According to a lawsuit submitted on Thursday in a federal court in northern California, Skittles candies—whose motto is “taste the rainbow” because of their variety of colors—contain the “known poison” titanium dioxide, making them “unfit for human consumption.” A San Leandro resident named Jenile Thames filed a lawsuit against Mars Inc, the manufacturer of Skittles, requesting class-action status and claiming that those who consume 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 legal lawsuit, Mars has long been aware of the purported dangers of this chemical and officially announced in February 2016 that it will phase out titanium dioxide. According to court documents, Mars declared that it will adhere to this requirement after France prohibited titanium dioxide in 2019. In the complaint filed by Thames, it is claimed that six years ago, Mars “blew smoke” when it made that commitment, hinting that the phase-out was taking place simply because “consumers now are asking on food manufacturers to utilise more natural ingredients in their goods.”
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Thames’ lawsuit added, “Incredibly, Defendant even stated that “[a]rtificial colours pose no recognised dangers to human health or safety.” By doing this, the defendant “hid [important] information] it knew from consumers.” Thames claims that Mars is “failed to inform customers of the ramifications of consuming the poison” by continuing to sell confectionery in the US that contains titanium dioxide as an additive. (Ingredients lists differ; some state that titanium dioxide may or may not be present.)
Instead, according to court documents, the defendant “relies on the ingredient list that is provided in tiny print on the back of the Products, which is made even more difficult to read by the lack of colour contrast between the font and packaging, as set out below in a manner in which consumers would normally view the product in the store.” Thames claimed that neither before nor at the moment of purchase, Mars properly informed Skittles customers of the alleged dangerous chemical, nor did it advise them that these candies “should otherwise be regarded with caution.”
Titanium dioxide is “a pigment often used to give a hazy look and white background colour,” according to the European Food Safety Authority, and is typically used in sweets and baking. Titanium dioxide “can no longer be deemed safe as a food additive,” the authority declared in 2021. The fact that we were unable to rule out genotoxicity concerns following ingestion of titanium dioxide particles, the authority stated, was a crucial factor in coming to this conclusion. Titanium dioxide particles are poorly absorbed after oral consumption, although they can build up in the body.
In an email, a Mars representative stated that the firm does not address ongoing legal matters. Big articles from The Guardian are frequently shared with competing news sources. The scoops from other newsrooms are typically kept to themselves. But we are aware that when we are numerous, we are more powerful and stronger. We can reach a wider audience with our courageous investigative reporting.
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