Consumer class action lawsuit against the manufacturer alleges that a popular candy is toxic and “unfit for human consumption”

A consumer lawsuit against manufactures Mars alleges that the popular children’s candy, Skittles, are “unfit for human consumption” due to a “known toxin” within.

The class action lawsuit, filed in Oakland, California on Thursday, claims that Skittles contain “heightened levels” of titanium dioxide. Scheduled to be banned in the European Union next month due to “genotoxicity,” or the ability to alter DNA, titanium dioxide is considered a dangerous food additive.

Titanium Dioxide is used to give Skittles their signature rainbow color, although the company said in 2016 that they intended to remove it from the product in the coming years. However, as of today, Skittles still contain the toxin.

The toxic ingredient is also used in paints and plastics and consumption can cause brain and organ damage, as well as damage particularly to the kidneys and liver.

“A reasonable consumer would expect that [Skittles] can be safely purchased and consumed as marketed and sold,” the complaint alleges. “However, the products are not safe.”

The FDA allows titanium dioxide to be used as a coloring agent in foods so long as the amount does not exceed 1% of the product’s weight. However, the European Union has found the ingredient to be too damaging and therefore banned its usage in food products.

The lawsuit, basing itself off the findings of the European Union’s food safety regulations, seeks unspecified damages for “fraud” and “violations of California’s consumer protection laws.”