“Legally binding” dye agreement with WK Kellogg lauded by lawyer

WK Kellogg has entered a legally binding agreement to remove “toxic dyes” from its breakfast cereals, according to Texas Attorney General Ken Paxton.

Paxton said in a statement shared by his office yesterday (13 August) that he has “signed a historic Assurance of Voluntary Compliance” agreement with WK Kellogg, which, he added, “certifies that the company is legally agreeing to remove artificial food colourings from its cereals by the end of 2027”.

Under a transparency commitment on the WK Kellogg website, the company says 85% of its cereals contain no FD&C colours and none contain the Red No. 3 dye.

Reformulations to remove all FD&C colours in cereals served in schools will be completed by 2026-27, the company says, adding: “We will remove FD&C colours from the small percentage of our foods in retail that contain them” by the end of 2027.

However, the pledges are not legally binding.

Just Food has asked WK Kellogg to comment on the Paxton statement.

WK Kellogg responded, repeating the pledges made in the online transparency commitment.

However, the company added: “We appreciate the opportunity to work collaboratively with the Texas AG’s office and share their focus on health and wellness. We see the growing focus on health as an opportunity to meet consumer needs in even more meaningful ways.”

The attorney general launched an investigation in April into WK Kellogg’s claims that its cereals are “healthy”.

Paxton had suggested the products “are filled with petroleum-based artificial food colourings” that have been linked to health issues such as hyperactivity, obesity, autoimmune disorders, hormonal imbalances, and cancer.

And he claimed some of WK Kellogg’s products “specifically contain” artificial food dyes in shades of blue, red, yellow, green and orange.

Yesterday, Paxton lauded the development with WK Kellogg as a “historic legal agreement with a major food company”, which, he said, “represents a significant milestone in the movement to remove toxic dyes from foods and protect the health of all Americans”.

He added: “While other companies have verbally committed to removing food dyes, Kellogg’s is the first to officially sign a legally binding agreement confirming that it will remove food colourings.”

Since President Trump took office, US Health Secretary Robert F. Kennedy Jr. has launched a campaign – under his Make America Healthy Again (MAHA) initiative – to urge major food manufacturers to phase out the use of artificial dyes.

Many have since made pledges to do that but under their own auspices, including Kraft Heinz and General Mills.

In January, the US Food and Drug Administration (FDA) said it planned to ban the use of the Red 3 food colouring additive in food, supplements and ingestible drugs.

Then in April, the FDA unveiled measures to phase out the use of petroleum-based food dyes by the end of next year, followed by the approval in May for the use of three natural colour additives.

Paxton applauded WK Kellogg “for doing the right thing” and urged “other food manufacturers to sign similar agreements to demonstrate their commitment to helping Americans live healthier lives”.

Meanwhile, markets await news of the progress in Ferrero’s takeover of WK Kellogg.

The confectionery giant entered an agreement in July to acquire the business for $3.1bn, with the deal expected to close in the current second half of this year. However, it needs to be signed off by regulators and WK Kellogg’s shareholders.

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