Food Lion Class Action: Omazing Orange Soda Contains Toxic Ingredient, Lawsuit Alleges

Case Overview: A class action lawsuit has been filed against Food Lion, alleging the company's Omazing Orange Soda contains a potentially toxic ingredient called brominated vegetable oil (BVO) and that the company failed to disclose the associated health risks to consumers. 

Consumers Affected: Individuals who purchased Food Lion's Omazing Orange Soda. 

Court: U.S. District Court for the Middle District of North Carolina

Food Lion misleads consumers by selling its Omazing Orange Soda without disclosing health risks tied to an additive called brominated vegetable oil, a new lawsuit alleges.

The ingredient, often used to stabilize citrus flavors, has been linked to adverse health effects when consumed in large amounts, and the lawsuit argues that Food Lion misrepresented the product’s safety, failing to warn consumers of potential toxicity associated with regular consumption.

Food Lion Lawsuit: Omazing Orange Soda Contains Toxic Ingredient, Consumer Claims

South Carolina resident Shavonne Daniels filed the proposed class action lawsuit against Food Lion after she said she purchased the orange soda at a Food Lion store trusting the product’s quality and safety. 

According to her complaint, she thought the soda was fine for regular consumption without adverse effects, and had she known the risks associated with BVO she would have never bought the soda. She argues that by leaving out the risks in its labeling and marketing, Food Lion deprived consumers of the ability to make informed purchasing decisions.

“No reasonable consumer would expect the product, a citrus flavored beverage, to cause neurological symptoms, hypothyroidism, and depression,” the lawsuit states. “Due to the negative health effects associated with prolonged consumption of BVO containing products, [Daniels] must undergo periodic medical testing to detect and protect themselves from future injury or illness.”

Health Risks Associated with Brominated Vegetable Oil (BVO) in Soda

BVO, used as a stabilizer in some citrus drinks, is derived from vegetable oil treated with bromine, a chemical known for its toxicity in high amounts. Studies have shown that excessive exposure to bromine can lead to a range of health issues, including neurological symptoms, depression, and thyroid dysfunction, potentially causing weight gain and fatigue. 

High levels of BVO consumption have even been linked to memory issues, tremors, and other nervous system complications. Due to these risks, BVO has been banned as a food additive in several countries, including the European Union and Japan, and certain U.S. states have also restricted its use, the lawsuit explains.

FDA Takes Action to Regulate BVO in Food Products

BVO was initially approved by the FDA in the 1950s but was re-evaluated in the 1960s after emerging health concerns. In 1970, the FDA removed BVO from its list of “generally recognized as safe” (GRAS) ingredients, restricting its use. 

In July, the FDA moved to revoke BVO’s authorization entirely, citing research that pointed to potential health risks, particularly to the thyroid gland. Studies conducted in conjunction with the National Institutes of Health indicated that BVO could accumulate in tissues and pose long-term health threats, leading the FDA to advise against its use in food products.

Other Beverage Companies Face Lawsuits Over Ingredient Labeling

Daniels' lawsuit mirrors other cases in which beverage companies have faced scrutiny over ingredient labeling and health claims. Food Lion isn’t alone in dealing with allegations around BVO; a similar lawsuit has been filed against GIANT for its own orange soda containing BVO. 

Coca-Cola is also facing legal action over its Minute Maid Fruit Punch, which advertises “No Preservatives Added,” despite containing citric acid, a natural preservative. Aspire Brands is facing a similar lawsuit that alleges the company falsely advertised its energy drinks as "natural" and "preservative-free" when they contain synthetic preservatives.

In her lawsuit against Food Lion, Daniels wants to represent consumers from across the country in her claims of unjust enrichment, negligence, fraudulent concealment, breach of implied warranties, and more. She is seeking medical monitoring, damages, interest, injunctive relief.

Case Details

• Lawsuit: Daniels v. Ahold Delhaize USA, Inc., et al.
• Case Number: 1:24-cv-876
• Court: U.S. District Court for the Middle District of North Carolina 

Plaintiffs' Attorneys

• Tiffany N. Lawson and Paul J. Doolittle (Poulin | Willey | Anastopoulo, LLC)

Have you purchased Food Lion's Omazing Orange Soda? Share your thoughts in the comments below.