A consumer is suing the maker of Mars candy, alleging Bowling game they contain a “known toxin” that makes rainbow candy “unfit for human consumption.”
In a lawsuit seeking class action status filed Thursday in the U.S. District Court for the Northern District of California, attorneys for San Leandro resident Jenile Thames said Skittles were not safe for children. consumers because they contain “elevated levels” of titanium dioxide.
mars inc uses titanium dioxide to produce Skittles’ well-known range of artificial colors. In 2016, the candy manufacturer shared publicly its intention to remove titanium dioxide from its products in the next few years, Thursday’s complaint noted, but titanium dioxide is still used in products like Skittles today.
in a statement sent by Mars to TODAY and various other media outlets, the company said, “While we do not comment on pending litigation, our use of titanium dioxide is in compliance with FDA regulations.”
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USA TODAY reached out to Mars for additional comment on Saturday.
According to the FDA Code of Federal Regulations“Titanium dioxide color additive can be safely used to color food in general”, but there are various restrictions, such as the amount of titanium dioxide not to exceed 1% of the weight of the food.
While the regulated use of titanium dioxide in food products remains legal in the US, it has been banned in some other countries, including throughout Europe. In May 2021, the European Food Safety Authority Announced that titanium dioxide “can no longer be considered safe as a food additive”, highlighting the importance of concerns about genotoxicity, 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, however, they can accumulate in the body,” Maged Younes, chair of the EFSA Expert Panel on Food Additives and Flavorings, said in a statement on Thursday. that moment.
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In Thursday’s complaint, Thames’ lawyers argued that, in addition to the continued use of titanium dioxide in its products like Skittles, Mars was failing to adequately warn consumers about these health risks.
“Based on Defendant’s omissions, a reasonable consumer would expect the Product to be safely purchased and consumed as marketed and sold,” the lawsuit reads. “However, the Products are not safe and pose a significant health risk to unsuspecting consumers. However, neither before nor at the time of purchase does the Defendant notify consumers like (Thames) that the Products are not safe for consumers, contain elevated levels of titanium dioxide, and should otherwise be approached with caution.”
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Thursday’s complaint also pointed to several Mars competitors that the lawsuit alleges don’t use titanium dioxide to color their products, such as Sour Patch Kids and Nerds. In addition, Thames’ lawyers pointed out that Mars has other confectionery products, such as M&Ms, “that are not dependent” on titanium dioxide.
Thames is seeking damages, to be determined summarily at trial, for fraud and multiple violations of California consumer protection laws.
