What is titanium dioxide? Skittles sued for containing toxin that makes it "unfit for human consumption" 

California resident Jenile Thames is suing Mars, and has accused it of using toxins that are "unfit for human consumption" in one of its products, Skittles.

The lawsuit was filed in the U.S. District Court for the Northern District of California on Thursday, July 14. Thames' attorneys stated that the product contains unsafe levels of titanium dioxide, an artificial coloring that has been connected to genetic mutations.

The company had promised to remove the compound from its products in May 2021, when titanium dioxide was banned in Europe. However, it is still used to make the bead-sized candy in the US.

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Skittles contains a harmful substance called titanium dioxide

Titanium dioxide is a type of artificial coloring that is used to give a cloudy effect or a white base to the candy. The compound is allowed by the FDA's Code of Federal Regulations to be used in food items, but at a percentage of 1% of the food's weight.

The substance was banned by the European Food Safety Authority in 2021, on account of being unsafe as a "food additive." The government body announced it by saying:

“Taking into account all available scientific studies and data, the Panel concluded that titanium dioxide can no longer be considered safe as a food additive."

It further went on talk about its toxicity after oral ingestion:

"A critical element in reaching this conclusion is that we could not exclude genotoxicity concerns after the consumption of titanium dioxide particles. After oral ingestion, the absorption of titanium dioxide particles is low, however, they can accumulate in the body."

Genotoxicity is the nature of a few chemicals that can damage or alter genetic information such as DNA.

According to the National Library of Medicine, "such damage in a germ cell has the potential to cause a heritable altered trait (germline mutation). DNA damage in a somatic cell may result in a somatic mutation, which may lead to malignant transformation (cancer)."

In addition to using the harmful chemical, the lawsuit also slammed the company on account of failure to provide proper warning signs to its consumers. Thames' attorneys said:

"Based on Defendant’s omissions, a reasonable consumer would expect that the Product can be safely purchased and consumed as marketed and sold."

The attorneys further alleged that neither the company nor the product packaging notified "unsuspecting consumers" about the presence or the risk involved with Titanium Dioxide. The allegations continued with:

“Instead, Defendant relies on the ingredient list which is provided in minuscule print on the back of the Products, the reading of which is made even more challenging by the lack of contrast in color between the font and packaging, as set out below in a manner in which consumers would normally view the product in the store.”

Thames' attorneys also pointed out that numerous other competitive products, like Sour Patch Kids and Nerds, do not contain titanium dioxide. They also noted that M&Ms, also produced by Skittles' parent company, does not include the compound.

Mars, the parent company of Skittles, did not provide any comment about the litigation but gave a statement that said:

“While we do not comment on pending litigation, our use of titanium dioxide complies with FDA regulations.”

Thames seeks damages from the company on account of fraud and multiple violations of California's consumer protection laws.