GIANT Orange Soda Class Action: "No Preservatives" Claim Challenged

Case Overview: A class action lawsuit has been filed against GIANT, alleging that their orange soda contains BVO, a banned preservative, and that the company failed to warn consumers about the associated health risks.

Consumers Affected: Individuals who consumed GIANT orange soda.

Court: U.S. District Court for the Middle District of Pennsylvania

Orange soda produced by GIANT contains a toxic ingredient that can have serious neurological effects on people who consume it, and the company should have warned consumers of its risks, a new lawsuit alleges.

The lawsuit accuses GIANT failing to warn consumers about Brominated Vegetable Oil (BVO), an oil additive used in food and drinks to keep citrus flavoring from separating and floating in the product, given the risks of its consummation have been known for years. 

In July, the product was banned for use in food by the Food and Drug Administration.

Lawsuit Claims GIANT Orange Soda Contains Toxic Ingredient Linked To Neurological Effects

South Carolina resident Shavonne Daniels, who had purchased GIANT orange soda, filed the proposed class action lawsuit accusing the company of selling her a defective and worthless product. She says that due to the negative health effects associated with prolonged consumption of BVO, she must now undergo periodic medical testing to detect and protect herself from injury or illness.  

The risks associated with BVO consumption include neurological symptoms, hypothyroidism, and depression, according to the FDA. By not disclosing those risks, “Defendant’s conduct deceived Plaintiff into believing prolonged consumption of the Product was safe,” the lawsuit alleges. 

What Is BVO?

BVO is a vegetable oil that is modified with bromine and used as a stabilizer for citrus fruit flavored beverages, as the lawsuit lays out. Studies have shown that use of BVO in food is unsafe and that high levels of exposure can damage the central nervous system. 

More specifically, BVO has toxic effects on the thyroid gland and can cause hypothyroidism, leading to weight gain, and depression.

Bromine, one of the ingredients in BVO, has been linked to neurologic symptoms in people who drink lots of citrus soda, including persistent headaches; numbness or tingling; weakness or loss of muscle strength; loss of sight or double vision; memory loss; impaired mental ability; lack of coordination; muscle rigidity or paralysis; tremors or seizures; and slurred speech.  

FDA Bans BVO In Food Products After Safety Concerns

In the late 1960s, the FDA restricted the use of BVO and only allowed its use as a flavoring-oil stabilizer in fruit-flavored drinks and in 1970, the agency removed BVO from the “Generally Recognized as Safe” list after multiple toxicity studies conducted by the Canadian Food and Drug Directorate showed its effects.

PepsiCo announced that it would remove BVO from Gatorade products in 2013 and in 2014, Coca-Cola announced removal of BVO from all products, including Powerade and Fanta products. 

In 2022, the FDA released its study of BVO in rats, which showed it “is associated with increased tissue levels of bromine and that at high levels of exposure the thyroid is a target organ of potential negative health effects.”

On July 3, 2024, the FDA revoked the food additive regulation that authorized the use of BVO in food items. The FDA’s decision to ban the use of BVO in food came “after the results of studies conducted in collaboration with the National Institutes of Health found the potential for adverse health effects in humans.”

Food Companies Face Increased Scrutiny Over Misleading Labels

Consumers frequently file lawsuits to hold companies to account for their food safety and advertising claims. Coca-Cola’s is currently facing a proposed class action over its promise of “No Preservatives Added” in its Minute Maid Fruit Punch, with two consumers from New York, filing a class action lawsuit against the beverage giant claiming that the label misleads health-conscious customers into thinking they’re sipping on a preservative-free drink when it really contains citric acid.

Meanwhile, Pirate’s Booty has been hit with a similar class action lawsuit accusing the popular snack brand of misleading consumers about its ingredients, by stating the product contains “No Artificial Colors or Preservatives,” when it actually contains citric acid.

In her GIANT orange soda class action lawsuit, 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 damages, interest, injunctive relief.

Case Details

• Lawsuit: Daniels v. The Giant Company, LLC 
• Case Number: 1:24-Cv-01363-Ccc 
• Court: U.S. District Court for the Middle District of Pennsylvania 

Plaintiffs' Attorneys

• Gary F. Lynch (Lynch Carpenter, LLP) 

Have you ever been concerned about the safety of ingredients in your favorite sodas or beverages? Share your thoughts and experiences in the comments below.