Health-Ade Kombucha Lawsuit Dismissed After 'Forever Chemicals' Settlement

Case Overview: A class action lawsuit was filed against Health-Ade, alleging its kombucha products contained harmful levels of per- and polyfluoroalkyl substances (PFAS). The lawsuit has been settled.

Consumers Affected: Consumers who purchased Health-Ade kombucha products.

Court: U.S. District Court for the Southern District of New York.

Health-Ade LLC, a popular kombucha brand, has agreed to a settlement to resolve a class action lawsuit that alleged its products contained dangerous levels of per- and polyfluoroalkyl substances (PFAS), also known as "forever chemicals."

The lawsuit, filed by New York kombucha drinker Alanna Morton, alleged that Health-Ade misrepresented its products as natural and organic despite the presence of these harmful chemicals.

Settlement Reached In Health-Ade Kombucha 'Forever Chemicals' Lawsuit

The terms of the settlement agreement have not been disclosed, but U.S. District Judge Cathy Seibel dismissed the class action lawsuit with prejudice, meaning the case cannot be reopened. However, Judge Seibel gave Morton 30 days to restore the action if the settlement fails to pan out.

Lawsuit Alleges Health-Ade Kombucha Contained Dangerous PFAS Levels

Morton's lawsuit claimed that independent lab testing found dangerous levels of PFAS in certain Health-Ade kombucha flavors. PFAS are a family of more than 4,000 chemical compounds manufactured by humans that are known to persist in the environment and accumulate in human bodies. Exposure to PFAS has been linked to a variety of health problems, including cancer, liver damage, decreased fertility, and increased risk of asthma and thyroid disease.

Morton argued that Health-Ade's marketing practices were misleading, as the company promoted its kombucha products as healthy and natural without disclosing the presence of PFAS. She sought to represent consumers who purchased Health-Ade products containing PFAS.

Health-Ade's Prior Legal Troubles: Mislabeling and Inconsistent Product Claims

This is not the first time Health-Ade has faced legal action over its products. In 2019, the company agreed to pay $4 million to settle two previous lawsuits that alleged inconsistencies between the sugar and alcohol levels in its kombucha products and what was stated on the labels.

As part of the 2019 settlement, Health-Ade agreed to conduct regular testing of sugar and alcohol levels and to place a warning statement on the bottle about the importance of refrigeration and the potential presence of trace amounts of alcohol.

The company also agreed to make formulation changes to address the sugar and alcohol content issues.

As more and more companies face lawsuits over product safety and mislabeling, it is likely that we will see increased scrutiny of the food and beverage industry in the years to come. Consumers can play a role in driving change by demanding transparency and accountability from the companies they support.

Case Details

• Lawsuit: Morton et al. v. Health-Ade LLC
• Case Number: 7:24-cv-00173
• Court: U.S. District Court for the Southern District of New York.

Plaintiffs' Attorneys

• Joshua D. Arisohn, Philip L. Fraietta and Alec M. Leslie (Bursor & Fisher P.A.)

Have you ever been concerned about the presence of PFAS or other harmful chemicals in your food or drinks? Share your thoughts and concerns in the comments below.