Mars Sued Over ‘Misleading’ Skittles Marketing Tied to Titanium Dioxide Use
Mars Inc. is facing a class-action lawsuit alleging that the company misled consumers by continuing to sell Skittles with a “toxic” additive, titanium dioxide, even after publicly pledging to phase out its use.
Filed in California federal court, the complaint claims that Mars violated consumer protection laws by marketing Skittles as safe, while failing to disclose that the popular candy contains titanium dioxide (TiO₂), a chemical classified in the European Union as unsafe for food consumption. Plaintiffs argue that this lack of transparency misleads health-conscious shoppers and undermines fair competitive practices.
Titanium dioxide, commonly used for coloring, is at the center of growing regulatory scrutiny due to potential health concerns. In 2016, Mars announced plans to remove artificial colors, including TiO₂, from its products. However, plaintiffs allege that Skittles still contain the ingredient, contradicting the brand’s prior commitments and misleading consumers who rely on ingredient claims.
This lawsuit signals broader implications for FMCG brands managing ingredient reformulations amid rising consumer demand for cleaner labels and regulatory pressure. The European Food Safety Authority announced in 2021 that TiO₂ could no longer be considered safe in food products, prompting major EU market shifts. While titanium dioxide remains permitted for food use in the U.S., classifying it as Generally Recognized as Safe (GRAS), growing awareness may reshape consumer expectations and influence U.S. policy.
For manufacturers and brand managers, the case underscores the reputational risks of incomplete reformulation rollouts or inconsistent global standards. Consumers increasingly scrutinize ingredient lists, and failure to deliver on publicly stated commitments—especially in high-visibility categories like confectionery—can trigger legal and market consequences.
Mars has yet to comment on the lawsuit. The Skittles brand, known for its colorful appearance, derives its bright hues in part from titanium dioxide—an additive companies across the FMCG sector are now reevaluating, both in light of EU regulations and evolving consumer preferences.
As regulatory landscapes shift and transparency becomes a competitive differentiator, FMCG brands must proactively assess ingredient claims across markets and ensure alignment between public statements, product formulations, and labeling practices.