Curious about the Simply Orange lawsuit? We explain what the lawsuit is about and share updates in this overview.
The Simply Orange Juice Company lawsuit was filed in December 2022 and involves allegations of false and deceptive advertising.
The lead plaintiff, Joseph Lurenz, filed a nationwide class action lawsuit alleging that one of the beverages produced by Simply Orange Juice Company contained chemicals that could pose a risk to health and were at odds with the company’s advertising. But there has been some confusion about the lawsuit, including which juice product is at issue.
So, what is the Simply Orange lawsuit about? And what is the latest Simply Orange lawsuit update?
We break down what you need to know in this article.
Simply Orange Juice Company is a wholly owned subsidiary of Coca-Cola Company. Simply Orange makes a variety of beverage products, including orange juice, tropical juice, and other fruit juices, plus a variety of other beverages, such as smoothies.
The corporate structure is relevant background to understanding who the plaintiffs are suing and why, plus to clear up confusion about what juice drink is at the core of the lawsuit.
So, what is the Simply Orange lawsuit about? The lead plaintiff, Joseph Lurenz, sued Coca-Cola Company and Simply Orange Juice Company for marketing its products as “all natural,” while the plaintiff alleges that testing showed the presence of PFAS, a group of potentially harmful chemicals, in its Simply Tropical Juice drink.
Lurenz filed the Simply Orange lawsuit in the Southern District of New York (SDNY) in December 2022.
The complaint alleges that the “Plaintiff sought independent third-party testing to determine” whether Simply Tropical contained PFAS and that that “testing detected material levels of multiple PFAS in the Product.”
PFAS are a large group of chemicals, sometimes referred to as “forever chemicals,” which have been linked to various health issues, including an increased risk of cancer, liver damage, fertility issues, fetal complications, and more.
The lawsuit alleges that third-party testing found “concerning levels of Perfluorooctanoic acid (“PFOA”) and Perfluorooctanesulfonic acid (“PFOS”).” PFOA and PFOS are two of the most well-understood types of PFAS and have been linked to various health issues.
Crucially, the complaint alleges, “Plaintiff’s testing has revealed [Simply Tropical] contains PFOA and PFOS in amounts more than 100 times the EPA’s recommended levels."
The lawsuit alleges that the presence of PFAS runs counter to much of Simply Orange’s marketing and advertising as it pertains to Simply Tropical Juice. Specifically, the lawsuit takes exception with language such as “all natural,” “pure filtered water,” and even the name “simply” to market Simply Tropical while not disclosing the presence of PFAS.
Lurenz seeks to represent a nationwide class of “all persons who purchased [Simply Tropical] within the United States for personal use and not for resale” as well as a New York subclass of people meeting that same criteria (i.e. that bought Simply Tropical juice).
The Simply Orange lawsuit alleges violations of:
The lawsuit also alleges Fraud, Breach of Express Warranty, and Unjust Enrichment.
The U.S. Environmental Protection Agency explains, “PFAS are manufactured chemicals that have been used in industry and consumer products since the 1940s.” And while our understanding of PFAS is still a work in progress, the EPA further notes that “[t]he more we learn about PFAS chemicals, the more we learn that certain PFAS can cause health risks even at very low levels.”
Exposure to PFAS can occur from a variety of sources, such as drinking water or from certain consumer products. But exposure to PFAS through food is also possible, and research has recently shown that contamination through food and food packaging could pose more of a risk than previously thought.
PFAS have been making headlines recently with a number of other lawsuits regarding the controversial chemicals. Some of the other recent lawsuits include:
So, what's the current status of the Simply Orange lawsuit?
The lawsuit is ongoing and in the early stages still. As with most consumer class action lawsuits, the parties file a variety of motions and navigate a slew of legal proceedings long before any trial or settlement might resolve the case.
The Simply Orange lawsuit is in those early stages of legal wrangling, but stay tuned for updates and news of an eventual resolution, whether it be for Lurenz and the class of consumers or the companies.
Given headlines about the lawsuit, some people have asked, “Was there a Simply Orange juice recall?”
Simply Orange has not recalled any of its products, including Simply Tropical, in response to the lawsuit. Simply Orange has instead maintained confidence in the quality of its products.
Simply Orange Juice company is facing a lawsuit, but the allegations relate to Simply Tropical. That lawsuit does not contain any allegations relating to Simply Orange Juice, the beverage, and instead is focused on the marketing practices of Simply Orange, the company, which the lawsuit alleges to be improper.
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