OAKLAND, Calif. — A new lawsuit that was filed on Thursday in California claims that Skittles candies are too toxic to eat.
According to Reuters, Mars Inc. has been sued by a consumer in California who claims that the candies are not edible because they have a toxin in them that they claim the company said was going to phase one about six years ago.
The consumer, Jenile Thames, accused Mars of “endangering unsuspecting Skittles eaters by using “heightened levels” of titanium dioxide,” which is also listed as TiO2 as an additive in food, according to Reuters. He claims in the lawsuit that when he bought some Skittles at a gas station in April, he tried to check the label for the ingredients but claimed it was hard to read on the red packaging.
In a statement to the Today Show, a spokesperson at Mars said they don’t make any comments about pending litigation and that the company’s use of titanium dioxide complies with the U.S. Food and Drug Administration’s regulations.
According to Bloomberg Law, titanium dioxide is also used in paints, adhesives, plastics and other products. It can also cause DNA/chromosomal damage, inflammation, organ damage, and other health issues, according to the lawsuit obtained by Bloomberg Law. The lawsuit also claims that France banned titanium dioxide back in 2019.
Apparently, Mars in February 2016 pledged to remove artificial colors from food products over the following five years, impacting their chocolate, gum, food, drink and other products, per a press release from Mars in February 2016.
“Artificial colors pose no known risks to human health or safety, but consumers today are calling on food manufacturers to use more natural ingredients in their products. Against this backdrop, Mars will work closely with its suppliers to find alternatives that not only meet its strict quality and safety standards, but also maintain the vibrant, fun colors consumers have come to expect from the company’s beloved brands,” Mars said.
In October 2016, according to Reuters, Mars confirmed that titanium dioxide was among the “colorants” that were being removed, per the nonprofit Center for Food Safety.
The U.S. Department of Federal Agricultural Service on March 3, said the European Commission has been working to ban titanium dioxide over a 6-month phasing-out period, which started on February 7, 2022, and is expected to end on August 7, 2022, before it is fully banned.
Reuters said that the lawsuit is seeking “unspecified damage for fraud and violations of California consumer protection laws.”