Class Action Says Pepsi, Malta Goya Contain Cancer-Causing Chemical

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Class action lawsuit says soft drink companies use a cancer-causing chemical in their beverages without warning consumers.

Soft drink giants PepsiCo Inc. and Goya Foods Inc. are being sued by a California woman who accuses the companies of using a dangerous chemical in their soft drinks’ caramel coloring.  The two class action lawsuits were filed on the same day that the FDA announced that it was investigating the use of the carcinogen in sodas and other food products.

Plaintiff Thamar Santisteban Cortina alleges that the defendant companies’ products — Pepsi, Diet Pepsi, Pepsi One and Malta Goya soft drinks — contain 4-methylimidazole (4-MeI), which exposes consumers to significant health risks.  Cortina regularly purchased and consumed these products for the past eight to 10 years, putting her in danger of developing cancer, she claims.

Cortina alleges that Pepsi and Goya knew about the risks associated with the chemical, but deliberately concealed them from consumers.  Cortina states that she never would have purchased or consumed these beverages if she had been aware of this fact beforehand.  Cortina is suing Pepsi and Goya on behalf of herself and the general public counts of negligence, concealing information, false advertising, and misrepresenting a product.

These allegations coincide with an announcement made by the FDA on Jan. 23, which stated that the agency is conducting new studies of the safety of caramel coloring in soft drinks and other foods, even though previous research has shown no identifiable health risk. The announcement is in response to a Consumer Reports investigation that found varying levels of 4-methylimidazole in 12 brands of soda from five manufacturers.

According to Consumer Reports’ findings, from April 2013 to September 2013, the main product containing 4-Mel had been Pepsi One, averaging at 43.5 micrograms per can.  The beverage Malta Goya contained 352.5 micrograms of 4-MeI per 12-ounce can.  Both companies had allegedly known about the health risks this chemical carried but still used it in their products for its caramel coloring consistency, the class action lawsuit says.

4-MeI is an impurity generated during the manufacturing process of the caramel colorings III and IV, which are used in some soft drinks.  It has raised significant concern throughout the country because it had been discovered that this impurity could possibly cause cancer.  This discovery was made during a study conducted by the National Toxicology Program (NTP), which found that exposure to this chemical caused some laboratory mice to have cancerous lung tumors grow in them.

The two-year study followed rats and mice that had been exposed to 4-Mel.  While the rats were inconclusive, the mice had a severe occurrence of cancer development after exposure.  The FDA said that the infected rodents of the NTP’s studies far outweighed the current estimate of cancer in humans.

However, according to Urvashi Rangan, a toxicologist and Executive Director of the Consumer Reports Food Safety & Sustainability Center, there is no set amount to which exposure to 4-MeI is dangerous.  Due to the amount of limited knowledge of this recent discovery, any unnecessary exposure to 4-Mel could be dangerous.

While Goya was unavailable for comment, PepsiCo responded to the FDA’s announcement by saying they abide by state and federal requirements, and that consumer safety and satisfaction is always a priority.

Cortina is represented by John J. Fitzgerald IV of The Law Office of Jack Fitzgerald PC.

The Soft Drink Chemical Class Action Lawsuits are Thamar Santisteban Cortina v. PepsiCo Inc., Case No. 3:14-cv-00168; and Thamar Santisteban Cortina v. Goya Foods Inc., Case  No. 3:14-cv-00169, both in the United States District Court of Southern California.