The maker of Skittles, the United States No. 1 non-chocolate candy, is facing a major lawsuit over accusations that it is using a toxic ingredient, Business Insider said. The chemical is a key ingredient in Mars Inc.’s artificial coloring for its chewy, fruity product.
The lawsuit, filed in the Northern District of California, claims that Mars is putting its customers’ health at risk by using titanium dioxide, which, Business Insider noted, the company had vowed in 2016 to remove over a five-year period.
According to Live Science, the compound, which is abundant in the earth’s crust, is also used for paints, sunscreen, medicine, cosmetics, toothpaste, frosting, gum and marshmallows. However, it is indigestible for humans and may cause intestinal problems, as well as damage to chromosomes, inflammation and DNA alterations.
The U.S. Food and Drug Administration says titanium dioxide is generally safe to use in food in small amounts. The agency’s website says the compound “may be safely used for coloring foods generally” but requires that the “quantity of titanium dioxide does not exceed 1 percent by weight of the food.”
Europe, however, is not as lenient. France fully banned titanium dioxide in all foods in 2020, Business Insider said. And next month, a similar ban will go into effect across the European Union.
The EU’s decision followed research from the European Food Safety Authority that did not offer a firm conclusion on the toxicity and dangers of the compound. Still, it did declare that it could no longer be considered safe when used as a food additive.
“Although the evidence for general toxic effects was not conclusive, on the basis of the new data and strengthened methods our scientists could not rule out a concern for genotoxicity and consequently they could not establish a safe level for daily intake of TiO2 as a food additive,” the agency said.