Burg Simpson Amends Tainted Wine Complaint

Burg Simpson Amends Tainted Wine Complaint

By Burg Simpson
October 8, 2015
2 min read

Burg Simpson Eldredge Hersh & Jardine, PC filed an important consumer class action in Los Angeles, California on March 19, 2015 alleging that 83 different types of wine produced in California contain levels of inorganic arsenic that significantly exceed the level found to be acceptable by California, in some instances over five times the safe threshold. CBS News covered the story.  On September 16, 2015 Burg Simpson filed the first amended complaint to include a cause of action under Prop 65, California’s labeling law.

Certain popular, low priced, brands of wine contain dangerously high levels of inorganic arsenic, according to the lawsuit filed March 19, 2015 in California Superior Court.

The lawsuit alleges that dozens of wineries are violating California state law by knowingly producing, marketing and selling wines that contain dangerous levels of inorganic arsenic, and are failing to warn consumers about the potential danger.

The class action complaint states that the 28 California defendant wineries “produce and market wines that contain dangerously high levels of inorganic arsenic, in some cases up to 500% or more than what is considered the maximum acceptable safe daily intake limit.” Medical experts say the risks of arsenic exposure from the tainted wine include cancer, diabetes and cardiovascular ailments.

Some of the popular wine brands named in the lawsuit include Franzia, Ménage à Trois, Sutter Home, Wine Cube, Charles Shaw, Glen Ellen, Cupcake, Beringer and Vendage. The wines named in the lawsuit are primarily inexpensive white or blush varietals including Moscato, Pinot Grigio and Sauvignon Blanc.

“This is an important case to protect consumer health and safety rights, which Burg Simpson is proud to be leading,” said Burg Simpson founding shareholder, Michael Burg. Burg Simpson is leading the lawsuit, which was filed today, with two other law firms.

The arsenic testing referenced in the lawsuit was conducted by BeverageGrades, an independent Denver, Colorado lab. Their results were confirmed by two additional labs. BeverageGrades tested 1,306 different types of wine and found 83 showed dangerously elevated levels, according to the suit.

The class action lawsuit was filed on behalf of California consumers who purchased the wines in the last four years.

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