On November 29, 2022, a PFAS consumer fraud class action lawsuit was filed in Illinois against Heinz over alleged PFAS content in the Capri Sun juice drinks sold by the company. The Heinz PFAS consumer fraud lawsuit is but the latest in a growing line of PFAS lawsuits that allege that certain consumer goods contain PFAS, that the products or company’s values were marketed as healthy or environmentally friendly, and that consumers would not have purchased the products if they knew that the products contained PFAS.
As we predicted in early 2021, the increased attention on PFAS content in consumer goods in the scientific community and media presented significant risks to various industries, and our prediction was that the developments would lead to a significant number of lawsuits alleging consumer fraud. Consumer goods industries, insurers, and investment companies interested in the consumer goods vertical with niche interest in cosmetics companies must pay careful attention to these lawsuits.
Heinz PFAS Consumer Fraud Lawsuit
On November 29, 2022, plaintiff Alexandra Toribio filed a lawsuit in Illinois seeking a proposed class action against Heinz. The lawsuit alleges that Heinz markets the company and its products as environmentally friendly and providing consumers with healthy food options. Further, the lawsuit cites the ingredients list for the Capri Sun product, which indicates the use of filtered water. The lawsuit alleges that this statement implies to consumers that extra care was taken by the company to remove or avoid the use of chemicals such as PFAS. However, with testing showing the presence of PFAS in the juice drink, the statements were false, misleading or induced consumers to purchase products when the presence of PFAS in the products was not disclosed.
By: John Gardella
The National Law Review