A lawsuit claims Skittles are unfit for consumption. Experts weigh in

If you’ve been paying attention to nutrition headlines lately, you may have noticed a recent lawsuit that claimed that Skittles were “unfit for human consumption” because of the presence of a “known toxin” called titanium dioxide.

The class-action lawsuit, filed July 14 in the U.S. District Court for the Northern District of California, said that Mars Inc., the maker of the candies, had “long known of the health problems” the chemical compound posed, and that it had even publicly committed in 2016 to phase the substance out of its products. Yet, according to the complaint, the candy company “flouted its own promise to consumers” and continued to sell Skittles with titanium dioxide, posing a “significant health risk to unsuspecting consumers.”

But what is titanium dioxide? Here’s what we know.

Q: What is titanium dioxide?

A: Titanium dioxide is a chemical compound, derived from a naturally occurring mineral, that is processed and used as a color additive, anti-caking agent and whitener, among other things. These include many chewing gums, baked goods, sandwich spreads, salad dressings and dairy products like cottage cheese, ice cream and coffee creamers, said Tasha Stoiber, a senior scientist at the Environmental Working Group, a nonprofit focused on consumer health and safety.

Sweet treats and candies also make up a large share of food products that contain the substance. One recent EWG review concluded that “thousands of children’s sweets,” including Starburst and other candies marketed to kids, contained it.

Titanium dioxide is also used in a variety of nonfood items, such as certain medications, sunscreens, cosmetics, paints and plastics.

Q: Is it safe to eat?

A: Since 1966, the Food and Drug Administration has recognized the use of titanium dioxide in human food as safe, so long as it doesn’t exceed 1% of the food’s weight.

But despite its widespread use, studies published since the 1960s have raised questions about its safety. A 2015 review of mostly animal (but some human) studies, for instance, found that titanium dioxide did not just pass through the body, as research in the 1960s suggested. Instead, the researchers found, the additive could be absorbed into the bloodstream via the intestines and accumulate in certain organs, potentially damaging the spleen, liver and kidneys.

A subsequent animal study published in 2017 linked titanium dioxide with an increased risk of intestinal inflammation, cancer and damage to the immune system. This research was concerning enough that in 2019, the French government called for a ban of titanium dioxide by 2020.

And in 2021, another review of animal and human studies raised the possibility that titanium dioxide could play a role in inflammatory bowel diseases and colorectal cancer.

This year, after an assessment of the scientific literature by the European Food Safety Authority, the European Union decided to ban titanium dioxide in food. The agency highlighted its concern that the additive could damage DNA and lead to cancer. While more research is still needed, the agency concluded that it could not establish a safe level of titanium dioxide in food.

Britain and Canada, however, disagreed with the European Union’s decision and continued to allow titanium dioxide in food.

Norbert Kaminski is a professor of pharmacology and toxicology and the director of the Center for Research on Ingredient Safety at Michigan State University whose own animal research on titanium dioxide has been partially funded by industry groups such as the Titanium Dioxide Manufacturers Association and the International Association of Color Manufacturers. He said that the studies used to justify banning the ingredient in the European Union contained methodology flaws. He added that a 1979 study by the National Toxicology Program, part of the National Institutes of Health, found no link between titanium dioxide and cancer. In that research, mice and rats were given the chemical compound in extremely large doses — amounting to 2.5% to 5% of their diet — across two years.

In response to a request for comment, an FDA official said that the agency has reviewed the findings of the European Union’s ban and concluded that the available studies “do not demonstrate safety concerns connected to the use of titanium dioxide as a color additive.”

But Pierre Herckes, a professor of chemistry at the School of Molecular Sciences at Arizona State University who was an author of a 2014 study on titanium dioxide, said that based on the current research, which is mixed, it’s tricky to say whether consumers should limit their consumption of the additive.

Q: What can I do if I want to avoid it?

A: While Mars Inc. is in the process of phasing out titanium dioxide in its products sold in Europe, the company has yet to take action in the United States, where titanium dioxide is still permitted.

In an emailed statement to The New York Times, Justin Comes, vice president for research and development at Mars Wrigley North America, said that the company’s use of titanium dioxide “is in full compliance with government regulations. While we do not comment on pending litigation, all Mars Wrigley ingredients are safe and manufactured in compliance with strict quality and safety requirements established by food safety regulators, including the FDA.”

Mars Inc. did not respond when asked if it planned to remove the additive from its products sold in the United States. Jaydee Hanson, policy director for the nonprofit Center for Food Safety, said that he was baffled as to why the company wasn’t removing titanium dioxide from the U.S. market. “Maybe because the FDA has not told them they’re going to ban it,” he said.

Scott Faber, senior vice president for government affairs at the Environmental Working Group, said that steering clear of the additive could be difficult, since food companies aren’t required to include it on their ingredient lists, and not all companies do. The chemical compound may be especially hard to avoid in processed foods that might simply state “color added” rather than list the specific ingredients used.

Your best bet, then, for limiting your consumption of titanium dioxide is to choose products that don’t contain added coloring. Or you could stick to eating unprocessed, whole or organic foods when you can, said Marion Nestle, a professor emeritus of nutrition, food studies and public health at NYU.

As for Skittles in particular, Nestle said that since there are suspicions that the additive may be carcinogenic, “Mars should take it out. They shouldn’t be using it.” She added, “Why take a chance?” This article originally appeared in The New York Times.