Ahold Delhaize USA, Food Lion, face lawsuit over additive found in orange soda

Shopper claims there is not a warning about prolonged consumption of brominated vegetable oil

October 30, 2024

A class-action lawsuit has been filed against Ahold Delhaize USA and its Food Lion banner because the grocer allegedly failed to notify shoppers that consuming brominated vegetable oil over a long period could result in health issues.

Shavonne Daniels filed the suit in the U.S. District Court for the Middle District of North Carolina last week and claims she will now have to have her health monitored after she drank Food Lion’s Omazing Orange Soda, which contains brominated vegetable oil. Daniels is seeking compensatory, statutory, and punitive damages.

The additive is used in food and drinks to keep citrus flavoring from separating and floating in the product.

The class action notes the Food and Drug Administration revoked the food-additive regulation that authorized the use of brominated vegetable oil in food items after studies conducted in collaboration with the National Institutes of Health found potential adverse health effects. Both PepsiCo and Coca-Cola removed the additive from all products back in 2014, and California, Missouri, Washington, New York, and Illinois have banned the use of brominated vegetable oil, the suit noted.

Data suggests high levels of exposure to brominated vegetable oil has toxic effects on the thyroid gland and can cause hypothyroidism leading to weight gain and depression, according to the lawsuit.

Even though Food Lion lets consumers know its Omazing Orange Soda contains brominated vegetable oil, it does not warn about the additive’s side effects after prolonged consumption, according to the lawsuit.

The class action alleges Ahold Delhaize USA and Food Lion failed to disclose vital information at the time of purchase despite being aware of the risks associated with the additive. The claims include unjust enrichment, negligence, failure to provide adequate warnings, fraudulent concealment, breach of both implied and express warranties, and strict product liability.

A spokesperson for Ahold Delhaize USA said the company does not comment on pending litigation.

Bill Wilson

Senior editor at Supermarket News

Bill Wilson is the senior editor at Supermarket News, covering all things grocery and retail. He has been a journalist in the B2B industry for 25 years. He has received two Robert F. Boger awards for his work as a journalist in the infrastructure industry and has over 25 editorial awards total in his career. He graduated cum laude from Southern Illinois University at Carbondale with a major in broadcast communications.