La Flor Spices May Contain Toxic Heavy Metals, Class Action Alleges
by Erin Shaak
Dardarian v. La Flor Products Company, Inc.
Filed: January 30, 2022 ◆§ 2:22-cv-00547
A lawsuit alleges certain La Flor spices are misleadingly labeled in that they fail to warn consumers that the products may contain toxic heavy metals.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
New York
A proposed class action alleges certain La Flor spices are misleadingly labeled in that they fail to warn consumers that the products may contain concerning levels of toxic heavy metals.
The 19-page lawsuit echoes similar suits filed in the wake of a November 2021 Consumer Reports investigation in which the publication found that many popular brands of herbs and spices contain unsafe levels of arsenic, lead and cadmium. According to the complaint, La Flor’s ground turmeric and ground ginger products were among the spices found to contain heightened levels of heavy metals.
The case claims that the defendant’s packaging of its spices is misleading to consumers, who would not have purchased the products had they known the items contained heavy metals in levels above what’s considered safe for children and adults.
Per the complaint, 40 of the 126 products tested by Consumer Reports had high enough levels of arsenic, cadmium and lead that they pose a health concern to children if consumed regularly, and most “raised concern” for adults as well. The suit states that exposure to heavy metals can pose a health concern for children in particular, and may inhibit brain function, damage neurological development and cause “a wide spectrum of adverse outcomes in pregnancy.”
Lead exposure is especially concerning, the lawsuit adds, given the fact that the heavy metal accumulates in the body over time. According to the Agency for Toxic Substances and Disease Registry, “there are no safe limits for [lead],” the case says.
“A dose of lead that would have little effect on an adult can have a significant effect on a child,” the complaint reads. “In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.”
The lawsuit argues that La Flor failed to disclose the presence of toxic heavy metals in its ground turmeric and ground ginger products in order to sell the spices at a premium price. According to the case, consumers would not have purchased or consumed the spices had they known of the potential presence of heavy metals.
The suit looks to represent anyone in the U.S. who purchased and consumed the La Flor ground turmeric and ground ginger products from the beginning of the applicable statute of limitations period until the date of class certification.
When a proposed class action such as the one detailed on this page is just filed, it may be a while before those who may have been affected by a defendant’s alleged conduct can take action. It’s generally only after a case settles that a consumer can file a claim for their share of the settlement. In the meantime, check back on this page for updates, or sign up for ClassAction.org’s free weekly newsletter to stay in the loop.
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