Milberg Files Nantucket Nectars PFAS Lawsuit

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October 13, 2022

by Brian Eckert

Milberg attorneys are representing a plaintiff who claims that Nantucket Nectars-brand Orchard Apple beverages are “unfit for human consumption” because the plastic bottles they come in contain so-called “forever chemicals” shown to be harmful to human health. The class action lawsuit makes the case that the product is falsely advertised and misleads consumers into believing it is safe to ingest.

If you purchased Nantucket Nectars Orchard Apple drink, you may be automatically eligible to join this lawsuit and share in any verdict or settlement that results.

PFAS Associated With Numerous Health Risks

Defendant Keurig Dr. Pepper Inc. produces the Nantucket Nectars brand of drinks, including the Orchard Apple beverage that is the subject of this lawsuit.

Product labeling indicates that the Orchard Apple juice contains “100% natural ingredients,” but this ignores the fact that its packaging has been found to contain perfluorooctane sulfonic acid (PFOS), which is classified as a PFAS.

No reasonable consumer would expect a product without potentially dangerous chemicals listed in its ingredient list to contain those chemicals, and no reasonable consumer would expect a product marketed as containing “all natural ingredients” would contain dangerous man-made chemicals.

Per- and polyfluoroalkyl substances (“PFAS”) are a group of synthetic, man-made chemicals used to make coatings and products resistant to grease, heat, oil, stains, and waters. They’re found in a wide variety of products, from clothing and furniture to food packaging and non-stick cooking surfaces.

The CDC notes that PFAS do not break down in the environment and human exposure may occur from consuming PFAS-contaminated food, water, and products containing PFAS, such as Defendant’s Orchard Apple product. Possible health concerns of PFAS include thyroid disorders, immunotoxicity effects, liver damage, decreased fertility, asthma, and cancers.

PFAS Levels in Apple Orchard Drink Exceed EPA Safety Limits

Independent research has determined that Nantucket Nectars Orchard Apple bottles contain PFOS in amounts that far exceed the EPA limit for safe consumption.

Until June 2022, the EPA set a health advisory level of 70 nanograms per liter (ng/L) for PFOA and PFOS, individually or combined. However, in June 2022 EPA drastically lowered these limits.

Testing indicates that PFOS levels for Orchard Apple packaging are 123 ng/L—orders of magnitude greater than someone would receive from drinking a liter of water that contains PFAS at the maximum level considered safe by the EPA.

Lawsuit Contends Consumers Misled About Product

Despite the elevated levels of PFAS found in Nantucket Nectars Orchard Apple bottles, nowhere does Keurig Dr. Pepper notify consumers about the health risks its product may pose to consumers. In fact, the company cultivates an image of the beverage as safe and natural. For example, the representation that the beverage contains “all natural ingredients” is boldly and conspicuously displayed on the label, and just 3 ingredients—filtered water, apple juice concentrate, and natural flavors—are listed.

According to Milberg’s lawsuit, these representations would lead a reasonable consumer to believe that the beverage can be “safely purchased and consumed as marketed and sold,” even though it containing heightened levels of PFAS chemicals.

“No reasonable consumer would expect a product without potentially dangerous chemicals listed in its ingredient list to contain those chemicals, and no reasonable consumer would expect a product marketed as containing ‘all natural ingredients’ would contain dangerous man-made chemicals,” states the complaint. “Defendant’s deceptive representations and omissions are material in that a reasonable person would attach importance to such information and would be induced to act upon such information in making purchase decisions.”

Nantucket Nectars PFAS Plaintiff and Proposed Class

The lead plaintiff in the class action lawsuit is a New York resident who purchased Nantucket Nectars beverages containing PFAS. Plaintiff asserts that their purchasing decision was based on a review of product labeling and manufacturer claims that the Orchard Apple drink was free of harmful chemicals like PFAS. They maintain that had they known the truth about the product, they would not have bought it, or would not have bought it on the same terms.

Plaintiff asserts claims for economic injuries and seeks to establish two separate classes—a national class and a New York class—that meet the following criteria:

During the fullest period allowed by law, all persons who purchased the Product within the United States/the State of New York for personal use and not for resale.

The lawsuit was filed in U.S. District Court for the Eastern District of New York. Eligible consumers do not have to hire a lawyer or pay legal fees to take part. Milberg class action lawyers are representing all members on a contingency-fee basis.

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