SAN FRANCISCO (Legal Newsline) – Lawyers at Bursor & Fisher are asking a federal judge to appoint them as lead counsel in a proposed class action lawsuit that alleges Skittles contain a dangerous chemical.
The suit, filed in July in California federal court by plaintiff Jenile Thames, says Mars, Inc., has failed on its promise to phase out titanium dioxide, a known toxin used for artificial color. It cites a 2016 press release from the company.
“But Defendant has flouted its own promise to consumers,” the suit says. “More than six years later, Defendant continues to sell the products with TiO2, unbeknownst to reasonable consumers who purchase the products.
“In doing so, Defendant concealed from consumers material information it knew. Namely, that numerous of its competitors and other food manufacturers had long removed the toxin from their product lines because of scientific research showing that the toxin is unsafe for consumption.”
An Aug. 19 motion to appoint lead plaintiff and counsel says the case is “at the forefront of litigation” concerning harmful chemicals in consumer products. It is the first consumer class action over titanium dioxide, it says.
“Well-aware of the technical complexities underlying this case, Plaintiff’s counsel conducted extensive factual and legal research over several months, and they carefully developed a case theory and strategy informed by their understanding of the technical aspects of the alleged conduct at issue,” the motion says.
Following its filing, the case spawned a copycat class action in Illinois federal court. Bursor & Fisher says the competing firm – Foote, Mielke, Chavez & O’Neil of Geneva, Ill., which is representing plaintiff William Mignin - took its allegations “word for word.”
“And critically, in an apparent rush to file the case, Mr. Mignin’s counsel failed to provide adequate notice to Defendant concerning its warranty claims, alleging that the complaint itself served as notice,” the motion says.
The suit says titanium dioxide was banned in France in 2019. The chemical remains listed on the ingredient list “which is provided in miniscule print on the back of the products, the reading of which is made even more challenging by the lack of contrast in color between the font and packaging.”
The complaint includes a photo of the package, with black letters on a red background.