Cava Food Packaging Contains Unsafe PFAS, Class Action Claims

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A proposed class action lawsuit alleges certain Cava grain and salad bowls are unfit for human consumption because their packaging contains “heightened levels” of fluorine, which can indicate the presence of harmful per- and polyfluoroalkyl substances (PFAS). 

The 45-page suit says that although Cava claims its products are healthy and sustainable, the items’ packaging, including the restaurant’s fiber trays and bowls, according to Consumer Reports, contains more than 508 parts per million (ppm) of organic fluorine. This amount is well over the 100 ppm threshold adopted by groups that include the Biodegradable Products Institute and the Supply Chain Solutions Center, the case relays. 

Further, the complaint contends that the results of Consumer Reports’ study are significant in that levels of fluorine that high, even if no PFAS are present, are nevertheless “worrisome.” Both fluorine, a “highly toxic” chemical, and PFAS can migrate from packaging onto consumers’ food and then be ingested, the suit says.  

Cava has nevertheless failed to warn consumers about the potential toxicity of its packaging, according to the case. 

“Thus, based on Defendant’s representations, a reasonable consumer would expect that the Products can be safely purchased and healthily consumed as marketed and sold,” the lawsuit reads. “However, the products are not safe or healthy, posing a significant health risk to unsuspecting consumers. Nor are the Products sustainable.” 

According to the complaint, PFAS are a group of synthetic chemicals known to be harmful to humans and the environment, even at very low levels, given their persistence and tendency to accumulate over time. Per the case, PFAS are often used in food packaging because of their ability to act as a barrier to grease. 

The complaint argues, however, that PFAS need not be used in food packaging, as evidenced by the fact that a number of Cava’s competitors’ products, per the case, have been tested by researchers and found to contain no levels of fluorine. 

The lawsuit claims that in light of this, Cava “would have had knowledge that it could produce the Product packaging without the heightened levels of fluorine and PFAS inherent in its current composition.” 

“Yet, Defendant chose not to, and instead concealed and affirmatively misrepresented this information to consumers, to increase revenues by the cost savings associated with the use of these chemicals,” the filing alleges. 

Cava, the lawsuit says, stresses on its website its ongoing efforts to ensure that its food packaging continues to be “responsibly sourced, compostable, functional, and now PFAS free,” and heavily markets its products and brand identity toward health-conscious consumers. The suit argues that no reasonable consumer would expect a product marketed as safe and sustainable to contain heightened levels of fluorine and PFAS. 

The lawsuit looks to cover all consumers in the United States who bought Cava’s grain and salad bowls.

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