Pepsi, Goya Accused of Hiding Levels of Potentially Dangerous Caramel Color

You are what you eat, but do you really know what you’re eating? Reading the list of ingredients may not be enough, according to a new lawsuit that accuses PepsiCo and Goya Foods, Inc. of hiding exactly how much 4-methylimidazole is contained in their products. Adding to concerns is the fact that 4-mel is an alleged carcinogen and, as of last week, is the subject of an FDA investigation.

The ‘natural’ label on foods and beverages containing any artificial ingredient is misleading

4-mel is generated during the manufacture of caramel colors III and IV, and while the FDA has stated it does not believe the chemical poses a health risk at current levels of use, previous research has suggested that, at high enough levels, 4-mel can become carcinogenic. It’s not good news for soft drink lovers or consumers at large.

Plaintiff Thamar Santisteban Cortina has now filed a lawsuit in California federal court claiming that several drinks manufactured by Pepsi and Goya contain dangerously high levels of 4-mel and that their products’ labels omit this fact. The suit, and the FDA investigation, follow a study by Consumers Reports that showed higher-than-expected levels of the chemical in drinks such as Pepsi One and Malta Goya. In 12-ounce containers of these drinks, the study found an average of 316.1 micrograms of 4-Mel – while California’s Proposition 65 requires products containing only 29 micrograms or more of 4-mel to carry a health warning label.

According to Consumer Reports, “[our] experts believe that the presence [of 4-mel], particularly at higher levels, found in some brands sampled is worrisome—and poses an unnecessary risk.”

The organization added that they are “concerned that manufacturers aren’t being straight with consumers when labeling products containing 4-MeI as ‘natural.’ We believe the use of the ‘natural’ label on foods and beverages containing any artificial ingredient is misleading, including the artificial ingredient caramel color.”

4-mel is currently considered safe by the FDA to use in food products, but with questions being raised over quite how much is being added to soft drinks, the agency is taking another look. A U.S. government-funded study, published in 2007 (Toxicology and Carcinogenesis Studies of 4-Methylimidazole), was inconclusive about the carcinogenic effects of 4-Mel. While a two-year study on rats revealed no significant data, a two-year study on mice reported increased incidents of certain lung tumors. At the time, the FDA responded that the levels of 4-Mel used in the study far exceeded amounts used in food and drink available to humans. With Consumer Reports’ showing that PepsiCo and Goya products may well contain more 4-Mel than reported, serious questions now need addressing: Just how much 4-Mel are consumers being exposed to, and can the FDA guarantee that there aren’t any associated health risks?

It’s unclear right now when the FDA’s review will be complete, although PepsiCo has already responded to the announcement by reiterating that the company reacted quickly to changes in California’s law and that all products sold in the state contain 4-Mel levels below the legal threshold.

The class action lawsuit filed by Cortina claims that in advertising and selling Pepsi, Diet Pepsi, Pepsi One and Malta Goya, the companies failed to warn consumers about “dangerous levels of 4-MeI that expose consumers to cancer.” Claims are being brought under California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act.

It’s increasingly difficult to know for sure what’s in the foods we eat. Choosing to eat unhealthy food is one thing; unknowingly purchasing and eating products with undesirable ingredients is quite another, and companies have both a legal and moral obligation to accurately reflect all their products’ ingredients on packaging.

For now, the 4-Mel cat is out of the bag, and further studies will be needed to ensure once and for all that the chemical is used safely, if used at all.