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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.

In food, titanium dioxide has a few different uses. Most notably, its food-grade form is used as a colorant to enhance and brighten the color of white foods such as dairy products, candy, frosting, and the powder on donuts. For foods that are sensitive to UV light, titanium dioxide is used for food safety purposes to prevent spoilage and increase the shelf life of food.