Lawsuit alleges Skittles 'unfit for human consumption'

A closeup of a bowl of Skittles which are kept on the sidelines for running back Marshawn Lynch #24 of the Seattle Seahawks during the game against the San Francisco 49ers at CenturyLink Field on December 24, 2011 in Seattle, Washington.
A closeup of a bowl of Skittles which are kept on the sidelines for running back Marshawn Lynch #24 of the Seattle Seahawks during the game against the San Francisco 49ers at CenturyLink Field on December 24, 2011 in Seattle, Washington. Photo credit Otto Greule Jr/Getty Images

SAN FRANCISCO (KCBS RADIO) – An East Bay woman has filed a lawsuit alleging that Skittles – the bright, multi-colored, pebble shaped and fruit-flavored candy – contain a dangerous toxin that makes them "unfit for human consumption."

The lawsuit, from San Leandro resident Jenile Thames, was filed Thursday against Mars, Inc., the multinational manufacturer which owns Skittles and other popular candies.

Thames claimed that Skittles in the U.S. include an ingredient called titanium dioxide, TiO2, a coloring additive which helps give the candies their intense and vibrant brightness.

The substance has been banned in several nations throughout the world, however it remains an active ingredient in Skittles sold in the U.S., according to court documents acquired by The Los Angeles Times and other outlets.

In May 2021, the European Food Safety Authority, concluded that enough research indicated that TiO2 was not safe when used as a food additive because of its possible genotoxicity, meaning it could both harm a person's DNA and cause cancer. The substance is on track to be banned in the EU by the end of the year.

Meanwhile, the FDA continues to permit titanium dioxide in food, as long as doesn't exceed 1% by weight of the food when used as an ingredient.

The lawsuit argued that Skittles could be made without the additive, similar to other brightly colored candies like Swedish Fish Soft & Chewy Candy, Black Forest Gummy Bears and Sour Patch Kids, which all do not contain TiO2.

KCBS Radio reached out to Mars, Inc. for comment and did not receive a reply prior to publication.

Featured Image Photo Credit: Otto Greule Jr/Getty Images