Second Putative Class Action Alleging Unsafe Arsenic Levels in California Wine Filed in Louisiana

A consumer has filed a putative class action in Louisiana federal court
against several California wineries alleging that their products contain
“dangerously high” levels of arsenic, echoing a similar lawsuit filed in
California in March 2015. Crespo-Bithorn v. The Wine Grp. Inc., No.
15-1424 (M.D. La., filed April 20, 2015).

The complaint alleges that the wineries “sell and distribute wine to
consumers at inorganic arsenic levels significantly higher than what the
State of California considers the maximum acceptable limit for safe daily
exposure” and asserts that the advertising and marketing of each wine
was deceptive because it failed to warn of the arsenic levels. The plaintiff
seeks national and state class certification and damages for the Louisiana
cause of action of redhibition as well as alleged violations of Louisiana
consumer protection statutes and the Magnuson-Moss Warranty Act.
Details about the March lawsuit appear in Issue 559 of this Update.

Issue 562