FOLLOW US

A New York man has filed a revised proposed class action lawsuit against Coca-Cola and its Simply Orange Juice Co. subsidiary, alleging that the companies deceptively market their juices as pure, healthy, and all-natural while they actually contain harmful, man-made forever chemicals known as PFAS.

Coca Cola PFAS Lawsuit  : Amended Complaint Filed

Joseph Lurenz, a resident of Dutchess County, filed the amended complaint on Tuesday. This follows U.S. District Judge Nelson Roman's dismissal of Lurenz's prior complaint in June. The judge had found that the initial claims were based on test results not adequately connected to Lurenz's own purchases of Simply Orange products.

Lurenz claims that independent third-party testing has revealed "widespread and uniform contamination" in Simply Orange products. Tests indicated levels of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in Simply Tropical that are more than 100 times higher than the lifetime health advisory levels set by the U.S. Environmental Protection Agency for drinking water exposure.

Recent Findings and Systemic Contamination

Additional testing in July uncovered significant levels of per- and polyfluoroalkyl substances (PFAS) in other Simply Orange products, Lurenz informed the court. He emphasized that the PFAS contamination likely affects the entire product line, a conclusion supported by recent tests on two Simply Orange products he purchased, including pulp-free Simply Orange and Simply Orange with Mango.

"The pulp-free Simply Orange was found to contain the dangerous compound perfluorobutanesulfonic acid, while the pulp-free Simply Orange with Mango tested positive for PFOS, considered one of the most detrimental PFAS substances," Lurenz stated.

Coca-Cola's Knowledge and Marketing Practices

According to Lurenz, Coca-Cola has been aware of PFAS concerns since at least 2021. Despite this, the company has continued to market Simply Orange as transparent, natural, and simple, boasting about its use of "pure filtered water" and "all-natural ingredients" to attract health-conscious consumers. Lurenz contends that Coca-Cola has failed to disclose the presence of PFAS or take adequate steps to eliminate them from their products.

"The term 'pure filtered water' on the product's label is false and misleading because the products contain multiple types of PFAS chemicals which may be removed by water filtration systems," Lurenz asserted in the amended complaint. "The products are further misbranded because their labeling is false and misleading insofar as they purport to be 'all natural' and do not disclose the presence of PFAS."

Coca Cola PFAS Lawsuit  : Legal Allegations

The complaint alleges violations of the New York Deceptive Trade Practices Act and New York State Agriculture and Markets Law, as well as claims of negligence and unjust enrichment.

Representatives for the parties were not immediately available for comment on Thursday.

Lurenz is represented by Jason P. Sultzer and Philip J. Furia of Sultzer & Lipari PLLC and Nick Suciu III, Gary Klinger, Erin Ruben, and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC. Coca-Cola is represented by Angela M. Spivey, Elizabeth A. Buckel, and Andrew G. Phillips of Alston & Bird LLP.