Amended Complaint Says Gerber Failed to Warn About Lead in Apple Juice

According to a press report, an amended putative class complaint has been
filed in a Florida federal court against two companies that make and sell apple
juice for children’s consumption, alleging that by failing to warn about the
presence of lead in the juice the companies have violated state deceptive and
unfair trade practices law. Poulis v. Gerber Prods. Co., No. 10-81475 (S.D. Fla., amended complaint filed January 11, 2011).

The complaint was originally filed in state court soon after a California
nonprofit organization notified the companies in June 2010 that their products
contained lead in excess of levels established as safe under that state’s
Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65). It
was removed to federal court in November. The plaintiffs have not apparently
alleged personal injury from the exposure, but claim they would not
have purchased the companies’ products if they had known about the lead
content. They are seeking damages and a corrective advertising campaign.
See Product Liability Law 360, January 11, 2011.