This blog post has been edited. It was originally posted on March 26, 2014. Facts of this case may have developed or changed since the original post date. Settlements/verdicts may have been reached or are in progress.
PepsiCo Faces Lawsuit by California Consumer
Dangerous Chemical Found in Pepsi One
According to Kelly Ree, who purchased the product in 2012, Pepsi One contains dangerous levels of 4-methylimidazole (4-MEI)—a chemical formed during the production of caramel-coloring agents used in some foods and beverages. She contends that PepsiCo did not adequately warn consumers about the high levels of this chemical, which is a violation of California’s Proposition 65.
In 2007, a study published by the National Toxicology Program, a branch of the U.S. government, found evidence that 4-MEI increased the incidence of lung cancer in mice. This study prompted 4-MEI to be added to California’s list of carcinogens covered under Proposition 65.
Changes to PepsiCo’s Formula
After 4-MEI was added to the list of carcinogens required to be reported under the law, PepsiCo announced formula changes in an effort to reduce the amount of 4-MEI in its beverages. These changes allow the company to avoid the required disclosure and make the product safer for consumption. The lawsuit contends that if Ree had known about the carcinogen, she would not have purchased Pepsi One in 2012.
Lawsuit Demands Against PepsiCo
Ree is seeking an undisclosed monetary amount as well as an injunction requiring PepsiCo to either reduce the amount of 4-MEI in its products or include a warning on product labels indicating the potential dangers. According to the California Office of Environmental Health Hazard Assessment, 4-MEI was added to the list of carcinogens under Proposition 65 on January 7, 2011.
When a company’s actions are suspected as a cause or contributing factor in incidents that can cause injury or death, a product liability claim may be warranted. Contact Dallas-Fort Worth lawyers at Frenkel & Frenkel to schedule a free initial consultation regarding potential actions against companies whose products may have caused harm.