Class Action Lawsuit Says Food Lion Orange Soda Contains Toxic, FDA-Banned Brominated Vegetable Oil

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A proposed class action lawsuit claims that Food Lion’s Omazing orange soda is unsafe to drink regularly because the product is made with brominated vegetable oil (BVO), an ingredient banned by the U.S. Food and Drug Administration (FDA).

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According to the 25-page lawsuit, BVO is an additive used in beverages to prevent citrus flavoring from separating and floating to the top of the product. As of July 3, 2024, the FDA no longer allows the use of BVO in food products since the substance has been associated with several adverse health effects, such as neurological problems and thyroid issues, the case relays.

The complaint accuses Food Lion and its parent company, Ahold Delhaize, of failing to adequately warn consumers that the orange soda contained a toxic substance. Per the filing, consumers would not have bought the soda had they known that drinking it frequently could significantly increase their risk of contracting a serious latent disease.

The suit notes that repeated exposure to BVO has toxic effects on the thyroid gland and can cause hypothyroidism, leading to weight gain, depression and certain neurological symptoms. Indeed, the complaint says, people who frequently drink large quantities of soda with BVO can experience persistent headaches, numbness or tingling, weakness or loss of muscle strength, loss of sight or double vision, memory loss, impaired mental ability, lack of coordination, muscle rigidity or paralysis, tremors or seizures, and slurred speech.

The lawsuit seeks to recover refunds for those who bought Food Lion’s Omazing orange soda, as well as medical monitoring costs and other alleged damages.

“Although [the defendants] disclosed the product contained ‘Brominated Vegetable Oil’ or otherwise indicated it was ‘Brominated,’ [the defendants] omitted and concealed the fact that prolonged consumption of Brominated Vegetable Oil was known to have significant health consequences,” the Food Lion lawsuit contends. “Thus, [the defendants’] conduct deceived [the plaintiff] into believing prolonged consumption of the product was safe.”

California, Missouri, Washington, New York and Illinois have banned the use of BVO due to health concerns, as have Japan and the European Union, the filing says. In addition, major soda brands PepsiCo and Coca-Cola announced in 2014 that the ingredient would be pulled from all their beverages, the case shares.

The lawsuit looks to represent anyone in the United States who purchased Food Lion’s Omazing orange soda during the applicable statute of limitations period.

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