POM pomegranate juice class action overview:
- Who: A New York federal judge has given the green light for parts of a proposed class action against POM Wonderful LLC to proceed
- Why: The judge ruled that questions remain about the levels of PFAS in the company’s pomegranate juice.
- Where: The POM pomegranate juice class action was filed in a New York federal court.
A New York federal judge has given the green light for parts of a proposed class action against POM Wonderful LLC to proceed, alleging that its “All Natural” pomegranate juice contains harmful “forever chemicals.”
The lawsuit, filed by consumers Bertha Hernandez and Wayne Catalano against the Wonderful Company LLC and its subsidiary POM Wonderful LLC, accuses the company of misleading marketing and negligence.
The plaintiffs argue that POM juice contains synthetic chemicals known as per- and polyfluoroalkyl substances (PFAS), which are linked to health risks.
The lawsuit claims POM failed to disclose the presence of PFAS in its products, despite marketing the juice as “All Natural.”
On Nov. 25, U.S. District Judge Edgardo Ramos filed an order ruling that questions remain about the levels of PFAS in the juice and whether they conform to regulations, and therefore declined to dismiss the lawsuit.
Judge trims some claims in pomegranate juice class action
According to the complaint, consumers paid a premium for POM juice based on its “natural” label, believing it to be free of toxic substances. The plaintiffs say that if they had known about the presence of PFAS, they would have chosen different products or paid less.
POM Wonderful and parent company The Wonderful Company tried to get the claims dismissed, arguing that the plaintiffs had not shown the PFAS levels posed health risks.
They also argued that “natural” does not guarantee an absolute absence of contaminants, pointing to other cases where trace chemicals didn’t render labeling misleading.
However, Judge Ramos found recent discussions about PFAS and their potential dangers significant, noting that the chemicals’ presence would likely concern reasonable consumers. He also highlighted allegations that the Environmental Protection Agency has determined harmful health effects from PFAS can occur at extremely low levels, near zero in some cases.
As a result, the judge allowed negligence and New York business law claims to proceed, however he dismissed the plaintiffs’ unjust enrichment claim, deeming it redundant. The Wonderful Company was also dismissed from the case, as there was insufficient evidence it influenced POM’s labeling decisions.
In 2023, POM Wonderful 100% Pomegranate Juice was at the center of another, similar class action lawsuit alleging the product is deceptively marketed as healthy and natural yet contains harmful “forever chemicals.”
What do you think of the allegations in this Pom pomegranate juice class action? Let us know in the comments.
Hernandez and Catalano are represented by Jason P. Sultzer and Philip J. Furia of Sultzer & Lipari PLLC, and Nick Suciu, Gary Klinger, Erin Ruben, J. Hunter Bryson and Russell Busch of Milberg Coleman Bryson Phillips Grossman PLLC.
The Pom pomegranate juice class action is Hernandez v. The Wonderful Company LLC et al., Case No. 1:23-cv-01242, in the U.S. District Court for the Southern District of New York.
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Was wondering why the wonderful wasn’t stocked at my local grocery store… Add me