Benzene exists in many beverages

On July 13, 2007 the Food and Drug Administration (FDA) released a “progress report” on its investigation into benzene found in common soda beverages. The report is far from forthcoming, and underlines the cover-up rather than the facts of the case. In many ways the report prompts more questions than answers it gives.

For example, in the first paragraph of the progress report the FDA states that it still has not identified what a “safe” level of benzene in soda is. “FDA has no standard for benzene in beverages other than bottled water, for which FDA has adopted the US Environmental Protection Agency (EPA) maximum contaminant level (MCL) of 5 ppb [parts-per-billion] for drinking water, as a quality standard.” Yet this is despite the fact, based on the information given in this report that the FDA has been aware of benzene in consumer beverages since 1990.

Also, the report mentions that five beverages in its latest survey (from April 21, 2006 to May 16, 2007) had levels above 5 ppb. It doesn’t mention what brands, or how much over each was over the limit. For that you have to find the table and search through the results for the offending products.

There you’ll find that two separate lots of Diet Safeway Select Orange had benzene levels at 13.8 and 12.1 ppb respectively. One lot of Fanta Pineapple had 11.2 ppb benzene, while the second lot had none. The most dangerous product tested seems to be BellyWashers Black Cherry Blast with levels at 40.1 and 88.9 ppb – that’s almost 18 times the EPA accepted levels of benzene in water. According to the FDA, this drink is no longer manufactured, but has been substituted with a fruit juice drink.

The FDA tries to reassure us under the heading “Limits of the Data” by saying that: “These data should not be understood to be a reflection of the distribution of benzene in beverages in the US food supply.” The survey, the progress report states, is on a limited number of brands produced in a limited number of lots in a limited geographic area. Further, the FDA admits that factors like temperature, amount of direct sunlight, and amount of time passing can affect benzene levels for each individual bottle.

“Because of the limited survey data to date, we cannot yet understand the sources of variation in measured benzene levels, such as variability between different product lots and the effects of storage and handling,” the report concludes. Which begs the question, if 17 years isn’t long enough to collect enough data to “understand the sources of variation” then how long will it take? And are the cases the FDA did find random high points or just the tip of the iceberg?

Regardless of what the FDA knows and does not know about benzene in soft drinks and other consumer products, it is ultimately the manufacturer that is responsible for ensuring its products are safe. Benzene has been proven to be a harmful, cancer-causing chemical. If you have experienced medical problems including cancer after exposure to benzene, contact Jim S. Adler & Associates for a free case review. We will help you understand your legal rights, and let you know if we can secure a fair settlement to cover your medical bills and compensate you for your pain and suffering.

Call Jim S. Adler & Associates right now to start your free case review, or fill out the form on this page with the details of your benzene exposure and illnesses, and we will contact you.