Judge Allows Claims to Proceed in POM Pomegranate Juice Lawsuit

Case Overview: A judge has allowed a class action lawsuit against POM Wonderful to proceed. The lawsuit claims the company misled consumers about its "All Natural" pomegranate juice, which allegedly contains PFAS.

Consumers Affected: Consumers who purchased POM Wonderful pomegranate juice.

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

A federal judge recently ruled that parts of a class action lawsuit against POM Wonderful LLC could proceed. The case accuses the company of misleading consumers by labeling its pomegranate juice as “All Natural” while allegedly containing synthetic PFAS chemicals. These substances, often called “forever chemicals” for their persistence in the environment and human body, have been linked to potential health concerns.

Plaintiffs Bertha Hernandez and Wayne Catalano claim they paid premium prices for POM juice based on its marketing but were unaware it contained PFAS. The lawsuit highlights questions about what buyers expect when purchasing products labeled as natural.

Consumers Raise Concerns Over Chemicals in Juice

Hernandez and Catalano allege that POM’s “All Natural” label misled them into believing the juice was free from harmful substances. Independent testing, cited in the lawsuit, reportedly found PFAS chemicals in the product. The plaintiffs argue that if they had known, they would have chosen other options or paid less.

PFAS chemicals are synthetic compounds linked to long-term environmental and health concerns. Even at low levels, these chemicals have raised alarms among regulators and researchers. The Environmental Protection Agency has pointed out that exposure to PFAS can have effects even at minimal concentrations.

The plaintiffs say POM failed to disclose the presence of PFAS, violating the trust consumers placed in its advertising. They argue that the company’s marketing emphasized a natural image without fully informing buyers about what the juice contained.

Judge Allows Lawsuit Against POM to Proceed

U.S. District Judge Edgardo Ramos recently allowed negligence and New York business law claims in the lawsuit to continue, though other parts of the case were dismissed. The judge ruled that questions about PFAS levels in the juice and their significance to consumers warranted further review.

The Wonderful Company, POM’s parent company, was removed as a defendant due to insufficient evidence linking it to POM’s labeling decisions. However, the allegations against POM Wonderful LLC remain active.

POM has argued that trace levels of contaminants do not make a product’s labeling misleading. The company referenced prior cases where courts found similar claims about trace chemicals to be insufficient for false advertising lawsuits. The judge, however, noted the increasing awareness of PFAS risks, suggesting that consumers might reasonably expect products labeled as “All Natural” to avoid such substances.

Similar Lawsuits Target Other Brands

This case is not the first involving allegations of PFAS contamination in consumer products. Several lawsuits have recently emerged, raising questions about safety and advertising practices.

In November, a class action was filed against Hershey’s, alleging that its Bubble Yum gum contained PFAS and misled consumers about potential health risks. Earlier in the year, Health-Ade Kombucha faced legal action for allegedly including unsafe levels of PFAS in its drinks. That case ended in a settlement, though the terms remain undisclosed.

Even non-food products have come under scrutiny. In July, Band-Aid manufacturer Kenvue, along with Johnson & Johnson, was sued over allegations that its bandages contained PFAS linked to cancer and other health concerns.

In the POM pomegranate juice PFAs class action lawsuit, the plaintiffs aim to hold POM accountable for what they see as deceptive practices. They are seeking damages, refunds for affected buyers, and changes to how the company markets its products.

Case Details

• Lawsuit: Hernandez v. The Wonderful Company LLC et al.
• Case Number: 1:23-cv-01242
• Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

• Jason P. Sultzer and Philip J. Furia (Sultzer & Lipari PLLC)
• Nick Suciu, Gary Klinger, Erin Ruben, J. Hunter Bryson, and Russell Busch (Milberg Coleman Bryson Phillips Grossman PLLC)

Do you drink POM Wonderful pomegranate juice? Share your thoughts on this lawsuit in the comments below.