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THE a group of consumers is suing candy maker Mars claimed that Skittles contained a “known toxin” that made the rainbow candies “unfit” to eat.
A class-action lawsuit filed Thursday by Jenile Thames, a San Leandro resident in Oakland, Calif., claims Skittles is unsafe for consumers because it contains “high levels” of titanium dioxide.
This June 1, 2016 file photo shows Skittles in New York. Mars Inc., maker of Skittles and M&Ms, is breaking ranks with other food companies. He slams an industry-sponsored paper that says the recommendations to limit sugar are based on us (AP Photo/Mark Lennihan, File/AP Newsroom)
It is seeking class action status in the US District Court Northern District of California on Thursday, attorneys for San Leandro resident Jenile Thames said Skittles are unsafe for consumers because they contain “high levels” of titanium dioxide, TiO2, as a food additive.
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The lawsuit also said titanium dioxide will be banned in the European Union next month after a food safety regulator there deemed it dangerous due to its “genotoxicity,” or ability to alter DNA.
Mars Inc. Skittles uses titanium dioxide to produce a rainbow of artificial colors. Candy maker in October 2016 shared in the press release It plans to phase out titanium dioxide from its products in the coming years, but today, titanium dioxide is still used in products like Skittles, the lawsuit says.
Titanium dioxide is allegedly used in paint, adhesives, plastics and roofing, and DNA, brain and organ damageas well as liver and kidney damage.
“A smart consumer can expect this [Skittles] can be safely purchased and consumed as marketed and sold,” the complaint stated. “However, the products are not safe.”
Skittles candies appear in a store. | Getty Images
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In May 2021 This was reported by the European Food Safety Organization that titanium dioxide “can no longer be considered safe as a food additive.” However, the dietary supplement is still legal in the United States.
According to the FDA Federal Regulation Code, “The color additive titanium dioxide can generally be used safely to color foods.” However, the FDA does not limit the amount of titanium dioxide to more than 1% by weight of the food.
The suit seeks unspecified damages for fraud and violation of California consumer protection laws.
Thames, of San Leandro, Calif., said she bought Skittles at QuikStop in April and wouldn’t have done it if she had known.
Thames argues that label checking won’t help because Ingredients on Skittles bright red packages are hard to read.
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The case is Thames V Mars Inc, US District Court, Northern District of California, No. 1. 22-04145.
Mars did not immediately respond to Fox News’ request for comment.
Reuters contributed to this report.
