OAKLAND, Calif. (WTVO) — A new lawsuit, filed by a consumer in California, claims Skittles are unsafe to eat because they contain a chemical the company had pledged to remove.

According to the class action lawsuit filed in federal court Thursday, Jenile Thames has accused Mars, Inc. of endangering Skittles consumers because of “heightened levels” of titanium dioxide, or TiO2, according to Reuters

Next month, the European Union will ban titanium dioxide after food safety regulators determined it had the ability to alter DNA.

TiO2 has not been banned in the United States.

The California lawsuit alleges the sale of the candy violates the state’s consumer protection laws. It also claims the chemical is used in paint, adhesives, plastics and other materials and can cause damage to DNA, the brain, and other organs.

Mars Inc said it used the chemical as a colorant in 2016 and said it would be removing artificial colors over the next five years.

According to Reuters, Mars, Inc. has not yet responded for comment.