Skittles Removes Disputed Dye After Lawsuit

Taste the Controversy: Skittles Bows to Pressure, Removes Disputed Additive

In a significant move for the confectionery world, Mars has stopped using a contentious additive in the American production of its popular Skittles sweets. This choice is the culmination of sustained public pressure and a regulatory prohibition on the substance within European nations due to health worries. The change, implemented discreetly toward the conclusion of the previous year, brings the American recipe for the rainbow-coloured candy a step closer to its European counterpart and places a renewed spotlight on how the United States regulates food ingredients.

A Controversial Colour

Titanium dioxide, also identified as E171, is a colorless substance used to give a bright, opaque quality to a vast array of products, from paint and cosmetics to sweets and baked goods. For Skittles, it helped to make the hues more vibrant and the candy shell shinier. However, its inclusion in food has been a subject of intense debate. In 2021, the European Food Safety Authority (EFSA) concluded it could no longer consider the ingredient safe for consumption. The primary concern revolved around genotoxicity – the substance's nanoparticles potentially damaging DNA, which could lead to cancer. This resulted in a complete ban on its use as a food additive across the EU from August 2022.

The Shifting Tides in America

While the FDA, the Food and Drug Administration, has maintained that titanium dioxide is safe for consumption within its regulated limits, the landscape in the United States is showing signs of change. The decision by Mars comes amidst a broader public health debate on processed foods, which gained momentum when Robert F. Kennedy Jr. was appointed to head the Department of Health and Human Services. Kennedy has been a vocal critic of certain food additives and has advocated for stricter regulations. His stance, coupled with a “Make America Healthy Again” report from the White House highlighting the additive as a concern, has amplified the pressure on food manufacturers.

A Victory for Consumer Advocacy

Advocacy organisations like the EWG, or Environmental Working Group, have been at the forefront of the campaign against the substance for years. They argue the food safety agency's reassessment of long-approved additives in light of new scientific evidence has been too slow. Melanie Benesh, who directs government affairs for the EWG, gives credit to legislative work at the state level, instead of any moves by the national government, for compelling companies like Mars to reformulate their products. The EWG and other organisations filed a petition in 2023 calling for the FDA to prohibit the ingredient, a request the agency is still reviewing.

State-Level Battles

Disagreements concerning titanium dioxide have also played out in individual states. A significant legislative push in California in 2023 aimed to ban several food additives, which included the disputed substance. Although it was ultimately removed from the final version of the California Food Safety Act, the bill successfully banned four other additives, demonstrating a growing inclination among states to contest federal regulations. Similar bills that include the ingredient on their list of banned substances have been put forward in different states, such as New York and Illinois, indicating a continuing trend of local action on food safety.

Mars's Quiet Reformulation

Mars has not publicly detailed its rationale for the decision to take titanium dioxide out of American Skittles, a development that Bloomberg initially brought to light. The company also has remained silent about if shoppers will perceive a change in the appearance of the sweets. While the substance is gone, the U.S. ingredient list for the candy still includes several petroleum-based synthetic food dyes, such as Red No. 40 and Yellow No. 5, which also face criticism from health advocates. A representative for Mars released a communication that stressed the company's commitment to product safety and adherence to global food safety standards.

Image Credit - Fox 9

An International Split Regarding the Additive

The differing stances on the ingredient highlight a significant divergence in regulatory approaches. While the EU adopted a precautionary principle, banning the substance due to unresolved safety concerns, other nations, for instance, the United Kingdom, Australia, Canada, and New Zealand, have not followed suit. Regulatory bodies in these nations, after reviewing the EFSA's findings, concluded there was insufficient evidence to warrant a ban. The World Health Organization (WHO) also reaffirmed its position that the component as a food additive does not pose a health risk.

A History of Promises and Lawsuits

Mars's journey with synthetic colours has been a long one. In 2016, the company made a commitment to eliminate every synthetic hue from its food items, attributing the choice to shifting tastes among customers. However, the company later stated that for most of its global consumers, these colours were not a primary concern and prioritised their removal in European products where regulations are stricter. A legal challenge also arose because Skittles contained the additive, leading to a group legal action in 2022, which alleged the candy was unfit for human consumption. The lawsuit was ultimately dismissed.

What's Next for Food Additives?

Eliminating the titanium dioxide additive from American Skittles represents a major step in the ongoing debate over food safety and regulation. It underscores the growing influence of consumer advocacy and state-level legislation in shaping the practices of major food corporations. With new management at the agency overseeing Health and Human Services and the continued scrutiny of food additives, the pressure on the FDA to reassess its list of approved substances is likely to intensify. This could lead to further changes in the ingredients of many popular American food products in the years to come.

The Role of Nanoparticles

A key aspect of the safety concerns surrounding the ingredient involves nanoparticles. These are microscopic particles that, due to their small size, can potentially be absorbed by the body and accumulate in organs. The EFSA's 2021 opinion highlighted the uncertainty around the behaviour of these nanoparticles and their potential to cause DNA damage. While the substance is considered safe when used in sunscreens as it is not absorbed through the skin, the potential for ingestion and internal accumulation has been the primary driver of the regulatory action in Europe.

A Broader Look at Processed Foods

The controversy regarding titanium dioxide is part of a larger conversation about the health impacts of ultra-processed foods. These products, which often contain numerous additives, including colours, flavours, and preservatives, have been linked to various health problems. The focus on this matter by Robert F. Kennedy Jr. suggests a potential shift in federal policy towards promoting whole foods and discouraging the consumption of highly processed items, particularly in settings like school cafeterias.

The Industry's Response

The food industry has largely defended the use of FDA-approved additives, arguing they are safe at the levels used in products. Companies often point to the differing scientific opinions between regulatory agencies in the EU and other parts of the world as evidence that the science is not settled. However, the decision by a major player like Mars to reformulate a signature product such as Skittles for the American market indicates a recognition of changing consumer attitudes and the potential for increased regulatory pressure.

The Future of the Rainbow

Since American Skittles now feature a new, titanium dioxide-free recipe, it remains to be seen how this will impact the brand and the broader confectionery industry. Will other companies follow suit? Will the FDA be compelled to take a stronger stance on this and other controversial additives? For now, consumers can "taste the rainbow" with the knowledge that one of its key, and most debated, ingredients has been removed, marking a small but potentially significant victory for food safety advocates. The move by Mars may be just the beginning of a wider trend towards cleaner labels and more transparent ingredient lists in the American food landscape.