Skittles ‘unfit for human consumption,’ California lawsuit claims

Skittles, the colourful, fruitflavoured candy, are coming under fire after a lawsuit filed in Northern California says people are tasting more than the rainbow.

Although most people can identify Skittles flavours such as lemon, strawberry and orange, few can probably name titanium dioxide, a colouring additive that helps give the candies their bright hue.

That ingredient is a “known toxin” and “unfit for human consumption,” according to a lawsuit filed last week against the Mars candy company in the Northern District of California. It argues that U.S. consumers are not aware of the health risks associated with the artificial food colouring.

Titanium dioxide — or TiO2 — is listed as an active ingredient in Skittles sold in the United States, although it has been removed from the candy’s recipe in several European nations and banned in several other countries, according to the lawsuit.

A variety of food byproducts are commonly used for animal feed, and Skittles maker Mars says it does have procedures for discarding foods for that purpose.

In 2016, Mars Inc. promised to phase out titanium dioxide and said that artificial colours like TiO2 “pose no known risks to human health or safety.”

Around the same time, the European Food Safety Authority said there was uncertainty about the characterization of the ingredient. But in May 2021, the EFSA concluded there was enough research to indicate that titanium dioxide was no longer safe when used as a food additive.

The group said TiO2 particles posed concern for genotoxicity, meaning a substance that has the ability to damage a person’s DNA and may cause cancer. The EFSA said that after the ingredient is taken by mouth, the absorption of titanium dioxide particles was low but could accumulate in the body.

The lawsuit filed Thursday by San Leandro, California, resident Jenile Thames is seeking to turn the complaint into a class action lawsuit against the Mars candy company.

Mars Inc. did not immediately respond to an email from the Times seeking comment over the allegations, but in a statement to the Today show, the candy maker said: “While we do not comment on pending litigation, our use of titanium dioxide complies with FDA regulations.”

The colourful advertising behind the candies implores consumers to “Taste the Rainbow.” But it doesn’t get into the fine print on food additives.

Titanium dioxide was approved for human consumption by the U.S. Food and Drug Administration in 1966. It’s used in a variety of foods, including baked goods, sandwich spreads and salad dressing.

The FDA says the ingredient is not to exceed 1% by weight of the food when used as an ingredient, and as of March 29, the agency maintains that titanium dioxide is safe as a food colourant.

However, the European Food Safety Authority has a different take on TiO2. In May 2021, its experts could “no longer consider titanium dioxide safe when used as a food additive.”

The agency said the general toxic effects of the ingredient were not conclusive, but it could not rule out the harmful effects of the food colouring and “could not establish a safe level for daily intake of TiO2 as a food additive.”

The European Commission will ban titanium dioxide, also known as E171, by the end of the year.