A number of Spice Islands and Tone’s herbs and spices contain heightened levels of toxic heavy metals, including lead, arsenic and cadmium, a class action complaint filed in the Northern District of California on Monday claims.
The lawsuit focuses on a November 2021 study by Consumer Reports that tested 126 herbs and spices from 38 national and private-label brands for arsenic, cadmium and lead. Spice Islands’ sweet basil and ground ginger and Tone’s ground thyme were found to contain high levels of heavy metals, regular consumption of which could cause serious health issues such as cancer and brain development disorders. Defendant B&G Foods owns both the Spice Islands and Tone’s brands.
“No reasonable consumer would know, or have reason to know, that the Products contain heightened levels of heavy metals,” the complaint states. “Worse, as companies across the industry have adopted methods to limit heavy metals in their herbs and spices, Defendant has stood idly by with a reckless disregard for its consumers’ health and well-being.”
Plaintiff Brian Blassingame claims he would not have purchased Spice Island’s sweet basil in spring 2020 if the product’s label disclosed the fact that it contained toxic heavy metals. He is seeking to recover damages for all those similarity situated, as well as preliminary and injunctive relief requiring B&G Foods to include warning labels on the products in question.
During manufacturing, processing equipment or packaging may contaminate food with heavy metals. It is possible to limit this contamination, and some herb and spice companies, such as Bolner’s Fiesta and Wadi Al Akhdar, test for heavy metals in their products. However, B&G Foods does not perform these tests, according to the complaint.
“Provided this industry standard, Defendant would have had the knowledge that it could test for heavy metals, but it did not, and that it could safely remove these metals from its herbs and spices, but, again, did not,” the complaint states.
Plaintiffs are claiming violation of section 17200 of the California Business & Professions Code, the California Consumer Legal Remedies Act, section 2314 of the California Commercial Code, the Song-Beverly Act of Section 1790 of California Civil Code, as well as unjust enrichment. They are represented by Bursor & Fisher PA.