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Lawsuit claims Skittles’ use of legal chemical is ‘unfit for human consumption’

FILE - In this Jan. 29, 2014 file photo, a representative from the Skittles candy company poses with packages of a special "Seattle Mix" of the treat, that were being handed out in a limited number to Seattle Seahawks fans in Seattle. Mars says it was a miscommunication with a subcontractor that led to a defective batch of its Skittles being spilled on a highway while they were reportedly on their way to becoming cattle feed. The spill captured attention after a Wisconsin sheriff posted photos of the red candies on a road on Facebook, and wrote that they had fallen off the truck of a farmer who was going to feed them to cattle. Selling food byproducts for animal feed is common, but Mars had said the factory that made the Skittles in question was not approved to do so. (AP Photo/Elaine Thompson)
by: WRTV Staff
Posted: / Updated:

Mars Inc. faces a lawsuit for its use of titanium oxide in Skittles candy, which the plaintiffs claim makes the candy “unfit for human consumption.”

The lawsuit was filed in the U.S. District Court for the Northern District of California last week. The plaintiffs claim Skittles deceived “reasonable consumers by misleading marketing, advertising, packaging, and labeling of its product.”

The Mars Inc. spokesperson declined to comment, but said “our use of titanium dioxide complies with FDA regulations.”

The Food and Drug Administration said titanium oxide is allowed in food as long as its quantity does not exceed 1% of the weight of food. It is also permitted in cosmetics and toothpaste.

The chemical is primarily used as a colorant.

The European Union is currently phasing out the chemical, with it being banned in food products by next month.

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