A lawsuit filed Thursday in the Northern District of California accuses Skittles’ parent company, Mars Inc., of violating the state’s consumer protection laws by failing to remove titanium dioxide (TiO2) from the candy.
A Reuters report states that in 2016, the company announced it would phase out TiO2 coloring and pledged to remove the chemical and all other artificial colors over the next five years; however, plaintiff Jenile Thames claims he purchased Skittles from a California gas station earlier this year, and discovered the candy still contained TiO2.
According to the proposed class-action lawsuit, the plaintiff insists he wouldn’t have purchased the candy had he known it still contained the toxin. TiO2 is reportedly used in everything from roofing materials and adhesives to paint and plastics.
The complaint stated that the chemical is set to be banned in the European Union sometime next month after safety regulators confirmed it could alter DNA and cause organ damage.
Thames argues Mars Inc. has failed to inform consumers about the dangers that come from consuming the toxin, Complex reported.
“Instead, Defendant relies on the ingredient list which is provided in minuscule print on the back of the Products, the reading of which is made even more challenging by the lack of contrast in color between the font and packaging, as set out below in a manner in which consumers would normally view the product in the store,” the lawsuit reads.
Thames is reportedly seeking unspecified damages for fraud and violations of consumer protection laws.
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