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Last Updated: Nov 12th, 2006 - 20:38:00 |
A press release by a Boston law firm reports that independent laboratory tests released today, show two named soft drink products contain benzene, a known carcinogen, at levels exceeding safe drinking water standards established by the United States Environmental Protection Agency of 5 parts per billion ("ppb"). http://www.epa.gov/safewater/dwh/c-voc/benzene.html The tests were released by McRoberts, Roberts & Rainer, L.L.P. in conjunction with class action lawsuits filed today in Boston and Tallahassee. The court complaints identify Polar Beverages of Worcester, Massachusetts and In Zone Brands of Austell, Georgia as the manufacturers of the products.
Referring to the specific named products (and not company lines), Attorney Andrew Rainer called on Polar Beverages and In Zone Brands, the manufacturer of BellyWashers, to withdraw the affected products from store shelves.
Independent lab testing conducted by the plaintiffs found that Polar Diet Orange Dry contained 9.1 parts per billion (ppb) of Benzene. BellyWashers 2/3 Less Sugar (http://www.bellywashers.com) in the Spiderman bottle had 69 ppb, more than 13 times the level allowed in public water supplies. While the EPA standard for tap water is 5 ppb, the EU standard is 1 ppb. The WHO standard is 10 ppb. The Bellywashers level exceeds all three standards. Products in the UK above 10 ppb were recently ordered recalled by the UK Food Standards Agency.
The firm's press release indicates that more product testing is underway.
"Toxic cocktails of benzene, artificial sweeteners, colorings, additives, and sugar threaten our children's health," said Boston University professor and attorney Dr. Tim Howard, of Howard & Associates, P.A. "Parents have a legal right to know if benzene is in their children's drinks," Howard said.
There is a tendency of benzene to form when two commonly found soft drink ingredients, ascorbic acid (vitamin C) and the preservative sodium benzoate are used in combination. Excessive levels of the colorless solvent benzene can be created when soft drinks containing these ingredients are exposed to heat or light.
Records show that in 1990, the United States Food and Drug Administration (FDA) and the industry's trade association knew of the risk of benzene in soft drink products, yet failed to issue any recall or inform the public of the potential danger. The FDA left it to the industry to modify its manufacturing processes to prevent the chemical reaction that produces benzene.
Timothy Newell, a pre-school teacher and the named plaintiff in the Boston class action suit filed in Massachusetts Superior Court.
A related class action suit was filed in Florida Circuit Court today. Lisbeth Gordon, the named plaintiff in that suit is a Tallahassee Emergency Room nurse and mother of four children ages seven through fifteen. "I see children suffer needlessly every day," she said. "We have a chance to prevent future suffering and I'm proud to be part of it."
The issue of the tendency of benzene to form in some drinks was first raised by industry whistleblower, Larry Alibrandi, who in 1997 launched a company focused on promoting drinks that did not have sodium benzoate to public schools. His company, however, was shut out of schools by the requirement under "pouring rights" scheme which required that the company sell soda in order to compete to sell healthful beverages.
For more information, see
History and Origin of Benzene in Soft Drinks
http://www.schoolpouringrights.com
Ross E. Getman
204 Edna Road
Syracuse, New York 13205
(315) 492-8306
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© 2004-2005 by foodconsumer.org unless otherwise specified
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