Big Lots, Grocery Outlet Class Action Says Stores Sold Toxic Turmeric

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Big Lots and Grocery Outlet have been hit with a class action lawsuit alleging the retailers put consumers at risk by selling turmeric spices containing toxic levels of lead.

Plaintiff Pamela Caudle brings this proposed class action lawsuit against Big Lots and Grocery Outlet, asserting the stores violated established state consumer protection laws and breached product warranties, to the detriment of consumers. The lawsuit also names the supplier of the turmeric products, Gel Spice as a defendant.

Gel Spice Inc., an importer and manufacturer of the spice, issued a recall of its ground turmeric powder to retailers nationwide in July because the spice contains excessive levels of lead, posing a specific danger to pregnant women, infants, and children.

Big Lots repackages the Gel Spice turmeric products containing lead with its own brand name, Fresh Finds Ground Turmeric Powder, and reportedly sold the contaminated product to customers at its stores nationwide. Grocery Outlet also sold Gel Spice’s adulterated, lead-containing turmeric to California consumers, the lawsuit states.

Caudle, who resides in San Francisco, frequently purchased the Gel Spice brand turmeric products at Big Lots and Grocery Outlet stores during the past two years.

At the time she made these purchases, she was never advised about the lead in the turmeric spice and would not have purchased the product had she known of the safety issues involved, the lawsuit states.

The federal Food, Drug, and Cosmetic Act defines adulterated food as “one that bears or contains any poisonous or deleterious substance which may render it injurious to health.”

According to the lawsuit, the Gel Spice turmeric products sold by Big Lots and Grocery Outlet contain high levels of lead. These excessive levels of lead were discovered in an investigation by health officials in New York.

Lead is classified as a chemical known to cause cancer or reproductive toxicity and is included in California’s Proposition 65 list.

While, no reports of illnesses have been linked to the product yet, exposure to lead can cause serious health problems over time as it accumulates in the body, and exposure is especially dangerous for children and pregnant women. It can cause developmental and learning problems in children.

Caudle’s complaint states that at least one lot of the now-recalled contaminated turmeric was distributed to Big Lots stores. That spice was packaged in 3.75 ounce plastic jars with the UPC code 81026-01230. Gel Spice expanded the recall to include turmeric shipped to other retailers, including Grocery Outlet.

Caudle is seeking to represent a certified Class of California consumers who purchased Gel Spice turmeric products branded Fresh Finds Ground Turmeric, Spice Select, Market Pantry, Clear Value, Lieber’s, or Spice Supreme other than for purposes of resale.

She is asking for damages and equitable relief on behalf of herself and the proposed Class.

Caudle is represented by Deborah Rosenthal, Paul J. Hanly Jr., and Mitchell M. Breit of Simmons Hanly Conroy LLC; and Gregory F. Coleman of Greg Coleman Law PC.

The Big Lots, Grocery Outlet Turmeric Spice Class Action Lawsuit is Pamela Caudle v. Gel Spice Co. Inc., et al., Case No. 3:16-cv-07146, in the U.S. District Court for the Northern District of California.