On August 11, plaintiff William Mignin III filed a class actin lawsuit against Mars Inc., alleging that the popular candy Skittles contains a toxin called titanium dioxide. Mignin alleges that Skittles are unfit for human consumption because they contain a pigment called titanium dioxide.
According to ChemicalSafetyFacts.org, "Pure titanium dioxide is a fine, white powder that provides a bright, white pigment. Titanium dioxide has been used for a century in a range of industrial and consumer products, including paints, coatings, adhesives, paper, plastics and rubber, printing inks, coated fabrics and textiles, as well as ceramics, floor coverings, roofing materials, cosmetics, toothpaste, soap, water treatment agents, pharmaceuticals, food colorants, automotive products, sunscreen and catalysts."
According to TopClassActions.com, "Mignin alleges Skittles manufacturer Mars has long known of the health problems titanium dioxide poses. 'In fact, in February 2016, Defendant publicly committed to phasing out TiO2. Defendant has flouted its own promise to consumers. More than six years later, Defendant continues to sell the Products with TiO2,' the Skittles class action states...Consequently, consumers who purchase Defendant’s Products are at heightened risk of a host of health effects for which they were unaware stemming from genotoxicity — the ability of a chemical substance to change DNA."
Based on our research, the FDA generally recognizes consuming titanium dioxide to be safe. In Europe, as of May 2021, consumption of titanium dioxide was no longer considered to be safe.
The U.S. Food and Drug Administration (FDA) has assessed the safety of titanium dioxide as a color additive in food and has issued guidelines regarding the safe use of titanium dioxide in food. The use of titanium dioxide in food is subject to the following restrictions, as per the FDA website:
"(1) The quantity of titanium dioxide does not exceed 1 percent by weight of the food.
(2) It may not be used to color foods for which standards of identity have been promulgated under section 401 of the act unless added color is authorized by such standards."
Based on the FDA's stance on titanium dioxide as a food additive, it will be interesting to see how this lawsuit progresses.
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