New Lawsuit Suggests Popular Candy Is ‘Unsafe’ to Eat Due to Use of ‘Known Toxin’
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A California resident is suing the candy manufacturer Mars over titanium dioxide levels in Skittles.
The lawsuit alleges that the compound, which gives Skittles their color, is “unfit for human consumption” due to genotoxicity, or the potential to alter DNA.
While Mars has previously announced its intention to phase out use of artificial colorings, the company maintains that its use of titanium dioxide complies with Food and Drug Administration guidelines.
Skittles fans look forward to tasting the rainbow—it’s the brand’s slogan, after all. But one California resident is suing the candy’s manufacturer, Mars, over the very ingredient that gives the candy its bright color. In a lawsuit filed in U.S. District Court for the Northern District of California on Thursday, per USA Today, consumer Jenile Thames alleged the sugary snack is “unfit for human consumption” because it contains “heightened levels” of titanium dioxide.
Titanium dioxide is an odorless powder that enhances the opacity or white color of foods, cosmetics, and other over-the-counter products. According to the Food and Drug Administration (FDA), it can “be safely used for coloring foods generally,” but there are limits to its concentration, for example, the quantity of it cannot exceed 1% of the food’s weight.
In recent years, more information and research about titanium dioxide’s potential carcinogenic and generally disruptive properties has surfaced. And in May 2021, the European Food Safety Authority announced that it “can no longer be considered safe as a food additive” due to genotoxicity concerns, or the possibility that it can accumulate in the body and modify DNA.
Thames cited similar concerns in his lawsuit, per Today, claiming that Skittles consumers are “at heightened risk of a host of health effects,” adding that the candy’s ingredient label is difficult to read due to the contrasting colors of its font and packaging.
In 2016, Mars pledged to the Center for Food Safety to phase out the use of artificial colors in their candies over the following five years, including titanium dioxide. Thames’ suit claims that the company has not fulfilled its promise and has failed “to inform consumers of the implications of consuming the toxin.” He seeks damages for alleged fraud and multiple violations of California consumer protection laws, per Today.
Mars has not publicly responded to the allegations but did provide a statement to Today regarding its use of titanium dioxide. “While we do not comment on pending litigation,” it read, “our use of titanium dioxide complies with FDA regulations.”
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