Badia Spices May Contain Arsenic, Cadmium, and Lead Class Action

Badia Spices, Inc. is a major maker of food products, including spices and seasonings, in the US. Unfortunately, the complaint for this class action alleges that Badia spices have been found to contain heavy metals, including arsenic, cadmium, and lead, at levels above those that are considered safe for children or adults. The labeling for the spices is thus deceptive and misleading, the complaint alleges.

The National Class for this action is all persons in the US who bought and consumed the spices at issue in this complaint, from the beginning of the applicable limitations period through the date that the class is certified in this case. An Ohio Subclass has also been proposed, for those in the above class in Ohio. The products at issue include the following Badia-branded spices:

• Basil
• Black pepper
• Chili powder
• Coriander
• Cumin
• Curry powder
• Garlic powder
• Ginger
• Oregano
• Paprika
• Saffron
• Sesame seed
• Thyme
• Turmeric
• White pepper

According to the complaint, Badia claims to care for its customers, saying on its website, “Our goal is to help raise the new generation of American citizens who believe in dignity, human kindness and justice for all.”

The complaint alleges that Badia does not include heavy metals as an ingredient in its spices and also does not warn consumers that heavy metals might be found in the spices.

“The products contain heavy metals,” the complaint claims, “including arsenic, cadmium, and lead, at levels above what is considered safe for children and adults…” If this had been disclosed to consumers, the complaint claims, it would have led consumers not to buy or consume these spices.

How do we know what is in the spices? According to the complaint, an investigation by Consumer Reports showed that the spices contain “potentially dangerous heavy metals.”

The report, as quoted in the complaint, says, “Roughly one-third of the tested products, 40 in total, had high enough levels of arsenic, lead, and cadmium combined, on average, to pose a health concern for children when regularly consumer in typical serving sizes. Most raised concern for adults, too.”

Heavy metals, the complaint alleges, can cause “permanent decreases in IQ, diminished future economic productivity, and increased risk of future criminal and antisocial behavior in children.” They can damage infants’ neurological development and brain function.

Lead and arsenic can cause problems in pregnancies, “such as abortions, retarded growth at the intrauterine cavity, skeletal deformities, malformations and retarded development especially of the nervous system[,]” according to the complaint. Children are particularly likely to be affected by ingestion of lead, which can bioaccumulate in the human body.

The Environmental Protection Agency (EPA) has set the level for lead in drinking water at zero, and the Agency for Toxic Substances and Disease Registry, the complaint says, “states that there may be no threshold for lead with regards to developmental impact on children.”

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Deceptive Labels, Fraud, Heavy Metals