California has some very robust consumer protection laws, including those providing remedies for false advertising and dangerous products. As a litigator, I have represented plaintiffs in false advertising class action lawsuits myself. Typically, these suits allege that products with special claims don’t actually deliver the goods—e.g., products touted as “all natural” really aren’t, or those that claim to improve a condition actually don’t.
A recent lawsuit against Mars over its Skittles candy, however, goes much further. The plaintiffs’ complaint claims that the subject candies are “unfit for human consumption because they contain titanium dioxide (“TiO2”), a known toxin.” The compliant continues:
Defendant [Mars] has long known of the health problems posed by TiO2. In fact, in February 2016, Defendant publicly committed to phasing out TiO2. But Defendant has flouted its own promise to consumers. More than six years later, Defendant continues to sell the Products with TiO2, unbeknownst to reasonable consumers who purchase the Products.
The complaint brings claims for fraud, false advertising and violation of California’s powerful Consumers Legal Remedies Act.