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The European Food Safety Authority updated its safety assessment of the mineral in March 2020, stating that titanium dioxide can no longer be considered safe as a food additive. This was due to evidence of potentially harmful effects after consumption of the mineral, which may accumulate in the body over time.

In a statement sent to USA TODAY on Sunday, Justin Comes, vice president of research and development for Skittles maker Mars Wrigley North America, said the company couldn't comment on pending litigation – but that its use of titanium dioxide and all Mars Wrigley ingredients are safe and manufactured in compliance with strict quality and safety requirements established by food safety regulators, including the FDA.