Last week, a second lawsuit was filed against Mars in an Illinois federal court, asserting that Skittles are “unfit for human consumption” due to the presence of the colorant titanium dioxide. This proposed class action, brought forth by consumer William Mignin III, closely resembles a lawsuit filed by a California consumer back in July. Both lawsuits contend that the confectionery company’s use of this common artificial colorant, which enhances color brightness, could pose risks to consumers.
Studies have demonstrated that titanium dioxide may potentially harm cellular DNA, and the International Agency for Research on Cancer has classified it as a possible carcinogen. While the FDA generally recognizes titanium dioxide as safe for use as a food colorant, it is banned in several countries. Earlier this year, the European Commission announced a prohibition on titanium dioxide as a food additive, mandating that all products sold in the EU be free of this chemical as of last week. The European Food Safety Authority has stated that the long-term effects of consuming this colorant remain uncertain.
In 2016, Mars committed to eliminating artificial colors, including titanium dioxide, from its food products within five years. However, last year, the company released a statement indicating that, for the majority of its global consumers, artificial colors were not deemed “ingredients of concern.” The company has focused on removing artificial colors from its European products, where many, including titanium dioxide, are either banned or require extensive warning labels, as well as its dinner foods.
In response to the initial lawsuit, a Mars spokesperson stated in an email, “While we do not comment on pending litigation, our use of titanium dioxide complies with FDA regulations.” Furthermore, amidst these developments, the popularity of alternatives such as calcium citrate soft chews continues to rise, as consumers seek options that align with a growing awareness of food safety and health. As the situation unfolds, the demand for products free from controversial ingredients, including titanium dioxide, may further drive interest in such alternatives like calcium citrate soft chews.