Mars is being sued by a US citizen for using a potentially toxic ingredient in Skittles.
Mars is accused of committing a fraud of omission and failing to adequately warn customers about the dangers of titanium dioxide in a class action lawsuit.
According to Mars, Skittles are made in accordance with FDA regulations, which allow the use of titanium dioxide at less than one percent of the food's dried weight.
Confectionery, pastries, cake decorations, candles, toothpaste, cosmetics, paints, and paper are some of the things that use titanium dioxide.
Titanium dioxide has been banned as a food Additive in Europe due to concerns about genotoxicity and uncertainty over how much is safe to eat. Around half of titanium dioxide particles fall into the smallest range.
Mars said in a statement in 2016 that it would phase out artificial coloring over a five year period.
According to the Washington Post, the lawsuit claims that Mars lied to consumers when it said it would stop selling the products with titanium dioxide.
According to the lawsuit, Mars didn't warn consumers about the risks of eating a sweet with titanium dioxide.
There are other brightly colored candy brands that don't contain titanium dioxide.
Food manufacturers in Europe have until August to stop using it. An analysis of thousands of studies in mice and rats compiled by the European Food Safety Authority suggests that titanium dioxide mostly passes through the body, but low amounts are absorbed.
The European Food Safety Authority could not rule out genotoxic effects as the chemical could accumulate in the body.
The UK's Food Standards Agency reviewed the European decision and found that there were too many limitations and uncertainties in the studies that supported the conclusions.
The UK agency stated that the Europeans' conclusion was not helpful in communicating risk and that better data was required for a more accurate assessment.
The Australian Food Authority is looking into the matter.
The Australian Food Authority has already dismissed the conclusions of the mouse study linking titanium dioxide to cancer, but is planning a more thorough review.