A lawsuit has been filed against Mars Inc by a consumer claiming that Skittles candy is inedible because it contains a known toxic substance the company pledged to eliminate six years ago.

In a proposed class action filed Thursday in federal court in Oakland, California, Janelle Tims accused Mars of endangering Skittles eaters by using "high levels" of titanium dioxide, or TiO2, as a food additive.

The lawsuit also stated that titanium dioxide will be banned in the European Union next month after the food safety regulator there deemed it unsafe due to "genotoxicity" or the ability to alter DNA.

The lawsuit is seeking unspecified damages for fraud and violations of California consumer protection laws.

McLean, a Virginia-based private company, pledged in February 2016 to remove artificial colors from its food products over the next five years.