Man Sues Makers Of Skittles Candies For Using Ingredient Banned In Europe As ‘Unfit For Human Consumption’

A man in California has filed suit against Mars Inc., makers of the sour Skittle candies, for using a chemical that is approved by the FDA but was banned in Europe last year for potentially causing a cancer risk.

The ingredient in question is titanium dioxide, and the lawsuit read in part that it is “unfit for human consumption.” It also mentions that “no consumer would expect that the products marketed as safe for human consumption would pose a risk to their health, safety, and well-being.”

Titanium dioxide turns up in chewing gum, chocolates, pastries, toothpaste and other products such as paints and plastics. The FDA ruled that it is allowed as long as it makes up less than 1% of a food’s weight, but the European Food Safety Authority banned the chemical altogether.

Skittles had indicated in 2016 that they would be phasing out colorants including titanium dioxide, but that has yet to happen. Another section of the suit argues that the use of this potentially-dangerous chemical was more egregious because other brightly colored candies such as Swedish Fish and Sour Patch Kids do not use it at all.

It’s not clear yet whether this lawsuit has any grounds to advance, and the company said in a statement, “Our use of titanium dioxide complies with FDA regulations.”