A class-action lawsuit against Simply Orange claims its juice contains harmful PFAS chemicals, despite being marketed as all-natural. While PFAS are linked to health risks, no specific injuries have been reported. Affected consumers may be eligible for reimbursement if they were misled by the product's claims.
Summary
Juice allegedly contains harmful PFAS chemicals while marketed as all-natural
PFAS are linked to cancer and other health issues
Class-action targets misleading advertising, not specific injuries.
The lawsuit against Simply Orange made a big splash when it was filed in 2022. While fruit juice is supposed to be nutritious, the lawsuit alleged that the packaged juice products might instead contain a harmful class of chemicals called per-fluoroalkyl substances and poly-fluoroalkyl substances (PFAS). These allegations concerned many consumers, particularly parents who had given the juice to their children.
The lawsuit leveled accusations against one of the richest and most powerful companies in the world. Simply Orange is a subsidiary of The Coca-Cola Company, which earns a net revenue of over $43 billion annually.
platforms like YouTube and TikTok. Videos posted on these platforms ran with information from the lawsuit and branded Simply Orange juices as
The lawsuit certainly presented troubling test results showing a high level of PFAS in bottled orange juice. But almost everything else you heard about the lawsuit against Simply Orange was probably exaggerated.
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Simply Orange Lawsuit Update
In late 2022, a consumer in New York filed a Simply Orange class-action lawsuit. This lawsuit presented laboratory test results indicating that Simply Tropical contained 100 times the level of PFAS permitted by the EPA.
The media often refers to PFAS as “forever chemicals” due to the fact they don’t break down in the body. Instead, they remain in your cells, building in amount and concentration throughout your life. The science is unclear, but some studies suggest a link between PFAS and the following health issues:
Increased risk of prostate, kidney, and testicular cancers
Decreased fertility
High blood pressure, particularly in pregnant women
Developmental delays in children
Suppressed immune system
Interference with hormone levels
Importantly, the class action lawsuit does not allege that consumers of Simply Orange juice products suffered disease or death as a result of chemical exposure. Instead, it only alleges the company misled consumers by failing to disclose the existence of PFAS in its products. Similar to the Lululemon lawsuit, the business is not being accused of harming consumers who wore the company’s clothing that contained PFAS. Instead, it is based strictly on misleading consumers about the product’s environmental friendliness.
More specifically, the lawsuit asserts that Simply Orange markets its products as all-natural and free from synthetic additives such as:
Artificial flavoring
Artificial coloring
Genetically modified organisms (GMOs)
However, testing showed the presence of PFAS in Simply Orange juice products. According to the plaintiffs, this inconsistency means that Simply Orange either misdescribed the contents of its juices or failed to filter PFAS from its products. In either case, the company misled consumers about the product’s contents.
If the plaintiffs succeed in winning or settling the class action lawsuit, consumers who bought Simply Orange juice products might receive reimbursement for some or all of what they spent on the mislabeled products.
Simply Orange Lawsuit for Personal Injury
As of April 2023, no consumers have filed lawsuits alleging that PFAS in Simply Orange juice products caused injury, disease, or death. This could still happen. Scientific studies have only recently looked at the health effects of PFAS. Also, many of the diseases and conditions allegedly caused by PFAS take time to develop.
For example, thousands of plaintiffs have filed lawsuits against another product containing PFAS. Firefighters use aqueous film-forming foam (AFFF) to smother flames. These foams contain PFAS that accumulate in the bodies of firefighters, military service members, and other people exposed to them. Over time, these people have contracted cancer and other health conditions at a much higher rate.
Many of these plaintiffs have received significant compensation through AFFF lawsuit payouts.
In the future, consumers of Simply Orange juice products may also develop health conditions due to PFAS exposure. These injured plaintiffs may file lawsuits against Simply Orange, alleging that its products were dangerously defective because they contained a toxic chemical.
This hypothetical lawsuit could result in large compensation awards for plaintiffs. Prostate, kidney, and testicular cancers are painful, expensive to treat, and often deadly. As a result, victims might receive anywhere from tens of thousands to millions of dollars in compensation for the health problems from PFAS. However, at this point, no consumer has filed a lawsuit against Simply Orange asserting such claims.
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Simply Orange & Cancer
PFAS are sometimes used as a coating for products to make them resistant to heat, grease, oil, stains and water, according to the Centers for Disease and Control and Prevention.
Studies conducted in animals have shown that exposure to high levels of PFAS could affect reproduction, the thyroid gland, the immune system and could be particularly harmful to one’s liver, the CDC says.
However, more research is needed to gauge how PFAS affect a person’s health, according to the agency. One specific PFA known as PFOA — which the New York plaintiff claims is found in the Simply Tropical drink — is classified as a “possible human carcinogen” because of its potential link to kidney cancer, according to the National Cancer Institute.
This begs the question: Is there a link between Simply Orange and cancer?
A 2020 study conducted by Consumer Reports found that several popular brands of water, including Coca-Cola’s sparkling mineral water brand Topo Chico, contained “toxic” PFAS. Specifically, Topo Chico was found to have the highest levels of PFAS, according to Consumer Reports. Learn more about the connection between AFFF foam and cancer.
Learn More About the Simply Juice Lawsuit From ConsumerShield
Consumer protection lawsuits are often trial balloons for future personal injury claims. The Simply Orange litigations might eventually include personal injury lawsuits alleging that the products injured or killed consumers. However, these claims have not yet happened.
ConsumerShield is dedicated to keeping consumers informed and educated about their legal rights. When the time comes, we can connect you with an experienced attorney to provide legal advice and representation. Fill out our contact form for a free case evaluation to learn how we can help you.
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Sarah Edwards
Contributor
Sarah Edwards is a seasoned legal writer with more than a decade of experience.
No. Simply Orange, Simply Tropical, and Simply Lemonade are still on the market. PFAS regulations are undeveloped, and the FDA has only recalled two products for PFAS since 2022. However, the lack of a recall does not affect a plaintiff’s right to file a lawsuit.
Simply Orange is being sued for:
Violating the Magnuson-Moss Warranty Act
Violating the New York Deceptive Trade Practices Act
Defrauding consumers
Breaching an express warranty
These claims boil down to false advertising. The plaintiffs allege that Simply Orange claims its products contain all-natural ingredients, but PFAS are not “all natural.”
No one knows the answer to this question. However, no consumers have filed lawsuits against the company alleging an injury due to PFAS exposure from drinking Simply Orange juices. Instead, the only pending lawsuit involves deceptive or misleading advertising because Simply Orange does not disclose that its juices contain PFAS.
If Simply Orange and The Coca-Cola Company settle the class action lawsuit, their exposure is limited to the sale price of the products. In other words, consumers misled by the labels might receive a dollar or two for each bottle of Simply Orange juice they purchased.
