A lawsuit claims Skittles is 'unfit for human consumption' because it contains a chemical that's banned in Europe for potential cancer risk

• Mars, Inc. is facing a lawsuit over a chemical used to create rainbow-colored Skittles candy.
• The coloring additive, titanium dioxide, is allowed by the FDA in small amounts, but banned in Europe.

A California man is suing the company that makes Skittles for including an additive in its candy permitted by US law, but banned in Europe due to a possible link to cancer risk.

The lawsuit claims the candy is "unfit for human consumption" because it includes titanium dioxide, a chemical used as a coloring agent.

"No reasonable consumer would expect that the products marketed as safe for human consumption would pose a risk to their health, safety, and well-being, or that it would contain [titanium dioxide], which is linked to harmful health effects in humans," reads the complaint, filed July 14 in California's Northern District Court.

Titanium dioxide is allowed by FDA regulations, so long as it makes up less than 1% of a food's weight. It is used in products like chewing gum, chocolates, pastries, toothpaste and cosmetics, as well as paint, plastic, and paper production.

But as of May 2021, the European Food Safety Authority no longer considers the chemical to be safe as a food additive out of concerns about genotoxicity, or the potential to damage DNA.

Some evidence suggests titanium dioxide, particularly in the form of very fine particles that can be inhaled, may build up in the cells over time, causing an increased risk of cancer, according to animal studies. The chemical is considered "possibly carcinogenic to humans" by the International Agency for Research on Cancer.

However, the amount of titanium dioxide present in most food products may not be enough to pose a threat, according to other research.

Mars, Inc, which produces Skittles, issued a 2016 statement that it was phasing out the use of some artificial colors, including titanium dioxide. (As of publication, titanium dioxide continues to be included on the list of ingredients in Skittles).

The lawsuit quotes Jaydee Hanson, a senior policy analyst at the Center for Food Safety, who urged Mars, Inc. to use non-toxic alternatives, saying: "Studies have shown that the human health risks associated with ingesting nanoparticles of many common food additives far outweigh any utility for producers."

The lawsuit alleges the company did not adequately inform consumers of the potential risk of titanium dioxide and that the ingredients list is difficult to read because of a lack of color contrast on the packaging. The plaintiff, Jenile Thames, said he would not have purchased the Skittles if he knew they contained titanium dioxide, according to the lawsuit.

The complaint also alleges that titanium dioxide isn't necessary to produce brightly-colored candy, since comparable products like Swedish Fish, Sour Patch Kids, and Black Forest Gummy Bears don't include the chemical.

Mars, Inc. did not immediately respond to Insider's request for comment.

"While we do not comment on pending litigation, our use of titanium dioxide complies with FDA regulations," the company said in a statement to the Washington Post.