Whole Foods Class Action Says Bottled Water Contains Arsenic

A class action has been filed against Whole Foods by consumers who claim that the company’s brand of bottled water, “Starkey Water,” is contaminated with arsenic.

Plaintiffs David Berke, Lorenzo Colucci, and Vienne Colucci say that even though Whole Foods touts its water as “Protected, Pure, Unique” and “Untouched by surface contamination,” the water contains the poisonous chemical.

The Whole Foods class action lawsuit states that arsenic is a “metalloid chemical and known carcinogen that can lead to reproductive harm, circulatory and nervous system disorders, an increased risk of diabetes and hypertension, stomach pain and nausea, vomiting and diarrhea numbness, paralysis, blindness, and other health problems.”

The plaintiffs claim that back to as early as 2016 and most recently as June 2019, tests show that Whole Food’s Starkey Water has one of the highest levels of arsenic of any bottled water sold in the United States.

The Whole Foods class action lawsuit also states that in 2016 and 2017, there was a recall on Starkey Water, due to its arsenic contamination. In addition, Consumer Reports and the Center for Environmental Health reportedly conducted tests and confirmed that the water contains high levels of arsenic.

“While Plaintiffs and other Starkey Water purchasers expect Starkey Water to surpass competitors in purity and safety, the truth is that out of 130 bottled water brands tested for arsenic by Consumer Reports, Starkey Water proved to have the highest arsenic content of the brands currently marketed,” the Whole Foods class action lawsuit states.

Three samples of Starkey Water reportedly tested at 9.48 to 9.86 ppb (parts per billion) of arsenic, which is just under the federal limit of 10 ppb, while a fourth sample registered at 10.1 ppb. However, the Whole Foods class action states that more than 120 other brands of bottled water contain no discernible amount of arsenic.

The plaintiffs allege that they paid a high price for “Starkey Water” because they were told by Whole Foods that their water was the “healthiest and least contaminated bottled water.” In addition, the plaintiffs state that Whole Foods bottles the water in BPA-free plastic or in a glass, which impresses on consumers that Starkey Water is of the highest purity.

To be sure, in the product description on the Starkey Water website, Whole Foods states that “Carbon dating of this water places it at between 11,000 and 16,000 years old, making it some of the purest and most pristine water available in the U.S.” 

Also, Whole Foods states that if consumers hold up their bottled water to the light and see the “fine reflective crystals,” these are small amounts of silica/silicon which are “beneficial minerals.”

“Despite knowing that Starkey Water contains a troubling amount of arsenic, Whole Foods has defiantly refused either to correct its marketing message, or change its production methods to ensure that Starkey Water does not contain any arsenic – let alone the highest arsenic levels of any bottled water brand,” the Whole Foods class action lawsuit states.

The plaintiffs claim that Whole Foods is in violation of California’s Unfair Competition Law, the Illinois Consumer Fraud and Deceptive Practices Act, and unjust enrichment. In addition, plaintiff Berke brings this lawsuit in violation of the California Consumer Legal Remedies Act.

“Plaintiffs seek appropriate injunctive relief against Whole Foods to halt its false and misleading ‘purity’ representations and require corrective disclosures regarding Starkey Waters’ arsenic content,” the Whole Foods class action lawsuit states.

The plaintiffs are represented by Patricia N. Syverson, Manfred P. Muecke, Elaine A. Ryan, and Carrie A. Laliberte of Bonnett Fairbourn Friedman & Balint PC, Laurence D. Paskowitz of The Paskowitz Law Firm PC, Roy L. Jacobs of Roy Jacobs & Associates, and David N. Lake of the Law Offices of David N. Lake APC.

The Whole Foods Arsenic Contaminated Water Class Action Lawsuit is Berke, et al. v. Whole Foods Market Inc., et al. Case No. 2:19-cv-07471, in the U.S. District Court for the Central District of California. 

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