Walmart class action lawsuit overview:
- Who: Plaintiff Gary McLean filed a class action lawsuit against Walmart Inc.
- Why: Walmart apple juice was recently recalled because it contains high arsenic levels.
- Where: The Walmart class action lawsuit was filed in Arkansas federal court.
A new Walmart class action lawsuit alleges some of the companyโs Great Value brand apple juice products contain high levels of arsenic.ย
Walmart recently recalled 8oz Great Value Apple Juice 6-pack products with the UPC Code 0-78742-29655-5 and 64oz Great Value 100% Apple Juice with the UPC Code 0-78742-229539.
The Walmart apple juice recall affects products sold in 26 states:
- Alabama;
- Connecticut;
- the District of Columbia;
- Delaware;
- Florida;
- Georgia;
- Illinois;
- Indiana;
- Kentucky;
- Massachusetts;
- Maryland;
- Maine;
- Michigan;
- Mississippi;
- North Carolina;
- New Hampshire;
- New Jersey;
- New York;
- Ohio;
- Pennsylvania;
- Puerto Rico;
- South Carolina;
- Tennessee;
- Virginia;
- Vermont;
- and West Virginia.
Walmart apple juice โunfit for intended use,โ class action says
The affected Walmart apple juice products are โunfit for their intended useโ because they contain 13.2 parts per billion of inorganic arsenic, which the complaint says is higher than the 10 parts per billion limit set by the U.S. Food and Drug Administration.
โShort term exposure to very high amounts of inorganic arsenic can result in nausea, vomiting, bruising and numbness or burning sensations in the hands and feet,โ the Walmart class action lawsuit says.
Arsenic exposure in children has reportedly been associated with adverse neurological effects including learning disabilities, lowered IQ and behavior difficulties.
Long-term arsenic exposure is associated with increased risk of cardiovascular disease and increased risks of skin, bladder and lung cancers, according to the Walmart class action lawsuit.
Plaintiff Gary McLean claims he purchased and consumed the recalled Walmart apple juice products. Had he known they contained high levels of inorganic arsenic that exceeded industry standards, he says he would not have purchased the products or would not have paid as much for them.
He argues that Walmart owed a duty to consumers to produce products safe for their intended consumption yet failed to ensure its productsโ safety. He also alleges Walmart failed to disclose its products were unsafe due to inorganic arsenic levels that exceeded industry standards.
McLean seeks to represent a nationwide class of consumers who purchased the recalled Walmart apple juice products. He also seeks to represent a North Carolina and Arkansas subclass.
The Walmart class action lawsuit asserts claims for unjust enrichment, negligence, negligent failure to warn, fraudulent concealment, strict products liability and breach of express and implied warranties.
Did you purchase any of the recalled Walmart apple juice products? Tell us what you think about the recall in the comments.
McLean is represented by Jacob Dylan White and Russell Winburn of Taylor King Law and Paul J. Doolittle of Poulin Willey Anastopoulo LLC.
The Walmart apple juice class action lawsuit is Gary McLean v. Walmart Inc., Case No. 5:24-cv-05189-TLB, in the U.S. District Court for the Western District of Arkansas, Fayetteville Division.
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One thought on Walmart class action alleges apple juice contains high arsenic levels
My husband got extremely ill after drinking multiple of the big jugs of this apple juice. We didnโt know about the recall until days later and he was so sick he thought heโd need to go to the ER. He was sick again with the same thing a week later so we think he may have long lasting effects of the arsenic poisoning. We would absolutely like to join this class action lawsuit if possible.