The Trial Lawyer Fall 2022 | Page 97

studies , nutrient warnings identifying foods as containing high levels of nutrients , like sugars , sodium and saturated fat , and traffic light labels improved participants ’ ability to identify foods with excess nutrients . This was in comparison to those looking solely at a Nutrition Facts label .
The petitioners say the high rates of diet-related disease in the United States justify implementing the new FDA food labeling system .
The watchdogs also argue that the new labeling can be designed in a manner that would not unduly burden food manufacturers or drown out their other messaging . They add that studies modeling the effects of previous food labeling and reformulation efforts have found that the benefits outweighed the costs .
“ In 2018 , FDA estimated that the 2016 changes to food and supplement labeling , including to the Nutrition Facts Label , would cost $ 4.8 billion and produce $ 33.1 billion in cost savings over 20 years ,” the petition states .
“ Interestingly , in its February 2016 press release , [ Mars ] blew smoke , suggesting that its planned phase out of TiO2 was called for simply because ‘ consumers today are calling on food manufacturers to use more natural ingredients in their products ,’” the class action lawsuit states .
The February 2016 press release did not disclose information about TiO2 , such as the fact that numerous food manufacturers had removed the toxin from their products because research showed that the toxin was not safe for consumption , Thames alleges .
The Skittles class action lawsuit points to a May 2021 report by the European Food Safety Authority , which found that TiO2 could not be considered safe for consumption due to health concerns .
The European Commission subsequently announced it would ban TiO2 as a food additive , a plan unanimously adopted by member states . Mars was required to comply with the ban on TiO2 , the class action states .
“ Nonetheless , in the United States , [ Mars ] maintains sales with TiO2 as an additive , failing to inform consumers of the implications of consuming the toxin ,” the class action lawsuit alleges .
Thames says he purchased Skittles from a brick-and-mortar store in San Leandro , California , and believed they were safe for human consumption .
The Skittles class action lawsuit asserts violations of California ’ s Unfair Competition Law , Consumers Legal Remedies Act , False Advertising Law , breach of implied warranty , fraud , fraudulent omission and unjust enrichment .
Mars has faced other recent class actions . Earlier this year , Mars recalled some of its Skittles , Starburst and Life Savers gummies because they may contain metal fragments .
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Skittles Class Action Alleges Candy Unfit For Human Consumption Due To Presence Of Toxin
Mars Inc . has been hit with a class action lawsuit that alleges Skittles candies contain a known toxin that makes them unfit for human consumption .
Plaintiff Jenile Thames filed the class action lawsuit July 14 , alleging the popular candies contain titanium dioxide ( TiO2 ), a toxin that has been banned in several countries .
Thames says Mars has known about the health risks posed by titanium dioxide since at least February 2016 when it publicly committed to phasing out the toxin from its products .
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