GIANT Orange Soda Contains FDA-Banned Brominated Vegetable Oil, Class Action Says

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A proposed class action lawsuit alleges GIANT-brand orange soda is unfit for consumption since it contains brominated vegetable oil (BVO), a food additive banned by the Food and Drug Administration (FDA) in July 2024.

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The 31-page lawsuit against The GIANT Company shares that BVO is a vegetable oil that is modified with bromine and used as a stabilizer for citrus fruit-flavored drinks. The BVO in citrus beverages keeps the citrus flavoring from separating and floating in the product, the suit specifies.

Per the case, the FDA revoked the food additive regulation authorizing the use of BVO in food items in early July 2024. The decision stemmed from studies conducted in collaboration with the National Institutes of Health that found the potential for adverse health effects in humans from BVO consumption, the filing says.

The class action contends that the plaintiff and other consumers who bought GIANT-brand orange soda containing BVO have spent money on a defective product that is “worthless, or worth less than the price paid.”

According to the complaint, animal and human data suggest that high levels of BVO exposure can damage the central nervous system. In particular, BVO has toxic effects on the thyroid gland and can cause hypothyroidism, the case states.

Further, bromine, an ingredient in BVO, has been linked to neurological symptoms in people who consume large quantities of citrus soda, the filing shares.

The lawsuit looks to recover the costs of medical evaluations, among other alleged damages, for the plaintiff and proposed class members.

“Due to the negative health effects associated with prolonged consumption of BVO containing [sic] products, Plaintiff must undergo periodic medical testing to detect and protect themselves from future injury or illness,” the case shares.

The filing mentions that “most major soda brands” have already removed BVO from their products, and the additive is not allowed in food in Japan, the European Union, California, Missouri, Washington, New York or Illinois due to the potential negative health effects.

Though the GIANT orange soda label discloses that the beverage contains BVO, the label does not disclose the fact that prolonged consumption of the additive is known to have significant health consequences, the case says.

The GIANT soda lawsuit looks to cover all individuals in the United States who have bought GIANT-brand orange soda within the applicable statute of limitations period.

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