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Soft Drink Makers Sued Over Benzene

By Mark Huffman
ConsumerAffairs.com

April 12, 2006

• Senate Studies Soda Tax • Pepsi Takes Coke To Court Over Energy Drink Claims • Fructose Sets Table For Obesity, Study Suggests • Consumers Avoid Extremes in Soft Drink Sizes • Artificial Sweeteners Linked to Weight Gain • Caffeine Content Labels Suggested for Soft Drinks • Soft Drink Sweetener Linked to Diabetes in Kids • Diet Soft Drinks Linked To Metabolic Syndrome • FTC Urged to Crack Down on Enviga • Strong Evidence Links Soft Drinks, Obesity • Coke, Nestle Sued Over Enviga Claims • Study Links Soft Drinks With Obesity • Pepsi Agrees to Get the Lead Out of Mexican Soda Bottles Used in the U.S. • Soft Drink Makers Sued Over Benzene • Groups Want Sodas With Benzene Out Of Schools • Consumer Group Wants Health Warnings on Soft Drinks • Beverage Industry Pulls Soda From Elementary Schools --- • Weight Loss News

Consumers have filed class action lawsuits in Florida and Massachusetts, claiming two soft drink makers produce products that, under the right conditions, can contain benzene, a carcinogen. The suits were filed against Polar Beverages and Zone Brands.

The plaintiffs concede the drinks do not contain benzene unless they are subjected to heat and light. Under those conditions, vitamin C interacts with other preservatives to create benzene.

The industry and the Food and Drug Administration have tested the products in question, but have not released the result. The FDA, a public agency supported by taxpayer funds, said it plans to release the test results to the public eventually.

The lawsuits ask that the companies be stopped from selling beverages that have a tendency to form benzene. It also asks for unspecified damages, in the amount of profits the companies have realized in selling the products.

The American Beverage Association says removing vitamin C from the beverages would prevent them from forming benzene.

The benzene is formed by a reaction of ascorbic acid (vitamin C) and sodium or potassium benzoate (which are used as preservatives) -- especially in the presence of light or heat.

Soft drinks that contain ascorbic acid and sodium or potassium benzoate include Diet Pepsi Wild Cherry, Fanta Orange, Hawaiian Punch, Mug Root Beer, Pepsi Vanilla, Sierra Mist, Sunkist and Tropicana Lemonade, among others.

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