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A California man who claimed Skittles were “unfit for human consumption” due to the presence of a known toxin has had his federal lawsuit against Mars dismissed.

Jenile Thames’s case was voluntarily dismissed on Monday, according to a filing by his lawyers in Oakland, California.

There was no explanation given for the dismissal, which was without prejudice, which means Thames can sue again. On Tuesday, his lawyers did not immediately respond to requests for comment.

In the July 14 lawsuit, Mars was accused of endangering Skittles consumers by using “heightened levels” of titanium dioxide, a compound that the privately held company pledged in 2016 to phase out over five years.

Though titanium dioxide is used to add color to many foods, several studies have raised concerns about its safety over the years.

Because it could harm DNA, the European Union banned its use as a food additive this year.

Mars, based in McLean, Virginia, filed a motion to dismiss Thames’ lawsuit on September 30.

It claimed that its use of “small amounts” of titanium dioxide caused no harm to the plaintiff and was in accordance with Food and Drug Administration regulations.

“We are pleased with this outcome and reiterate our commitment to manufacturing our products in strict quality and safety requirements,” Mars said in a statement following the dismissal of the lawsuit on Tuesday.

Thames, of San Leandro, Calif., said he bought the Skittles in April at a local QuikStop and would not have bought them if he had known what they contained.

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