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Skittles class action lawsuit overview:
- Who: Plaintiff Jenile Thames filed a Skittles class action lawsuit against Mars Inc.
- Why: Skittles candies allegedly contain titanium dioxide, a toxin that is unsafe for human consumption.
- Where: The Skittles class action lawsuit was filed in California federal court.
Mars Inc. has been hit with a class action lawsuit that alleges Skittles candies contain a known toxin that makes them unfit for human consumption.
Plaintiff Jenile Thames filed the class action lawsuit July 14, alleging the popular candies contain titanium dioxide (TiO2), a toxin that has been banned in several countries.
Thames says Mars has known about the health risks posed by titanium dioxide since at least February 2016 when it publicly committed to phasing out the toxin from its products.
“Interestingly, in its February 2016 press release, [Mars] blew smoke, suggesting that its planned phase out of TiO2 was called for simply because ‘consumers today are calling on food manufacturers to use more natural ingredients in their products,’” the class action lawsuit states.
The February 2016 press release did not disclose information about TiO2, such as the fact that numerous food manufacturers had removed the toxin from their products because research showed that the toxin was not safe for consumption, Thames alleges.
Skittles class action says European Commission banned TiO2 as food additive
The Skittles class action lawsuit points to a May 2021 report by the European Food Safety Authority, which found that TiO2 could not be considered safe for consumption due to health concerns.
The European Commission subsequently announced it would ban TiO2 as a food additive, a plan unanimously adopted by member states. Mars was required to comply with the ban on TiO2, the class action states.
“Nonetheless, in the United States, [Mars] maintains sales with TiO2 as an additive, failing to inform consumers of the implications of consuming the toxin,” the class action lawsuit alleges.
Thames says he purchased Skittles from a brick-and-mortar store in San Leandro, California, and believed they were safe for human consumption.
The Skittles class action lawsuit asserts violations of California’s Unfair Competition Law, Consumers Legal Remedies Act, False Advertising Law, breach of implied warranty, fraud, fraudulent omission and unjust enrichment.
Mars has faced other recent class actions.
Earlier this year, Mars recalled some of its Skittles, Starburst and Life Savers gummies because they may contain metal fragments.
And a New York federal judge dismissed another Mars class action lawsuit, alleging Dove ice cream bars are deceptively labeled as containing more milk chocolate than they actually contain.
What do you think of the Skittles class action lawsuit allegations that the candy contains a dangerous toxin? Join the discussion in the comments!
Thames is represented by L. Timothy Fisher, Sean L. Litteral and Elvia M. Lopez of Bursor & Fisher PA.
The Skittles class action lawsuit is Jenile Thames v. Mars Inc., Case No. 4:22-cv-04145, in the U.S. District Court for the Northern District of California.
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737 thoughts onSkittles class action alleges candy unfit for human consumption due to presence of toxin
My husband is in sales and always has skittles as he drives to accounts, recently diagnosed with brain lesions . Please count me in
Please add me
I been eating Skittles since I was little girl. I lost a cap off my tooth from eating Skittles. I was 4 years old. They were my favorite candy till I found this out. Now when I see them I get sad.
Hello I bought and ate lots so please add me