Biosteel seeks dismissal of PFAS lawsuit

Update:

• BioSteel asked a New York federal court to dismiss claims the sports drink maker misleads consumers by labeling its beverages as “eco-friendly” despite them allegedly containing so-called “forever chemicals.” 
• A consumer argues Biosteel sports drinks contain per- and polyfluoroalkyl substances (PFAS), which are long-lasting and linked to numerous health problems. 
• BioSteel argues the only proofs presented are “vague and conclusory testing allegations” based on testing the consumer conducted independently that did not explain the process of in any detail. 
• The company also argues the proposed class action does not mention whether the lead plaintiff bought or used any BioSteel products that allegedly tested positive for PFAS.

BioSteel sports drink PFAS class action lawsuit overview: 

• Who: Laura Bedson filed a class action lawsuit against BioSteel Sports Nutrition Inc.
• Why: Bedson claims BioSteel manufactured and sold a blue raspberry flavored sports drink containing harmful per- and polyfluoroalkyl substances. 
• Where: The class action lawsuit was filed in New York federal court. 

(Feb. 1, 2023)

BioSteel Sports Nutrition Inc. manufactured and sold a sports drink containing per- and polyfluoroalkyl substances (PFAS), a new class action lawsuit alleges. 

Plaintiff Laura Bedson claims BioSteel’s blue raspberry-flavored sports drink is marketed for its supposed positive health benefits, despite the product allegedly containing PFAS. 

Bedson argues BioSteel uses “consistent and pervasive marketing representations” through both marketing and labeling to make consumers falsely believe the sports drink is good for both them and the environment.

“The presence of PFAS is entirely inconsistent with Defendant’s uniform representations that the Product is clean, eco-friendly, and good for both consumers and the environment,” the BioSteel class action states. 

PFAS are known to be harmful to both humans and the environment — including at low levels — and can cause health problems such as thyroid disorders and various cancers, according to the BioSteel class action. 

Bedson wants to represent a nationwide class and New York subclass of consumers who have purchased the BioSteel blue raspberry flavored sports drink for personal use within the fullest period allowed by law. 

BioSteel accused of targeting health-conscious consumers with false marketing

BioSteel falsely marketed the healthiness of the sports drink product as a way to “drive sales and increase profits” by targeting health-conscious consumers who will “reasonably believe that the Product is free from chemical ingredients,” the BioSteel class action alleges. 

“As a result of Defendant’s misconduct, Plaintiff and putative Class Members have suffered injury in fact, including economic damages,” the BioSteel class action states. 

Bedson claims BioSteel is guilty of unjust enrichment, fraud and constructive fraud, and of violating the New York Deceptive Trade Practice Act as defined by New York General Business Law. 

Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual and statutory damages for herself and all class members. 

A similar class action lawsuit was filed earlier this month against Bolthouse Farms by a consumer arguing the company sold Green Goodness Fruit Juice Smooth products that  contained PFAS. 

Have you purchased a BioSteel sports drink? Let us know in the comments.

The plaintiffs are represented by Jason P. Sultzer and Daniel Markowitz of The Sultzer Law Group PC, and Nick Suciu III, Gary Klinger, Erin Ruben and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC. 

The BioSteel sports drink PFAS class action lawsuit is Bedson, et al. v. BioSteel Sports Nutrition Inc., Case No. 1:23-cv-00620, in the U.S. District Court for the Eastern District of New York. 

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