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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.
The European Commission banned titanium dioxide as a food additive in the EU in 2022 after the European Food Safety Authority (EFSA) conducted an updated safety assessment of E171 and concluded the panel could not eliminate concerns about its genotoxicity.