BioSteel Blue Raspberry Flavored Sports Drink Contains PFAS Class Action

BioSteel Sports Nutrition, Inc. makes a Blue Raspberry flavored sports drink which the homepage for the product calls the “healthiest and most trusted sports hydration product[] on the planet.” The complaint for this class action alleges that BioSteel makes this and other representations about the product indicating that it is healthy when in actuality it contains per- and polyfluoralkyl substances (PFAS), a kind of synthetic chemicals that are detrimental to human beings and their environment.

The National Class for this action is all persons who bought the product in the US, for personal use and not for resale, during the fullest period allowed by law. A New York Subclass has also been defined for those who bought the product in the state of New York.

PFAS do not occur naturally. The Centers for Disease Control and Prevention (CDC) associates them with “a host of health effects … including cancer, liver damage, decreased fertility, and increased risk of asthma and thyroid disease.” Other potential negative effects named by the complaint include decreased fertility, developmental delays, and reduced immune system performance. “Because PFAS persist and accumulate over time, the complaint alleges, they are harmful even at very low levels.”

However, the complaint alleges that BioSteel claims the products are made from “clean, quality ingredients,” “designed with sustainability in mind,” and “good for [consumers] and the environment.”

The complaint shows many views of the drink’s packaging, including on pages 3, 4, and 5, among others. The front of the packaging shows images of two people playing sports along with the claims “Zero Sugar” and “Eco Friendly.” The side of the packaging promises that the drink contains “Essential Electrolytes,” “No Artificial Flavors/Colors,” and “No Preservatives” and is “Good for You and the Environment.”

On the back is the claim that the drink has become “highly regarded for its premium ingredients and zero sugar formula” and that the company aims “to create the healthiest and most trusted sports nutrition products on the planet.” A frequently-appearing line in its marketing efforts is, “Clean. Health. Hydration.” Nowhere in its materials or labeling does the company mention PFAS.

The complaint alleges, “Diet is considered a major route of PFAS exposure for humans, and reasonable consumers purchasing [a] Product represented as not containing ‘artificial flavors’ would not expect them to contain harmful man-made chemicals, such as PFAS.” There is no known way to remove PFAS from the body.

According to the complaint, independent third-party testing found “material levels of PFAS in the Product[.]” PFOA is a kind of PFAS, and the complaint alleges that PFOA was found in the product at a level exceeding the amount permitted in water by the Environmental Protection Agency (EPA).

The complaint alleges that BioSteel knew or should have known that its sports drink contained PFAS, but that it has still sought to distinguish its sports drinks from others by presenting them as healthy and clean.

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