Consumer sues candy maker Mars, alleging that Skittles contain a “known toxin” that renders rainbow candy “unfit for human consumption.”
In a lawsuit seeking class action status filed in US District Court for the Northern District of California on Thursday, attorneys for Jenel Thames of San Leandro said Skittles are unsafe for consumers because they contain “elevated levels” of titanium dioxide.
Mars Inc. is using Titanium dioxide to produce the well-known synthetic color range for Skittles. In 2016, he was a candy maker generally shared Thursday’s complaint indicated its intent to remove titanium dioxide from its products in the coming years, but titanium dioxide is still used in products like Skittles today.
in Statement sent by Mars to TODAY And several other news outlets, the company said, “While we do not comment on pending litigation, our use of titanium dioxide is in compliance with Food and Drug Administration regulations.”
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USA TODAY reached out to Mars for additional comment on Saturday.
According to the Food and Drug Administration Code of Federal RegulationsColor-added titanium dioxide can be safely used to color foods in general, but there are many limitations – such as the amount of titanium dioxide not to exceed 1% by weight of the food.
While the regulated use of titanium dioxide in food products is still legal in the United States, it has been banned in some other countries, including throughout Europe. In May 2021, the European Food Safety Authority announce that titanium dioxide “can no longer be considered safe as a food additive” – noting the importance of genotoxicity concerns, for example.
genotoxicity It is the ability of chemicals to damage genetic information such as DNA. “After oral ingestion, the absorption of titanium dioxide particles is low, yet they can accumulate in the body,” Majed Younes, head of the team of experts for food additives and flavors at the FRA, said in a statement at the time.
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In a complaint Thursday, Thames lawyers argued that in addition to the continued use of titanium dioxide in its products such as Skittles, Mars has not sufficiently warned consumers about these health risks.
The complaint reads, “Based on the defendant’s omissions, the consumer reasonably expects that the product can be safely purchased and consumed as marketed and sold.” “However, the products are not safe and pose a significant health risk to unsuspecting consumers. However, the defendant did not notify consumers such as (The Times) before nor at the time of purchase that the products were unsafe for consumers, contained high levels of titanium dioxide, and otherwise should Handle it with caution.”
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Thursday’s complaint also pointed to several of Mars’ competitors who, according to the suit, do not use titanium dioxide to color their products — such as Sour Patch Kids and Nerds. Additionally, Thames’ lawyers note that Mars has other confectionery products, such as M&Ms, that are “not based” on titanium dioxide.
Thames is seeking damages, to be determined later at trial, for fraud and multiple violations of California consumer protection laws.
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