Candy giant Mars Inc is being sued by a consumer claiming that its product Skittles is “unfit for human consumption”.
The lawsuit filed by Jenile Thames in Oakland, California on Thursday alleges that Skittles contain “heightened levels” of titanium dioxide (TiO2), a colour additive, according to NBC News.
A Mars spokesperson told Today that “while we do not comment on pending litigation, our use of titanium dioxide complies with FDA regulations”.
The lawsuit states that Mars “has long known of the health problems posed” by TiO2 and that they “committed to phasing out” the use of TiO2 in February 2016 but still haven’t done so.
The filing notes that the substance was outlawed in France in 2019 and that Mars said it would follow the new laws there.
The European Food Safety Authority found last May that TiO2 “could not be considered safe for consumption”, leading to the European Commission saying that “a ban on the use of TiO2 as a food additive” would be put in place.
The lawsuit states that Mars is still using the additive in its US products and hasn’t informed “consumers of the implications of consuming the toxin”.
Consumers “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”, the filing adds.
It further claims that Ti02 - which is used in adhesives, paints, plastics, coatings, as well as printing inks and roofing materials - “has demonstrated an ability to pass through biological membranes, circulate through the body and enter cells”.
The lawsuit states that Mr Thames wouldn’t have bought Skittles if he had been aware that it contained TiO2, arguing that it’s difficult to read the ingredients because of the stark difference between the colour of the font and the packaging.
Mr Thames is seeking damages for fraud as well as California consumer protection laws violations.
The Independent has reached out to Mars Inc for comment.
