LOS ANGELES (Legal Newsline) – Many popular, low-priced brands of wine contain illegal and “dangerously high” levels of poisonous inorganic arsenic, according to a proposed class action lawsuit filed in a California state court.
Among the 28 defendants named in the action, some include popular wine brands Franzia, Ménage à Trois, Sutter Home, Wine Cube, Charles Shaw, Glen Ellen, Cupcake, Beringer and Vendage.
Los Angeles County Superior Court
The wines are primarily inexpensive white or blush varieties, including Moscato, Pinot Grigio and Sauvignon Blanc.
The proposed class action was filed in Los Angeles County Superior Court last week on behalf of California consumers who purchased the wines in the last four years.
“California wines are among the most popular and widely consumed wines in the world,” the 30-page complaint states. “The majority of responsible California wineries, through choice of the proper grapes/juice, proper filtering process and the use of proper equipment, limit the amount of inorganic arsenic present in their wines to ‘trace’ levels considered acceptable (if not completely safe) for human consumption.
“However, three separate testing laboratories skilled in arsenic testing have now independently confirmed that several California wineries (including those named as Defendants in this action) instead produce and market wines that contain dangerously high levels of inorganic arsenic, in some cases up to 500 percent or more than what is considered the maximum acceptable safe daily intake limit.
“Put differently, just a glass or two of these arsenic-contaminated wines a day over time could result in dangerous arsenic toxicity to the consumer.”
The class action claims the wineries are violating California law by knowingly producing, marketing and selling the arsenic-contaminated wine and failing to warn consumers about the potential danger.
“This is an important case to protect consumer health and safety rights, which Burg Simpson is proud to be leading,” said Michael Burg, founding shareholder of Colorado-based Burg Simpson Eldredge Hersh & Jardine PC, which is leading the lawsuit along with two other law firms.
According to the firm, the arsenic testing referenced in the lawsuit was conducted by BeverageGrades, an independent lab based in Denver.
The lab tested 1,306 different types of wine and found 83 showed dangerously elevated levels. Its results were confirmed by two additional labs, according to the firm.
Medical experts say the risks of arsenic exposure include cancer, diabetes and cardiovascular problems.
Los Angeles firm Kabateck Brown Kellner LLP and Florida-based firm Levin Papantonio Thomas Mitchell Rafferty & Proctor PA also are representing the plaintiffs.
From Legal Newsline: Reach Jessica Karmasek by email at [email protected].
