Florida Injury Lawyer Blawg
Apple juice sold under numerous brands at stores all over the country, including Walmart, Aldi, BJ’s and others, is under FDA recalls over concerns of potentially harmful levels of arsenic, according to the U.S. Food and Drug Administration.
The recall comes after an FDA report that included almost 10,000 cases of Great Value 100% Apple Juice that “contains inorganic arsenic above action level set in guidance to industry.”
A total of 133,500 cases of juice were recalled on Monday that had been sold under various brand names. In June 2023, the FDA made changes to its Final Guidance to Industry on Action Level for Inorganic Arsenic in Apple Juice. The current action level is 10 parts per billion (ppb).
The recalled products were sold in six-packs of 8-ounce bottles with a UPC of 0-78742-29655-5. The products originated from the Tampa-based company, Refresco Beverages. In addition to Walmart, Aldi’s and BJ’s, other stores that may have sold the affected products include Walgreens and Dollar General.
Click Here for a Full List of Affected Products.
Leesfield & Partners
Within the practice area of product liability, Leesfield & Partners has numerous landmark and record-breaking verdicts leading the firm to garner national recognition in over four decades of representing injured clients.
In a $19.8 million lawsuit, Leesfield & Partners attorneys proved at trial that a defect with a motorcycle kickstand was to blame for a tragic crash that caused severe and permanent injuries to a 27-year-old. The young man was driving a Honda motorcycle when it spun out of control and crashed. As a result of the crash, he sustained severe injuries to his spinal cord that left him a high-level quadriplegic.
Attorneys with the firm also secured a $2.5 million settlement amount for the family of a man who died after his ventilator malfunctioned from a power outage in the middle of the night. The backup battery for the ventilator lasted less than 10 minutes after the outage and alarms, meant to alert caregivers of an issue, failed to go off. Even though there were numerous other complaints to the manufacturer regarding this device that spanned a decade, neither the manufacturer nor the respiratory company took the necessary steps to address the issue or alert patients’ families.
Other cases previously handled by the firm include drop-fire gun cases, defective seatbelts and child restraints, children’s toys, and tip-over furniture responsible for the death of a Central Florida toddler. In that case, attorneys with the firm proved that the manufacturer did not adequately warn consumers about securing the item to the wall which resulted in the tragic death of the 2-year-old child. A $17.5 million settlement was secured by Leesfield & Partners attorneys for the family in that case.
Leesfield & Partners attorneys proved that a company’s instructions were to blame for the death of an 8-month-old baby whose family was represented by the firm. In that case, the child’s parents were given a child restraint as a gift. The box came with instructions for the child’s safety seat and showed the restraint being used in the front seat of a car. The child’s mother put the seat up front, as was shown in the instructions in a rear-facing position. The child was killed by the airbag. A confidential settlement was secured by Leesfield & Partners on behalf of the baby’s family.
Companies have a responsibility to ensure the safety of the products they are producing. This responsibility includes the various stages before a product is ever on a shelf including instructions for use, marketing materials and the manufacturing of a product. When a product comes with poor, inadequate instructions, the company can be held liable for the risks and dangers posed to consumers as a result and subject to liability claims for damages, injuries and or deaths.
The firm’s 48-year reputation of representing clients involved in accidents with baby products has led to cases resulting in industry-wide change for high chairs after a case involving the suffocation death of a child in a high chair.
The regulations added as a result of the Leesfield & Partners case include additional rules for straps and harnesses, tray size and mechanisms as well as clear and specific instructions and warnings. More recently, the firm secured a $1,100,000 settlement for the family of a child who suffocated due to a defect in a children’s product.
Another area of product liability that Leesfield & Partners attorneys have expertise in is that of cases against gun manufacturers. The law firm has secured over $6 million for clients with severe and permanent injuries or who have been killed due to a firearm malfunction in recent years.
In April 2023, Leesfield & Partners saw an increase in drop-fire cases as a result of defective pistols. Drop-fire refers to \what happens when a firearm falls forcefully to the ground, causing the internal mechanisms to shift and the weapon to go off without anyone pulling the trigger.
Adverse Health Effects
Some risks associated with long-term consumption of arsenic from food or contaminated water sources include skin lesions and or cancer. These are the most common effects of chronic exposure to the chemical.
Arsenic exposure has also been linked to diabetes, cardiovascular disease and cognitive developmental delays in children who were exposed to the chemical while in utero. Those exposed in utero, World Health Organization data shows.
Immediate symptoms of arsenic exposure can include nausea, abdominal pain, numbness in the hands and feet, muscle cramps and diarrhea.
Arsenic in Everyday Foods
Some fruits and vegetables have higher levels of arsenic than others. Some fruits and vegetables have arsenic because of past pesticide use that is absorbed from the soil.
Though most arsenic pesticides have been officially discontinued in the United States as of at least 2013, however, they can still be present in the environment due to natural causes and leftover supplies may still be in use at many homes and farms throughout the country, according to the Environmental Protection Agency and the American Cancer Society.
Some people can be exposed to arsenic via private well water. The naturally occurring chemical cannot be seen, tasted or smelled. Testing your well water is important to ensure that it has not been contaminated. Those with private wells should be concerned if there has been construction recently in their neighborhoods if they live in areas where there are higher concentrations of the chemical such as the West, Midwest, parts of Texas, and the Northeast. Your well could also have been exposed if your property has been exposed to run-off from agricultural lands or local industrial sites.
For those on public water systems, you can request a “consumer confidence report” from your water provider or a “water quality report” to check the water for arsenic and or other contaminants.
