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Skittles Titanium Dioxide Lawsuit- What’s Next in 2024?

by | Apr 14, 2024 | Product liability

Did you know that the product that the European Food Safety Authority banned use in their food products was still permitted by the American Food and Drug Administration?

Skittles, a beloved multicolored candy among children, has recently become the hot news in America. This is because of the Titanium dioxide used in the candy.

People who remember their favorite fruity flavor may become salivated when they think of the candy Skittles.

Others, especially those who have consumed them for a while, may remember chomping on this candy and breaking a tooth or losing a dental filling within a few hasty bites.

In addition to tooth issues and excessive salivation, others have initiated a class action lawsuit against the Mars Corporation, which manufactures Skittles.

What would you think if your children’s favorite candy turned out to be poisonous?

Do skittles really cause cancer?

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Lets delve deeper and answer all your queries about the Skittles titanium dioxide lawsuit, does skittles cause cancer, what titanium dioxide is, why it is prohibited in Europe, and more important facts regarding titanium dioxide.

Did you know the relevance of medical records in product liability lawsuits? Expert medical records can shoulder such claims by reflecting the damages caused by the product.

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Skittles candy lawsuit titanium dioxide

A Skittles titanium dioxide lawsuit filed in federal court in northern California claims that Skittles candies, which have the tagline “taste the rainbow” because of their myriad colors, contain a “known carcinogen” called titanium dioxide, making them “unfit for human consumption.”

Jenile Thames, a San Leandro resident, filed a class-action lawsuit against the Skittles manufacturer, claiming that those who consume Skittles are at heightened risk of health issues.

According to the complaint, other brightly colored candy products such as Sour Patch Kids, Swedish Fish, and Nerds do not contain titanium dioxide.

In August 2022, William Mignin III filed the second titanium dioxide lawsuit. The proposed class action lawsuit is almost identical to the one filed in July by a California resident.

 
 
 
 
 
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The outcome of Skittles titanium dioxide lawsuit

Assembly Bill 418, presented by Assembly member Jesse Gabriel in February 2023, would make it illegal to produce, sell, or distribute food items that include five chemicals that have been linked to cancer and other health hazards. Titanium dioxide is one of these compounds, and it’s mentioned as an ingredient in Skittles.

In a news release, Assembly member Gabriel stated that Californians “should not have to concern that the food they buy in their local grocery store could be packed of hazardous additives or deadly chemicals.” “This law will assist safeguard our children, the general public’s health, and the safety of our food supply,” said Gabriel . “It will tackle a worrying absence of government monitoring.”

Assembly Bill 418 was opposed by several parties

The California Assembly Committee on Health received a letter from a collection of food and beverage producers and distributors opposing to the proposal, as initially noted by the Daily Mail. Eleven groups, including the National Confectioners Association, California Grocers Association, and Consumer Brands Association, signed the letter.

Will Skittles actually be banned in California?

Before moving on to the entire house for a vote, the bill would need to be examined by an Assembly committee. For it to become a law, the state Senate would next have to adopt it, and Governor Gavin Newsom would have to sign it.

To put it another way, there is still a long way to go before it could conceivably become law, and even then, it’s not immediately apparent how customers of Skittles and other items would be affected.

What are the five chemicals that AB 418 bill would ban from foods?

  • Titanium dioxide
  • Red dye No. 3
  • Potassium bromate
  • Brominated vegetable oil
  • Propyl paraben

What are the allegations against Skittles?

The Skittles titanium dioxide lawsuit claimed that despite knowing about the dangers of the hazardous chemical titanium dioxide, the Skittles manufacturer continued to use it as a component in the candy.

In addition, the manufacturer “failed to inform consumers of the consequences of consuming the carcinogen titanium dioxide.” (Ingredients listings differ, with some stating titanium dioxide may or may not be included.)

Another issue is that in 2016, Mars stated that it would phase out all artificial colorings (including TiO2) over five years. Six years later, the complaint alleges that the company has “flouted its pledge to consumers.”

Do Skittles cause cancer?

While inhaling titanium dioxide may raise the risk of cancer in certain people, there is no evidence that eating Skittles is linked to cancer development in humans.

In order for you to have a good understanding of what is occurring, let me explain what titanium dioxide is.

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Titanium dioxide

The inorganic compound titanium dioxide, or TiO2, is a substance that occurs naturally and is generated when the metal titanium oxidizes.

It is occasionally referred to as titania or titanium IV oxide. It is also known as titanium white and Pigment White 6 when utilized as a pigment.

Although mineral forms might seem black, they are white solids insoluble in water.

What are the products with titanium dioxide?

Sunscreen, cosmetics, plastics, toothpaste, and paint are a few examples of common goods containing titanium dioxide.

Titanium dioxide may be present in anything used to make food more colorful. Although it has numerous additional advantages, titanium dioxide has been used for decades to whiten some foods.

According to the Environmental Working Group, in addition to Skittles, other candies that include titanium dioxide include Ring Pops, Trolli sour gummies, and Nice! Mints.

Additionally, Ahoy! Cookies, Lucerne cottage cheese, Beyond Meat’s chicken plant-based tenders, Great Value ice cream, and Chips all include titanium dioxide as an ingredient.

Is titanium dioxide safe to eat?

The FDA previously evaluated the additive’s effects in 1966, but research from more recent years indicates that there may be potential health problems from titanium dioxide that result in a new examination from the agency.

A rising number of scientific data points to the possibility that titanium dioxide is unhealthy. Though the number of studies investigating the risks of ingesting titanium dioxide is rapidly rising, the majority of this study still focuses on the dangers of inhaling the chemical as dust.

Research in rodents has shown that titanium dioxide consumption can impact the gut, causing changes to microbiota and inflammation, which might lead to an increased risk of colorectal cancer and inflammatory bowel disease.

In-vitro studies have revealed that titanium dioxide may trigger comparable abnormalities elsewhere as well, via a process known as “oxidative stress,” which leads to inflammation and cell and DNA damage.

Many long-term health disorders, including cancer, diabetes, and cardiovascular disease, are considered to be exacerbated by oxidative stress. However, as titanium dioxide is merely a food additive and not a primary component, humans can consume it in minimal amounts.

Could it truly be hazardous in such small quantities? That depends on the size of each titanium dioxide particle and whether such particles are broken down inside our guts or may reach other body parts and accumulate over time.

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Titanium dioxide prohibitions

Titanium dioxide may cause cancer if inhaled, according to the European Chemicals Agency (Echa), and last year the European Union (EU) designated the material as a potential carcinogen by inhalation in specific powder forms.

The European Food Safety Authority (EFSA) announced an opinion in May 2021 stating that titanium dioxide is no longer regarded safe for use as a food ingredient.

This regulation took effect on February 7, 2022. The Regulation, however, offered a six-month transition period for the EU food industry to conform with the ban. This time came to an end on August 7, 2022.

The European Commission and EU member states will make any legislative or regulatory decisions concerning the phase-out of titanium dioxide in foods in Europe.

Titanium dioxide was prohibited as a food ingredient in France last year.

Based on Echa’s recent announcement, the Environmental Working Group (EWG) is urging the US Food and Drug Administration to survey whether titanium dioxide should be phased out of food usage as soon as possible.

After reviewing the labels of over 100,000 goods, EWG discovered titanium dioxide in over 3000 ‘ultra-processed foods,’ including some major brands.

In the United States, the removal of titanium dioxide as a food ingredient has yet to be implemented. Concerns have been raised, and a titanium dioxide lawsuit has been filed against the candy firm for continuing to use it, specifically in Skittles.

How the United States regulated the use of titanium dioxide in foods?

In the United States, products cannot include more than 1% titanium dioxide by weight, and because of its outstanding light-scattering properties, food makers only need to employ modest amounts to get ideal outcomes.

What other candies and food contain titanium dioxide?

Non-chocolate sweets had the highest percentage (32%). Cupcakes and snack cakes accounted for 14%, with cookies accounting for 8%, flavored pretzels and trail mix accounting for 7%, baking decorations accounting for 6%, gum and mints accounting for 4%, and ice cream accounting for 2%.

The majority of this supplement is consumed by children under the age of 10, with an average daily absorption of 0.08 mg per pound (0.18 mg per kg) of body mass.

The average adult consumes about 0.05 mg per pound (0.1 mg per kg) each day, however, these figures vary.

This is related to children’s increased consumption of pastries and candies, as well as their tiny body size.

Food additives are a major source of concern worldwide. Several preservatives and colorants have been investigated for possible harm.

So, what would happen if someone became critically ill as a result of this?

In that instance, a product liability claim comes into play, and consumers who have been harmed by the adverse effects of a particular product can file a lawsuit for compensation.

A settlement, on the other hand, is not certain if it was not proven, and settling a case might take months or even years.

Can I file a titanium dioxide lawsuit against the manufacturer of Skittles?

You can file a Skittles titanium dioxide lawsuit for your sufferings, but you must ensure that Skittles is the cause.

Your medical records will be used as evidence in your cases. As a result, keep your medical documents organized.

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The titanium dioxide lawsuit is still in its early stages, so being informed is the most crucial thing you can do for the time being. You can visit this page for significant updates.

What do you think about the allegations in the Skittles titanium dioxide lawsuit? Do you think skittles linked to cancer?

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