Mars Corporation, the maker of Skittles candy, is facing a lawsuit for containing unsafe levels of a known toxin, titanium dioxide. The additive is also used as a chemical in foods, paints, and cosmetics.
Jenile Thames, a resident of San Leandro, filed a lawsuit against Mars Company on Thursday at the U.S. District Court for the Northern District of California. According to the lawyer, Thames is seeking class-action status, alleging that people consuming Skittles are "at heightened risk of a host of health effects for which they were unaware stemming from genotoxicity - the ability of a chemical substance to change DNA," according to The Guardian.
When asked for comment, Mars said it would not comment on pending litigation and clarified that its use of titanium dioxide complies with U.S. Food and Drug Administration (FDA) regulations.
"Heightened levels" of titanium dioxide
Thames' attorney also argued that Mars is not adequately warning consumers of the health risks of titanium dioxide.
The omission would make a reasonable consumer believe that the product can be safely purchased, consumed, and marketed as sold.
The complaint added that the products are unsafe and pose a significant risk to unsuspecting consumers.
It pointed out that several of Mars' competitors, like Sour Patch Kids and Nerds, do not use titanium dioxide. Thames' lawyer noted that Mars' other confectionery products, such as M&M, "do not rely" on titanium dioxide.
Thames is seeking damages for fraud and multiple violations of California consumer protection laws.
According to Forbes, Skittles have been using titanium dioxide since the 1940s, but it has increased its use over recent decades. Titanium dioxide is commonly used as a bleaching agent, shining agent, and an ingredient for preventing caking and clumping of food products such as candies and make-up.
In 2016, Mars Corporation announced they would eliminate the substance from Skittles by 2021. However, as of 2022, titanium dioxide remains one of the candy's ingredients.
Banned in Europe
The powdery substance, called E171 in Europe, was banned as a food additive early this year. In May 2021, the European Food Safety Authority announced that titanium dioxide could no longer be considered safe as a food additive due to its genotoxicity concerns.
Genotoxicity is the ability of chemicals to damage genetic information, such as Deoxyribonucleic Acid (DNA). According to Maged Younes, chair of EFSA's expert Panel on Food Additives and Flavorings, Titanium dioxide absorption after oral ingestion is low but accumulates in the body.
In the U.S., the removal of titanium dioxide as a food additive has yet to be authorized. Per FDA's regulations, titanium dioxide, which is used as a color additive, may still be used for coloring foods. However, it noted that it has restrictions, such that the quantity of titanium dioxide should not exceed one percent (1%) of the food's weight, USA Today reports.
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