Prof Matthew Wright, both a member of the FAF Panel and chair of EFSA’s working group on E 171, said: “Although the evidence for general toxic effects was not conclusive, on the basis of the new data and strengthened methods we could not rule out a concern for genotoxicity and consequently we could not establish a safe level for daily intake of the food additive.”

Still, in 2016 Skittles publicly declared it would get rid of the chemical compound in its products, according to a press release at the time from the Center for Food Safety, which called the substance harmful and potentially poisonous. But the ingredient remains, according to the lawsuit, which alleges the candy company is misleading consumers by not having eliminated titanium dioxide.