Skittles 'Unfit For Human Consumption' Due To Toxin: CA Lawsuit

SAN LEANDRO, CA — A San Leandro man is suing the maker of Skittles in federal court, saying the candies contain a dangerous toxin that make them "unfit for human consumption," and accusing the company of flouting its 2016 promise to remove the chemical.

Attorneys filed the class-action lawsuit last week on behalf of Jenile Thames and other consumers who bought and ate the candies.

The crux of the lawsuit, obtained by San Leandro Patch, revolves around titanium dioxide, a chemical found in Skittles that the plaintiffs called "a known toxin."

The chemical has been well accepted in the food industry and is often added to various food products, mainly for whitening and texture, according to a 2011 article published in the National Library of Medicine. It's found in some cottage and mozzarella cheeses, horseradish cream and sauces, lemon curd and in low-fat products such as skimmed milk and ice cream. The FDA has said the chemical can be safely used as a color additive for coloring foods.

Titanium dioxide is considered an "inert and safe material and has been used in many applications for decades," the article authors said. However, some studies show that titanium dioxide nanoparticles can cause adverse effects that result in cell damage, genotoxicity, inflammation and immune response.

"The extent and type of damage strongly depends on physical and chemical characteristics of [titanium oxide] nanoparticles, which govern their bioavailability and reactivity," the authors wrote.

Titanium dioxide nanoparticles are classified as a possible cancer-causing chemical for humans by the International Agency for Research on Cancer. They're also considered an occupational carcinogen by the National Institute for Occupational Safety and Health.

Mars, the maker of Skittles, has "long known of the health problems" posed by the chemical, the lawsuit contends.

"In fact, in February 2016, Defendant publicly committed to phasing out TiO2," the lawsuit said. "But Defendant has flouted its own promise to consumers. More than six years later, Defendant continues to sell the Products with TiO2, unbeknownst to reasonable consumers who purchase the Products."

Mars, which has its domestic headquarters located in McLean, Virginia, told Patch in a statement Thursday: "While we do not comment on pending litigation, our use of titanium dioxide complies with FDA regulations."

In a February 2016 news release, Mars said it would remove all artificial colors from its human food products as part of its pledge to meet what it called "evolving consumer preferences." Mars said its chocolate, gum, confection, food and drink products would be affected by the change, and that they'd be phased out incrementally over the next five years.

However, Mars contended at the time that artificial colors don't pose any known risks to human health or safety. It said consumers urged food manufacturers to use more natural ingredients in their products, and as such, it would work with suppliers to find safe alternatives that meet its quality standards, while also keeping product colors vibrant and fun.

"We're in the business of satisfying and delighting the people who love our products," Grant Reid, the company's president and CEO, said at the time. "Eliminating all artificial colors from our human food portfolio is a massive undertaking, and one that will take time and hard work to accomplish. Our consumers are the boss and we hear them. If it's the right thing to do for them, it's the right thing to do for Mars."

The news release didn't specifically mention titanium dioxide.

The lawsuit said Mars "blew smoke" with the announcement by claiming regulators deemed the chemical safe and framing the decision as a move made due to consumer preference.

"In doing so, Defendant concealed from consumers material information it knew. Namely, that numerous of its competitors and other food manufacturers had long removed the toxin from their product lines because of scientific research showing that the toxin is unsafe for consumption," the lawsuit said.

Multiple countries have banned titanium oxide. The European Commission announced in January that it banned the chemical as a food additive, and the ban was to become effective this summer. European Union member states unanimously endorsed the move, which was based on the European Food Safety Authority's scientific opinion. The authority concluded the chemical could no longer be considered safe when used as a food additive.

“The safety of the food our citizens eat and their health are non-negotiable," Stella Kyriakides, head of Health and Food Safety, said in a statement at the time. "This is why we ensure strict and continuous scrutiny of the highest safety standards for consumers. A cornerstone of this work is to make sure that only safe substances, backed by sound scientific evidence, reach our plates. With today's ban, we are removing a food additive that is no longer considered as safe."

But, in the United States, Mars continues to sell Skittles candies with titanium oxide as an additive, the lawsuit said. The company discloses the ingredient on the back of the package, but the lawsuit argued was challenging to read due to its small font, lack of contrasting color between the font and print, and its exceedingly low placement.