A class action lawsuit against The Coca-Cola Company and its subsidiary, Simply Orange Juice Co., has been significantly revised and expanded.
The amended complaint, filed by Joseph Lurenz in a New York federal court on July 9, alleges that all Simply Orange juice products contain harmful per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.”
This revised action follows a previous dismissal and broadens the scope of the lawsuit to include all Simply Orange flavors purchased nationwide.
The lawsuit was initially dismissed in June by Judge Nelson Roman, who determined that the original complaint’s reliance on a single test result was insufficient for class action certification.
Judge Roman cited case law suggesting that a single sample could either be a false positive or indicative of isolated contamination. The dismissal was without prejudice, allowing the plaintiffs the opportunity to amend their complaint and resubmit their case.
In response to the dismissal, Lurenz and his legal team conducted additional testing, which they claim has uncovered PFAS contamination in a broader range of Simply Orange products.
The amended complaint now encompasses a nationwide class of consumers who purchased the following Simply Orange varieties: Pulp Free, Medium Pulp, High Pulp, Light Orange, Mango, Apple, Lemonade, Watermelon, Grapefruit, Fruit Punch, and Tropical.
Lurenz asserts that the presence of PFAS in these products was not disclosed to consumers, who were led to believe that the juices were pure and natural. The lawsuit alleges that this deceptive marketing practice misled consumers and caused them to purchase products that contain harmful chemicals.
The updated class action suit seeks certification to represent all affected consumers across the United States. It includes claims under the New York Deceptive Trade Practices Act, New York State Agriculture and Markets Law, as well as allegations of negligence and unjust enrichment. The plaintiffs are seeking damages, legal fees, and a jury trial.
The case, Joseph Lurenz v. The Coca-Cola Co., is filed under Case No. 7:22-cv-10941 in the U.S. District Court for the Southern District of New York.
The plaintiff is represented by Jason P. Sultzer and Philip J. Furia of Sultzer & Lipari PLLC, along with Nick Suciu III, Gary Klinger, Erin Ruben, and J. Hunter Bryson of Milberg Coleman Bryson Phillips Grossman PLLC.
