Apple Juice Recall: Walmart Facing Class Action Lawsuit Filed Over Arsenic Contamination
McLean v. Walmart, Inc.
Filed: September 12, 2024 ◆§ 5:24-cv-05189
Walmart faces a class action lawsuit in the wake of a recall of Great Value Apple Juice due to elevated levels of inorganic arsenic.
Walmart has been hit with a proposed class action lawsuit in the wake of a recall of Great Value Apple Juice due to dangerously elevated levels of inorganic arsenic.
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The 22-page Walmart apple juice lawsuit was filed in Arkansas on September 11, 2024, just over two weeks after nearly 10,000 cases of the Great Value products were recalled across 25 states in late August by supplier Refresco Beverages US after the juice was found to contain levels of inorganic arsenic, a heavy metal, in excess of the FDA’s 10 parts per billion (ppb) limit.
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The recall was expanded this month to include apple juice products sold at several national retailers, with non-defendant Refresco voluntarily recalling an additional 141,300 cases of apple juice sold under various brands by Walmart, Aldi, Market Basket, Walgreens, BJ’s Wholesale Club and more.
The Great Value apple juice that was recalled includes six-packs of 8oz apple juice packaged in PET plastic bottles bearing the UPC 0-78742-29655-5 and Great Value 100% Apple Juice 96oz with the UPC 0-78742-229539. States and territories covered by the apple juice recall are Alabama, Connecticut, D.C., 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.
The Walmart lawsuit alleges the Great Value apple juice sold by the mega retailer is unfit for consumption. The filing stresses that inorganic arsenic is considered more dangerous than organic arsenic, with short-term exposure possibly causing nausea, vomiting, bruising, numbness, neurological effects and other health problems.
According to the case, the Great Value apple juice recalled by Walmart was found to contain 13.2 ppb of inorganic arsenic, a level that prompted the FDA to give the recall “a more urgent classification.”
The Walmart complaint contends that consumers nationwide who bought Great Value apple juice have paid for “a defective product that is worthless, or worth less than the price paid.”
“At the time of their purchases, Defendant didn’t notify Plaintiff, and similarly situated consumers, of the Product’s risk of containing inorganic arsenic exceeding the FDA’s standard allowed in apple juice through the product labels, instructions, ingredients list, other packaging, advertising, or in any other manner, in violation of the state and federal law.”
Small traces of arsenic may be present in water, soil and apple trees, and thus may be naturally found in apple juice. Inorganic arsenic is a known carcinogen, exposure to which may be particularly dangerous for children.
The apple juice recall lawsuit looks to cover all United States residents who bought 8-ounce Great Value brand apple juice bottles and/or the Great Value 100% Apple Juice, 96-ounce bottles (UPC 0-78742-29655-5 and UPC 0-78742-229539, respectively) within the applicable statute of limitations period.
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