CHICAGO (Legal Newsline) - Lawsuits alleging the presence of chemicals known as PFAS in consumer products fail to allege anyone was actually hurt by them, the maker of Capri Sun is arguing.
Kraft Heinz filed a motion to dismiss the class action against it on Feb. 6 in Chicago federal court, claiming the case is trying to force companies to disclose PFAS levels despite there being no current responsibility to do so.
"These substances are not ingredients in the consumer products, but may migrate at low levels into the products (if at all) through soil, water or the manufacturing process," the motion saus.
"None of the cases plausibly allege that the substances are present at levels harmful to any consumer. Nonetheless, they seek to impose on companies a non-existent disclosure obligation with no limiting principle.
"Unsurprisingly, many of these cases have been dismissed at the pleading stage."
Consumer class actions over PFAS are becoming more popular. PFAS are found in firefighting foam and consumer products like non-stick cookware and have made their way into the bloodstreams of virtually every American.
Lawsuits blame the chemicals for a variety of health problems, some of which were linked by a health study that was part of a settlement with DuPont. But others say the science on how PFAS affect the human body is incomplete.
Meanwhile, as the government still requires PFAS in its firefighting foam on military bases, lawyers pursue litigation like an Ohio class action that alleges no illnesses. Most PFAS cases are sent to a federal multidistrict litigation proceeding in South Carolina federal court.
The Capri Sun case says its Strawberry Kiwi juice drink is marketed as containing "all natural ingredients" but fails to disclose PFAS. Kraft Heinz is accused of deceiving customers in order to increase profits.
But like the many other cases, lead plaintiff Alexandra Toribio does not allege physical injury. Kraft Heinz is also curious about the "independent testing" cited in her complaint that confirmed the presence of PFAS.
The federal government has delayed establishing a maximum contaminant level for PFAS, instead offering only an advisory level of 70 parts per trillion. States have passed their own limits, far lower, and hired private lawyers working on contingency fees to sue companies.
"Plaintiff lacks standing to seek damages because she fails to allege an actual injury," Kraft's motion says. "Specifically, Plaintiff does not plausibly allege that the juice pouches she purchased contained PFAS, or that she suffered an economic injury due to an imminent threat of harm from the product."