Martinelli class action claims co. failed to disclose apple juice contains arsenic

Martinelli class action lawsuit overview:

• Who: Plaintiff Barbara Seaman filed an apple juice class action lawsuit against S. Martinelli & Co.
• Why: Seaman claims that Martinelli failed to disclose its apple juice products contain arsenic and issued a recall process that makes it exceedingly difficult for consumers to get a refund.
• Where: The Martinelli class action lawsuit was filed in New York federal court.

An apple juice class action lawsuit alleges S. Martinelli & Co. failed to disclose its products contain arsenic, which can potentially lead to significant adverse health consequences.

Plaintiff Barbara Seaman says she purchased Martinelli apple juice and believed it would be free of harmful substances.

On April 16, Martinelli issued a voluntary recall of the product and offered a refund to consumers who purchased apple juice containing arsenic. To receive a refund, consumers must return the product — even though Seaman says many purchasers already consumed it and threw away the bottle.

“[Martinelli’s] recall has been a complete and abject failure,” Seaman says, arguing the company “has made no real effort to widely publicize its recall.”

She says the apple juice recall was designed to prevent most consumers from receiving a refund.

Martinelli class action: company misled consumers into thinking juice was safe to drink

Independent testing confirmed the presence of arsenic in the apple juice product, the Martinelli class action lawsuit says. However, Martinelli failed to disclose the product may contain the carcinogenic substance, misleading consumers into believing the apple juice was safe to consume, Seaman alleges.

She says the Martinelli apple juice product was worth less than what she paid due to the undisclosed arsenic. Had she known about the arsenic content, she says she would not have purchased it or would not have paid as much for it.

The Martinelli class action lawsuit asserts claims for violations of New York general business law and seeks monetary damages, statutory damages, punitive damages, attorneys’ fees and costs and other relief the court deems proper.

What are your thoughts about the apple juice class action lawsuit? Let us know in the comments.

Seaman is represented by Jason P. Sultzer and Philip J. Furia of Sultzer & Lipari PLLC.

The Martinelli apple juice class action lawsuit is Barbara Seaman v. S. Martinelli & Co., Case No. 1:24-cv-03944, in the U.S. District Court for the Eastern District of New York.

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