Beverage industry case- US

In Feb 2008, Law firm McRoberts, Roberts & Rainer LLP had filed a class action lawsuit on behalf of a consumer against In Zone Brands, who make Bellywashers drinks, and also the Talking Rain Beverage Company. The suit claimed independent laboratory tests exposed that both companies had drinks infected with benzene, a known carcinogen, above the five parts per billion legal limits for benzene in tap water across the United States. Benzene lawsuits have now been filed in Kansas, Washington DC, Florida and Boston. This puts soft drinks firms under great pressure to eradicate or control benzene formation in their beverages. The alleged source is two widespread ingredients – sodium benzoate and ascorbic acid (vitamin C) in the drinks, these two ingredients could react to form benzene in drinks, as well as that revealing such a drink to heat could considerably hoist benzene levels.

After having the case strongly followed-up in the courts the agency re-opened its investigation into benzene in soft drinks, after it saw results from lab tests commissioned by lawyer Ross Getman and Larry Alibrandi, a concerned food scientist, who worked on soft drinks industry testing for benzene in soft drinks back in late 2007. To date the court records show that the case is still in proceeding stage and the next hearing is based on the report which is to be filed from the investigation committee.