Lawsuit: Skittles Contains a ‘Known Toxin,’ ‘Unfit for Consumption’

A lawsuit against Mars Inc. claims its Skittles product contains a “known toxin” and is “unfit for consumption.”

Attorneys for consumer Jenile Thames filed the class action lawsuit in the U.S. District Court for the Northern District of California in Oakland, claiming that Skittles contains “heightened levels” of titanium dioxide — which is used for food coloring.

The lawsuit alleges that although Mars Inc. declared in 2016 that they were committed to “phasing out” titanium dioxide from their Skittles product, they have yet to do so.

In a statement provided to TODAY and other media outlets, Mars Inc. stated, “While we do not comment on pending litigation, our use of titanium dioxide complies with FDA regulations.”

The lawsuit noted that the European Food Safety Authority announced in May 2021 that titanium dioxide “can no longer be considered safe as a food additive” due to “genotoxicity concerns.”

“A genotoxin is a chemical or agent that can cause DNA or chromosomal damage,” according to the National Institute of Health.

The lawsuit also alleges that titanium dioxide is found in “paint, adhesives, plastics, and roofing materials” and can cause “brain and organ damage, and well as lesions in the liver and kidneys,” along with DNA damage, Reuters reported.

The complaint claims that other competitors to Mars Inc., such as Nerds and Sour Patch Kids, do not contain titanium dioxide in their food coloring, USA Today reported. The suit noted that other Mars Inc. products, such as M&M’s, “do not rely” on titanium dioxide to color their product.

Thames says he bought a package of Skittles at a QuikStop in April but would not have done so had he known the content of the rainbow candy product.

“A reasonable consumer would expect that can be safely purchased and consumed as marketed and sold,” the complaint said. “However, the products are not safe.”

Thames is suing for fraud and violations of California consumer protection laws, and the sum he seeks will be determined later in a future trial.

The case is Thames v Mars Inc, in the U.S. District Court for the Northern District of California, No. 22-04145.

You can follow Ethan Letkeman on Twitter at @EthanLetkeman.