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California woman files class action alleging Welch's failed to warn consumers about lead, arsenic in its products

Federal Court

By Carrie Bradon | Jul 26, 2019


Fisher

LOS ANGELES (Legal Newsline) – A California woman recently filed a class action complaint against Welch’s alleging the beverage and foods company failed to warn consumers about lead and arsenic in its products. 

Christina Labajo, who lives in Ontario, California, filed the complaint on behalf of herself and all others on July 16 in the U.S. District Court for the Central District of California against Welch Foods Inc. alleging violation of the California Business & Professions Code, violations of the California Consumer Legal Remedies Act and unjust enrichment.

The complaint alleges Welch's products contain dangerous levels of lead and arsenic, as stated in a Consumer Reports study in January. The complaint said Welch’s White Grape Juice and Concord Grape Juice were assessed and stated to be dangerous to both adults and children when consumed in a serving size of more than a half cup a day. 

Labajo alleges in the complaint that consumer are within their rights to believe that Welch’s would not sell a product that was unsafe for human consumption, as their products are consumables. The complaint also said Labajo believes it is absurd for Welch's to expect consumers to know not to consume more than half a serving size due to a full serving size being unsafe.

The complaint asks for a trial by jury and seeks relief and judgment against Welch's, restitution, punitive damages, attorneys’ fees, a disclosure by Welch's stating the dangerous substance levels in their products, court costs and other relief deemed fit. 

Labajo is represented by L. Timothy Fisher, Joel D. Smith and Blair E. Reed of Bursor & Fisher P.A. in Walnut Creek, California.

U.S. District Court for the Central District of California case no. 5:19-CV-01306

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