Sunny Delight Faces Suit Over Benzene In Juices
Sunny Delight is the target of a lawsuit by three women in three states who are alleging some of its juice products are prone to carrying benzene, a chemical that can cause cancer, anemia and other ailments.
The suit was filed in the summer of 2006 by two mothers and a student in Florida, New Jersey and Kansas. And while it’s just three individuals, these women have a good track record; they recently got a settlement out of Coca-Cola Co.
The suit claims that Blue Ash-based Sunny Delight’s Baja Orange, Berry and Intense Lemon Lime flavors tested positive for benzene after being exposed to heat and light. Two ingredients in the beverage - ascorbic acid (Vitamin C) and sodium benzoate - can apparently combine to form benzene when exposed to these conditions.
Others remaining in the suit after Coca-Cola settled include PepsiCo., Shasta and Rockstar.
“This is about preventing anyone from getting injured,” said Andrew Rainer, a Boston attorney who is representing the women. “The levels of benzene in these products is higher then the level that is (allowed) in drinking water.”
The Food and Drug Administration does not regulate benzene in beverages other than bottled water. But in an e-mail, the regulatory group said a survey showed that most beverages contained either no benzene or levels below the limit for drinking water. As such, it said that such beverages were not a concern.
Sunny Delight CEO Billy Cyr declined to comment on ongoing litigation. “We’re aware of it and we’re looking into it,” he said.
The defendants, including Sunny Delight and Coca-Cola, had filed a motion to dismiss the suit in December. “A plaintiff who purchased and consumed an allegedly defective product without injury, or an allegation of potential future injury, cannot later demand a refund of the product’s purchase price,” the motion concluded.
Still, Coca-Cola in mid-May settled and reformulated its Fanta Pineapple and Vault Zero drinks to exclude the benzene-related ingredients. It also posted a notice on its Web site offering the newer product as reimbursement to those who were affected.
Asked if Sunny Delight may have reformulated its drinks, Rainer said he does not know. “They certainly have not said anything to the world about it.”