Bolthouse Farms’ Green Goodness Smoothie Contains ‘Forever Chemicals,’ Class Action Says [DISMISSED]
Last Updated on July 19, 2024
Smith v. Wm. Bolthouse Farms, Inc.
Filed: January 19, 2023 ◆§ 2:23-cv-00373
Bolthouse Farms faces a class action lawsuit that alleges one of its fruit juice smoothies contains toxic per- and polyfluoroalkyl substances (PFAS), often called “forever chemicals.”
Magnuson-Moss Warranty Act New York General Business Law New York Deceptive Acts and Practices Act
New York
May 2, 2023 – Bolthouse Farms Green Goodness Smoothie Class Action Dropped by Plaintiff
The proposed class action lawsuit detailed on this page was voluntarily dismissed without prejudice by the plaintiff on February 22, 2023.
Court records show that the plaintiff voluntarily dropped the suit one month after filing the complaint. The woman’s counsel filed a one-page notice of dismissal with United States District Judge Gary R. Brown in late February, and the New York court closed the case the same day.
The notice of dismissal does not include a reason as to why the plaintiff dropped the case.
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Bolthouse Farms faces a proposed class action lawsuit that alleges one of its fruit juice smoothies contains toxic per- and polyfluoroalkyl substances (PFAS), often called “forever chemicals.”
The 45-page Bolthouse Farms PFAS lawsuit says that the company heavily promotes its Green Goodness product as a healthy “100% Fruit Juice Smoothie” that’s free of artificial ingredients and containing almost three servings of fruit in one bottle. However, independent testing by the New York-based plaintiff showed that the product contains PFAS, a group of toxic man-made chemicals linked to numerous harmful health and environmental effects, the suit claims.
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Commonly known as “forever chemicals” because they accumulate in the body over time, PFAS are well-understood to be damaging at even low levels of exposure, the complaint relays. Studies show that exposure to these synthetic chemicals can lead to reproductive complications, developmental concerns in children, increased risk of cancer, immune system deficiencies, and numerous other adverse health conditions, the filing explains.
Bolthouse Farms’ alleged misrepresentation of the Green Goodness fruit smoothie “exposes hundreds of thousands of unsuspecting consumers to toxic synthetic chemicals in direct contradiction to [the defendant’s] uniform label claims,” the case charges.
Per the lawsuit, the product’s name, “Green Goodness,” is intended to assure consumers that the fruit juice smoothie is natural and healthy. The front label states that the product contains no added sugar and is a “good source of Antioxidant C & Vitamin B12,” the suit says. On the left-side label, above a slew of fruits, vegetables, and vitamins listed as ingredients, the product invites consumers to “Feel Good About What’s in This Bottle,” the complaint adds.
Moreover, Bolthouse Farms’ new packaging for the smoothie—which was introduced in December 2022 and included a front-label banner reading “Feel Good Nutrition”—further reinforces the product’s association with healthy, natural ingredients, the filing argues.
According to the lawsuit, the defendant “aggressively market[s]” to the health-conscious public and leans on its reputation as a supporter of healthy living and natural products to persuade consumers that the Green Goodness smoothie is nutritious and free of objectionable ingredients.
Like other consumers, the plaintiff, who bought the fruit juice smoothie on numerous occasions, reasonably believed based on the company’s representations that the product contained no artificial ingredients, let alone synthetic chemicals that could negatively impact her health, the suit contends.
The lawsuit looks to represent anyone in the United States who purchased the Bolthouse Farms-brand Green Goodness fruit juice smoothie for personal use and not for resale.
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