Putative Class Alleges Walgreens Beverages Contain High Levels of Lead and Arsenic

A California resident is seeking to certify a nationwide class in a lawsuit alleging that Walgreens Co. 100% Grape Juice and 100% Apple Juice contain “dangerously high levels” of lead and arsenic. Boysen v. Walgreen Co., No. 11-6262 (N.D. Cal., filed December 13, 2011). According to the complaint, the levels of lead and arsenic in these beverages are higher than FDA limits on these chemicals in bottled water, and the company fails to disclose information about the contaminants on product labels or in advertising. The plaintiff alleges that California includes lead and arsenic on the list of those substances known to the state to cause cancer or reproductive harm, but does not otherwise include a Proposition 65 claim.

Alleging unfair business acts or practices and false or misleading advertising
under California law, breach of implied warranty, and unjust enrichment, the
plaintiff seeks restitution; actual, statutory and punitive damages; injunctive
relief; attorney’s fees; and costs. The plaintiff contends that he “suffered injury
in fact and lost money as a result of the unfair competition and material
omissions described in this Complaint” and that “Defendant has generated
substantial sales of the Contaminated Juices,” which neither the plaintiff nor
the class would have purchased if the company had made disclosures about
lead and arsenic in its juices.