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Spice Islands, Tone’s Herbs and Spices Contain Heavy Metals Class Action

The complaint for this class action alleges that certain spices from B&G Foods, Inc. have been found to contain heavy metals. B&G makes the Spice Islands and Tone’s brands of herbs and spices, and the complaint alleges that certain of the products contain concerning levels of lead, arsenic, and cadmium.

The class for this action is all persons in the US who bought the products, for personal use and not for resale. The products at issue include Spice Islands Sweet Basil, Spice Islands Ground Ginger, Tone’s Ground Thyme.

How do we know that the products have higher levels of heavy metals? Consumer Reports tested 126 products from various brands of herbs and spices and put out a report in November 2021, entitled “Your Herbs and Spices Might Contain Arsenic, Cadmium, and Lead.”

The complaint quotes the report as saying, “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 consumed in typical serving sizes. Most raised concern for adults, too.”

Consumer Reports speculated that the heavy metals found their way into the herbs and spices during processing, perhaps through the equipment used or from the packaging. Because two-thirds of the products did not contain concerning levels of heavy metals, the organization claims that it is possible for companies to limit the amount of heavy metals in their products.

The complaint alleges that B&G does not test its products for heavy metals, even though some other companies do so for theirs.

The complaint alleges, “Heightened levels of toxic heavy metals in food can cause cancer and serious and often irreversible damage to brain development as well as other serious health problems.”

Exposure to heavy metals, the complaint says, “puts children at risk for lowered IQ, behavioral problems (such as attention deficit hyperactivity disorder), type 2 diabetes, and cancer…” It can causes problems in adults to, the complaint claims: “Even modest amounts of heavy metals can increase risk of cancer, cognitive and reproductive problems, and other adverse conditions.”

According to the complaint, since people are exposed to heavy metals from a variety of sources, it’s important to limit the amount in any one source. In recent years, concerning levels of heavy metals have been found in other food products, the complaint claims, including fruit juice, baby food, and rice. Other lawsuits have been filed on this subject, in particular on the presence of heavy metals in baby food.

The counts include unjust enrichment, violations of state consumer protection laws, and breach of implied warranty of merchantability and fitness for a particular purpose.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Spice Islands, Tone’s Herbs and Spices Contain Heavy Metals Complaint

March 11, 2022

The complaint for this class action alleges that certain spices from B&G Foods, Inc. have been found to contain heavy metals. B&G makes the Spice Islands and Tone’s brands of herbs and spices, and the complaint alleges that certain of the products contain concerning levels of lead, arsenic, and cadmium.

Spice Islands, Tone’s Herbs and Spices Contain Heavy Metals Complaint

Case Event History

Spice Islands, Tone’s Herbs and Spices Contain Heavy Metals Complaint

March 11, 2022

The complaint for this class action alleges that certain spices from B&G Foods, Inc. have been found to contain heavy metals. B&G makes the Spice Islands and Tone’s brands of herbs and spices, and the complaint alleges that certain of the products contain concerning levels of lead, arsenic, and cadmium.

Spice Islands, Tone’s Herbs and Spices Contain Heavy Metals Complaint
Tags: Breach of Implied Warranty, Deceptive Advertising, Unjust Enrichment