Lawsuit claims Skittles are ‘unfit for human consumption’

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Consumers have formed a group and initiated a lawsuit against candymaker Mars, alleging Skittles contain known toxins which make the candy “unfit” for human consumption.

The class-action lawsuit was filed late last week in California and alleges the candy contains “heightened levels” of titanium dioxide, TiO2, as a food additive. The lawsuit goes on to say titanium dioxide will be banned in the European Union as early as next month due to food safety regulators deeming TiO2 unsafe because of “genotoxicity,” or the ability to change DNA.

According to Mars Inc., TiO2 is used to produce Skittles’ rainbow of artificial colors. In a 2016 press release, the company claimed it would be removing the titanium dioxide from its products, but the lawsuit states that never happened. Furthermore, the lawsuit states titanium dioxide is used in paint, adhesives, plastics, and roofing materials and can cause DNA changes, brain and organ damage, and lesions in the liver and kidneys.

“A reasonable consumer would expect that [Skittles] can be safely purchased and consumed as marketed and sold,” the complaint said. “However, the products are not safe.”

According to the FDA’s Code of Federal Regulation, “The color additive titanium dioxide may be safely used for coloring foods generally.” Furthermore, the GDA regulates the quantity of titanium dioxide must not exceed 1 percent of the food’s total weight.

The lawsuit seeks damages for fraud and violations of California consumer protection laws. The case is Thames V Mars Inc, U.S. District Court, Northern District of California, No. 22-04145.