In a revised class action lawsuit, Joseph Lurenz, a New York resident, has filed a complaint against Coca-Cola and its subsidiary, Simply Orange Juice Co., alleging the presence of harmful chemicals in their juice products. This follows the dismissal of his initial lawsuit.
Background
Joseph Lurenz first filed his complaint against Coca-Cola and Simply Orange Juice Co., claiming their juices contained per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals” due to their resistance to breaking down. The original lawsuit was dismissed by Judge Nelson Roman, who cited a lack of specific evidence linking the plaintiff’s own purchases to the tested products.
Allegations
In the revised lawsuit, filed on July 9 in the New York federal court, Lurenz asserts that independent testing has revealed significant levels of PFAS in Simply Orange products. He claims these findings show widespread contamination, implicating the entire product line rather than isolated incidents. PFAS are synthetic chemicals used in various consumer products for their water and grease-resistant properties. However, their potential health risks, including cancer and liver damage, are becoming a growing concern among scientists.
Details of the Complaint
Lurenz’s amended complaint includes claims under state and federal consumer laws, asserting that Simply Orange products are deceptively marketed as pure, healthy, and natural despite containing PFAS. The lawsuit highlights the use of phrases like “pure filtered water” and “all-natural ingredients” in Simply Orange’s marketing, which the plaintiff argues are misleading.
Lurenz’s independent third-party testing found levels of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in Simply Tropical juice that were more than 100 times higher than the lifetime health advisory levels set by the U.S. Environmental Protection Agency for drinking water. These findings, Lurenz contends, indicate systemic contamination across the product line.
Legal Action
The lawsuit seeks to represent all consumers who purchased Simply juice products in the United States. Lurenz is suing for violations of the New York Deceptive Trade Practices Act, New York State Agriculture and Markets Law, negligence, and unjust enrichment. He is also seeking class certification, damages, legal fees, costs, and a jury trial.
Representation
Lurenz is represented by Jason P. Sultzer and Philip J. Furia of Sultzer & Lipari PLLC, and Nick Suciu III, Gary Klinger, Erin Ruben, and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC.
This class action lawsuit underscores the growing concern over PFAS contamination in consumer products and challenges the marketing practices of major brands like Simply Orange. The outcome of this case could have significant implications for consumer protection and corporate accountability in the food and beverage industry.
Case Information
- Case Title: Joseph Lurenz v. The Coca-Cola Co.
- Case Number: 7:22-cv-10941
- Court: U.S. District Court for the Southern District of New York
Reverse Osmosis and Water Conditioners
To mitigate potential PFAS contamination from your tap or well water, consumers might consider using reverse osmosis filtration systems and whole-home water conditioners. These systems can effectively reduce the presence of PFAS in drinking water, offering a safer alternative for households concerned about chemical exposure. Why not grow oranges to juice in your own backyard PFAS free with reverse osmosis water?
Source: Top Class Actions
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