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Consumers filed class-action lawsuits Tuesday against two soft drink manufacturers claiming the companies sold products that may contain the known carcinogen benzene.
The lawsuits claim that soft drink products sold by Polar Beverages Inc. and In Zone Brands Inc. “have a tendency to contain benzene at levels exceeding” the federal safety standard for drinking water, which is set at five parts per billion.
Benzene, a cancer-causing substance, can be formed in soft drinks by a chemical reaction between two popular ingredients: ascorbic acid (vitamin C) and sodium benzoate, a preservative to extend shelf life.
According to experts, factors like heat and light can contribute to the reactions that form benzene in soft drinks.
“It’s impossible for parents to know which soft drinks are safe and which contain cancer-causing benzene,” said Timothy Newell, one of the plaintiffs in the case.
The lawsuits come shortly after the debate over the safety of soft drink products. The U.S. Food and Drug Administration and the soft drink industry have tested beverages and claim the products are safe. However, no results of the tests have been released.
Consumer and environmental advocates say that the FDA should publicize the test results and give consumers the opportunity to make their own choices about the products. The FDA has promised to release the data shortly.
The lawsuit wants the soft drink companies to stop selling products that may contain benzene, to turn down any profit they made from the sales, and to compensate the plaintiffs’ costs. Plaintiffs note that other soft drink makers have removed or added ingredients to their products to stop benzene from forming.
The two products involved in the suit are Polar Diet Orange Dry and In Zone’s “Bellywasher.” Lab tests revealed that “Bellywashers” drinks contained benzene levels 14 times higher that the legal limit and the Polar product was almost twice as high.
Both products are heavily marketed towards children and are shaped like action figures and cartoon characters such as Scooby Doo.
Polar Beverages president and CEO Ralph D. Crowley Jr. said that all products manufactured by the company are safe. “Polar is committed to ensuring the safety of our products through in-depth research and testing,” he said. Crowley went on to state that the company’s independent testing in February found no traces of benzene in any of its products.
Boston attorney Andrew Rainer who is involved in the lawsuit doesn’t think the benzene threat in soft drinks is worth the risk. “I have kids myself,” Rainer said. “I just don’t think they should be selling this stuff. Benzene is just not something that you want to drink.”