In a lawsuit against the makers of Skittles, the plaintiff alleges that because of the use of one ingredient that's been banned in the EU, the popular candy is unfit for consumption.

A lawsuit has been filed in the U.S. District Court for the Northern District of California against popular candy maker, Mars. Inc. The complaint was brought forward by Jenile Thames who claims that the popular candy Skittles contains a toxic ingredient and that the company deceived consumers by using misleading marketing, advertising, and packaging tactics.

At the center of this lawsuit is the use of the ingredient titanium oxide, a coloring agent used in the candies. The lawsuit points to the EU's recent decision to begin phasing out titanium oxide in its food products as a reason behind the lawsuit's allegations. France banned the use of the ingredient in 2019, with the rest of the European nations planning to follow behind.

According to the complaint, because Mars Inc. is still using this ingredient in its candies, it's intentionally distributing a toxic chemical to unsuspecting and “reasonable consumers.” Along with knowingly including this harmful chemical in its candies, the complaint details that because the packaging is hard to read, it's difficult for consumers to identify the ingredients in Skittles.

The FDA currently allows the use of titanium oxide in food products so long as it does not exceed 1% of the weight of the food. The ingredient is also used in other products including toothpaste and cosmetics, roofing material, paint, and even plastics.

Despite these FDA guidelines, the lawsuit contends that there are “heightened levels” of titanium oxide in Skittles. The lawsuit contends, "A reasonable consumer would expect that can be safely purchased and consumed as marketed and sold…However, the products are not safe."

The lawsuit goes on, " has long known of the health problems posed by TiO2. In fact, in February 2016, Defendant publicly committed to phasing out TiO2. But Defendant has flouted its own promise to consumers. More than six years later, Defendant continues to sell the Products with TiO2, unbeknownst to reasonable consumers who purchase the Products."

When consumed in large quantities, titanium oxide can lead to brain and organ damage, lesions in the livers and kidneys, and can cause damage to an individual's DNA.

The lawsuit, which is currently being proposed as a class action suit, is seeking unspecified damages for violation of California's consumer protection laws and fraud.

Candy maker Mars has not yet issued a statement on the lawsuit. However, near the end of 2016, the company vowed to remove the artificial coloring agent from its products within the next five years.