Welch’s Class Action Says Grape Juice Contains Arsenic, Lead

Welch Foods has been hit with a class action from customers who claim that their Welch’s White Grape Juice and Concord Grape Juice contain lead and arsenic.

Plaintiff Christina Labajo says that if Welch’s had disclosed on the product label that the juices contained lead and arsenic, she wouldn’t have purchased them.

“Plaintiff and class members did not obtain the full value or any value of the advertised products due to Defendant’s omissions regarding the heightened levels of lead and arsenic,” the Welch’s class action lawsuit claims.

The plaintiff states in the Welch’s class action lawsuit that she has since stopped buying the juices, but “would consider purchasing Welch’s grape juices in the future if Defendant removed the heightened levels of lead and arsenic.”

The Welch’s class action lawsuit points to a January 2019 Consumer Reports study that discussed the issues of lead and arsenic in fruit juices, the worst culprit being Welch’s White Grape Juice and Concord Grape Juice. The study stated that, “drinking a ½ cup or more per day posed a ‘risk to adults and children,’” according to the plaintiff.

The Consumer Reports study found that Welch’s 100% Grape Juice contained lead levels of more than 5 ppb, while other brands that were tested showed levels of 1 ppb or less.

Labajo states that high amounts of lead and arsenic in foods can cause birth defects and cancer and that, “The amount of toxic heavy metals present in a single serving of the Products is sufficient to expose consumers to a substantial risk of birth defects and other reproductive harm.”

The Welch’s class action lawsuit alleges that “no reasonable customer” would have any knowledge that the juices contain high levels of lead and arsenic.

“Lead accumulates in the body over time, and can lead to health risks and toxicity, including inhibiting neurological function, anemia, kidney damage, seizures, and in extreme cases, comas and death,” the Welch’s class action states.

The plaintiff also states that arsenic is also dangerous to humans in that it can lead to cardiovascular disease and can cause bladder, lung and other types of cancer. The class action lawsuit declares that there is “essentially no safe level” of arsenic.

The Welch’s class action lawsuit also states that “The harmful effects of heavy metals are well-documented, particularly on children…[e]xposure puts children at risk for lowered IQ, behavioral problems (such as attention deficit hyperactivity disorder), type 2 diabetes, and cancer, among other health issues.”

In addition, the Welch’s class action lawsuit states that even though a claim has not been filed in this case under California’s Proposition 65, the products still violate that law because of the high levels of lead and arsenic inherent in it.

Putative Class Members are defined as “all persons in the United States who purchased the Products.”

The Welch’s class action lawsuit alleges violation of California Business & Professions Code §17200 et seq., Based on Fraudulent Acts and Practices, Commission of Unlawful Acts, Unfair Acts and Practices, California Consumer Legal Remedies Act, and Unjust Enrichment.

The plaintiff is represented by L. Timothy Fisher, Joel D. Smith, and Blair E. Reed of Bursor & Fisher PA.

The Welch’s Juices Class Action Lawsuit is Labajo v. Welch Foods Inc., Case No. 5:19-cv-01306, in the U.S. District Court for the Central District of California.

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