Skittles class action over TiO2 contamination dropped

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Update: 

• A plaintiff has dropped his class action lawsuit alleging the popular candy Skittles contains the known toxin titanium dioxide and is unfit for human consumption.
• Plaintiff William Mignin III originally filed the class action lawsuit against Mars Inc. on Aug. 11 in an Illinois federal court, alleging violations of state and federal consumer laws.
• However, just two months later, on Sept. 30, Mignin filed a notice of voluntary dismissal. A judge approved it Oct. 18.
• The docket did not state the reason for voluntary dismissal. 
• According to the original complaint, Mars, the maker of Skittles, knew of the health problems titanium dioxide poses and that other companies had removed the toxin from their products.

Skittles titanium dioxide class action:

• Who: A Skittles consumer sued the candies’ manufacturer, Mars.
• Why: The plaintiff says the product contains  titanium dioxide, a known toxin. 
• Where: The lawsuit was filed in an Illinois federal court.

(Aug. 15, 2022)

The popular candy Skittles contains the known toxin titanium dioxide and is unfit for human consumption, a new class action lawsuit alleges.

Plaintiff William Mignin III filed the class action lawsuit against Mars Inc. on Aug. 11 in an Illinois federal court, alleging violations of state and federal consumer laws.

According to the plaintiff, the popular candies known as Skittles are “unfit for human consumption” because they contain titanium dioxide (TiO2). 

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. 

Skittles class action claims Mars removed toxin from product in Europe

The Skittles class action refers to products including Skittles Original, Skittles Wild Berry, Sour Skittles, Tropical Skittles and Smoothies Skittles, among others.

The lawsuit alleges many of Mars’ competitors and other food manufacturers have long since removed the toxin from their product lines because of scientific research showing that the toxin is unsafe for consumption.

It adds that several nations have banned the “harmful toxin” titanium dioxide. Despite having multiple offices across Europe and complying with European laws to remove the toxin, in the United States, Mars maintains sales with titanium dioxide as an additive, failing to inform consumers of the implications of consuming the toxin, the lawsuit 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,” the Skittles class action claims.

Mignin sued for violation of the Illinois Uniform Deceptive Trade Practices Act and the Illinois Consumer Fraud and Deceptive Business Practices Act and alleged fraud, fraudulent concealment and breach of warranty. 

He is looking to represent anyone in the United States who bought Skittles, plus an Illinois subclass. He also seeks certification of the class action, damages, fees, costs and a jury trial. 

Another consumer filed a class action lawsuit against Mars Inc. in July claiming its Skittles candies are unsafe for human consumption.

Skittles is not the only product to contain titanium dioxide, however, with the toxin reportedly appearing in a number of other food items and consumer goods, including Great Value ice cream, Chips Ahoy! cookies and Lucerne cottage cheese.

What do you think of the allegations in this Skittles class action? Let us know your thoughts in the comments. 

The plaintiff is represented by Bret K. Pufahl, Elizabeth C. Chavez, Kathleen C. Chavez and Peter L. Currie of Foote, Mielke, Chavez & O’Neil LLC. 

The Skittles class action lawsuit is William Mignin III, et al. v. Mars Inc., Case No. 1:22-cv-04243, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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