A man from

California

, in

the United States

, has filed a lawsuit against

Mars , the company that makes

Skittles

colored candies

, alleging that the use of

titanium dioxide

makes them "unfit for human consumption".

The additive, which is used as a dye, is not illegal in the United States.

The

FDA

, the regulatory body for medicines and food products in the US, allows its use in most foods, although it is restricted to 1% of the weight of the food.

Mars

, for its part, defends itself: "While we do not comment on ongoing legal proceedings, our use of titanium dioxide complies with FDA regulations," a company spokeswoman told

The Washington Post

.

However, the lawsuit, filed Thursday in California, argues that the company failed to warn consumers about the potential dangers of titanium dioxide, and accuses the company of fraud by omission.

Already in 2016, Mars announced that it would gradually eliminate artificial colors from its products, including titanium dioxide, for which the lawsuit accuses the company of "breaking its own promise."

In the

EU

,

titanium dioxide

will be banned as a food additive from August, as the European Commission considers that the accumulation of particles in the body

can damage DNA

.

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