Skittles Candy Lawsuit Attorney

Class Action Lawsuit Alleges Skittles Contain “Toxic” Additive

A recent lawsuit filed against the Mars Corporation in the Northern District of California claims that Skittles contains heightened levels of titanium dioxide, or TiO2, a potentially dangerous chemical that is frequently used in foods, paints, and cosmetics.

The complaint was filed on behalf of Plaintiff Jenile Thames, a San Leandro resident who claims that people who consume Skittles “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”.

What is Titanium Dioxide?

Titanium Dioxide has been used as a food additive since the late 1940s, with increased use in the U.S. in recent decades. The substance, which was banned in Europe in early 2022, is typically used as a bleaching agent, a shining agent, and an agent to prevent caking and clumping in products including candies and makeup.

The class action alleges that titanium dioxide is a potentially harmful substance because it contains nanoparticles, (as opposed to larger microparticles), which are so tiny that they can pass through channels between the blood and the brain, via ingestion, or via the skin.

In May 2021, the European Food Safety Authority (EFSA) published its review of the safety of titanium dioxide as a food additive, and found no direct nor potential risk of toxicity or harm when ingested; however, the agency concluded that there remain unanswered questions and concerns about the product as a safe food additive.

The Mars Corporation announced in 2016 that it would be working towards eliminating titanium dioxide from its candy products by 2021; however, Skittles still contain the additive and Mars is “failing to inform consumers of the implications of consuming the toxin,” according to the lawsuit.

Does Titanium Dioxide Cause Cancer?

The International Agency for Research on Cancer (IARC) has classified titanium dioxide as a carcinogen, or cancer-causing substance, due to studies that have found increased rates of lung cancers due to inhalation exposure in animals. For titanium dioxide to be inhaled, the particles must be small enough to reach the alveoli (where oxygen exchange happens) of the lungs.

Research suggests nanosized titanium dioxide can be inhaled by some mammals, leading to concerns about the adverse effects of human inhalation. Existing studies have found that titanium dioxide nanoparticles may be more toxic than traditional larger particles of titanium dioxide.

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FAQs

What must be proven to win a Skittles candy lawsuit?

To win, plaintiffs must prove that Skittles contain harmful ingredients, that these ingredients caused their health issues, and that the manufacturer was negligent or failed to adequately warn consumers.

What compensation might I receive from a Skittles candy lawsuit?

Compensation can include medical expenses, lost wages, pain and suffering, and possibly punitive damages depending on the severity of the harm caused and the level of negligence.

Is there a deadline for filing a Skittles candy lawsuit?

Yes, there are statutes of limitations for filing a lawsuit, which vary by state. It is crucial to act promptly and consult with an attorney to ensure you file within the required timeframe.

See all related product liability lawsuits our lawyers covered so far.

Get a Free Skittles Lawsuit Evaluation With Our Lawyers

The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of lawyers that focuses on the representation of plaintiffs in Skittles Lawsuits. Our lawyers are handling individual litigation nationwide and currently accepting new Skittles injury cases in all 50 states.

If you or a loved one developed health problems after eating Skittles candies, you should contact our law firm immediately. You may be entitled to financial compensation by filing a lawsuit and our lawyers can help you receive fair compensation.