. I will fight to stop these unfair policies, and I will never back down from defending the integrity of women’s sports.”

Paxton supports wounded veteran at SCOTUS

AUSTIN — Attorney General Ken Paxton joined a multistate coal ition in supporting wounded veteran Winston Hencely in his suit against the Fluor Corporation, a military contractor, for negligent conduct that enabled a suicide bomber on their payroll to conduct a terror attack.

As soldiers gathered for a Veterans Day event at the Bagram Airfield in Afghanistan in 2016, a former Taliban insurgent employed by the Fluor Corporation named Ahmad Nayeb detonated a bomb killing five American soldiers and wounding fifteen others.

A military investigation revealed that Fluor’s lack of supervision and negligent security protocols had enabled Nayeb to use materials on the base to build the bomb and enter restricted areas.

Hencely, who was wounded in the attack, sued Fluor under a South Carolina law but the Fourth Circuit wrongfully ruled that the Federal Tort Claims Act (“FTCA”) somehow foreclosed the state-law claims even though FTCA’s exceptions expressly do not apply to military contractors.

The Fourth Circuit’s attempt to rewrite federal law is an affront to the separation of powers and states’ rights. Attorney General Paxton joined a coalition of State Attorneys General in a West Virginia-led amicus brief supporting Hencely in his appeal to the Supreme Court of the United States.

“The brave people who serve our country like Winston Hencely deserve justice when harmed by the reckless actions of mil itary contractors,” said Attorney General Paxton. “The Fluor Corporation’s inaction negligently endangered American soldiers, and the Fourth Circuit inexplicably ignored federal law in an attempt to shield the contractor from accountability. I will always support our veterans and fight back against judicial overreach that undermines the rule of law.”

AG joins amicus brief opposing DC gun restrictions AUSTIN — Attorney General Ken Paxton joined a multistate coalition in filing an amicus brief in the Supreme Court of the United States opposing the unconstitutional gun restrictions imposed by the District of Columbia which infringes on Americans’ Second Amendment rights.

“The Supreme Court has clearly ruled that the only exceptions to our strong Second Amendment rights must be based on indisputable history and tradition of freedom in America,” said Attorney General Paxton. “And there is no basis for the ridiculous, unconstitutional, and dangerous restrictions forced on the gun rights of the citizens living in our nation’s capital. The left-wing anti-freedom radicals running D.C. must be prevented from trampling on our constitutional rights.”

Attorney General Paxton, joined by twenty- five other State Attorneys General in a West Virginia-led amicus brief, asked the Supreme Court to take up a challenge to the District of Columbia’s lawless restrictions on the Second Amendment.