Children'’s drink company settles benzene lawsuit

Two soft drink manufacturers, including one company that makes drinks for children, settled a lawsuit out of court that claimed they did not do enough to ensure benzene did not form in their drinks. Polar Beverages Inc. and In Zone Brands Inc. – maker of Bellywashers juice drinks – both refused to admit that their drinks were dangerous, but agreed to change the formula anyway.

It has long been known by the Food and Drug Administration (FDA) and at least some beverage makers that the combination of sodium benzoate and ascorbic acid (Vitamin C) can trigger benzene to “naturally” occur during a chemical reaction. In fact, some evidence suggests that the FDA knew as long ago as 1990 that benzene could form in soft drinks but kept the fact secret from the general public. Soft drink companies were supposed to reformulate their drink recipes to avoid this chemical reaction. But the FDA confirmed that it kept finding similar incidents in testing from 1995 to 2001. The FDA refuses to disclose the brand names, and states that there are no safety concerns.

That raises a concern in itself. The FDA is charged with ensuring that the food and drinks we consume are free of hazards like the cancer-causing benzene. Another governmental arm, the Environmental Protection Agency (EPA), has established that everyday drinking water cannot contain benzene exceeding 5 parts-per-billion (ppb). Yet for some reason drink manufacturers and the FDA still say that soft drinks with higher levels than this are safe to drink.

Whether or not this is true is certainly a matter for debate. But withholding this information from consumers means that they cannot understand the risk factors themselves – and decide whether or not it is a risk they want to take.

Simply reading the label will not tell the story, say some scientists, because not all products containing sodium benzoate and Vitamin C will create benzene. But for Timothy Newell, one of the plaintiffs in the settled case, that’s the point. “It's impossible for parents to know which soft drinks are safe and which contain cancer-causing benzene."

According to Six-Wise.com, a consumer advocacy group, the FDA tested 24 samples of diet soda for benzene and found that 79% contained benzene levels above 5ppb. Further, the average was 19ppb – four times that acceptable for drinking water – and the maximum was 55ppb. As of December 2006 the names of the tested drinks and their corresponding benzene levels have not been made public.

If you feel that you may have been exposed to benzene in your food or drink, contact a Jim S. Adler & Associates personal injury attorney to find out your legal options. Regardless of government regulations or policy, you have a right to expect safe products – especially those that you consume. Jim S. Adler & Associates will give you a full and free legal review of your case, and give you options for your next move. Simply call us directly or fill in the form on this page to start your free benzene case review.

Benzene Exposure Lawyer | Benzene facts | The Not-So-Straight Facts on Benzene in Beverages