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Case Notes

By ALM Staff | Law Journal Newsletters |

MA Court Holds Plaintiffs in Class Actions Arising Out of Lead in Fruit Products Lacked Standing

In In re Fruit Juice Products Marketing and Sales Practices Litigation, C.A. No. 11-MD-02231-MAP (D. Mass. Dec. 21, 2011), the Environmental Law Foundation (ELF), a non-profit organization, sent notices to numerous manufacturers of juice and packaged fruit products, including the defendants, alleging their products contained amounts of lead greater than the permissible daily intake level set by the California Safe Drinking Water and Toxic Enforcement Act of 1986. The notice prompted the FDA to check the lead levels of some of the products and conclude that “[a]lmost all of the products ' contained a small amount of lead, but in each case the level found would not pose an unacceptable health risk.” Notwithstanding the FDA's conclusion, various individual plaintiffs brought suits in multiple federal district courts against various defendants.

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