Orange soda additive causes neurological damage, class action claims

Orange soda class action lawsuit overview: 

• Who: Plaintiff Shavonne Daniels filed a class action lawsuit against Ahold Delhaize USA Inc. and Food Lion LLC. 
• Why: Daniels claims Food Lion’s Omazing Orange Soda contains brominated vegetable oil, which she says is toxic for human consumption.
• Where: The class action lawsuit was filed in North Carolina federal court.

A new class action lawsuit alleges that Food Lion’s name brand Orange soda contains an oil additive that causes neurological damage. 

Plaintiff Shavonne Daniels’ class action lawsuit claims Food Lion’s Omazing Orange Soda contains the toxic-for-humans food additive brominated vegetable oil (BVO). 

“Both animal and human data suggested that the use of BVO in food was unsafe and that high levels of exposure to BVO can damage the central nervous system,” the orange soda class action says. 

Daniels wants to represent a nationwide class and North Carolina and South Carolina subclasses of consumers who purchased Food Lion’s Omazing Orange Soda products within the applicable statute of limitations period. 

Food Lion should have known to inform consumers about BVO dangers, class action claims

Daniels argues Food Lion knew or should have known it would be material for consumers to be informed of the health consequences of drinking BVO, given “most major soda brands” already have removed the oil from their products on account of its toxicity. 

“Defendants made material omissions during the putative class period, including prior to and at the time of Plaintiffs’ purchases, despite Defendants knowing, or reasonably should have known, the risk presented by using BVO in the Product,” the orange soda class action says. 

Daniels alleges Food Lion and its parent Ahold Delhaize USA are guilty of unjust enrichment, negligence, negligent failure to warn, fraudulent concealment, breach of implied and express warranties and strict products liability. 

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for herself and all class members. 

A number of class action lawsuits have recently been filed against beverage companies over claims involving allegations of false advertising. 

Have you purchased Food Lion’s Omazing Orange Soda product? Let us know in the comments.

The plaintiff is represented by Tiffany N. Lawson and Paul J. Doolittle of Poulin | Willey | Anastopoulo, LLC. 

The Orange soda class action lawsuit is Daniels, et al. v. Ahold Delhaize USA, Inc., et al., Case No. 1:24-cv-00876, in the U.S. District Court for the Middle District of North Carolina.

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