PRIME hydration drink bottles on sale at Walgreens in Baltimore. (Photo: Diego M. Radzinschi/ALM) A Sliver of Forever Chemical Allegations Allowed to Proceed Against Prime Hydration Beverage, Judge Rules
"Castillo alleges that the dangerous chemicals present in the Grape Sports Drink compromised its safety and fitness for consumption The FAC states that PFAS found in Defendant's product are 'poisonous or deleterious' and 'indisputably linked to negative health consequences.' Further, the PFOA and PFOS found in the product exceed the EPA's recommended limit for drinking water. These allegations are sufficient at this stage," wrote U.S. District Judge Araceli Martínez-Olguín.
September 10, 2024 at 04:42 PM
4 minute read
The original version of this story was published on The Recorder
A federal judge in California is allowing a consumer's claim that Prime Hydration's grape-flavored sports drink is "poisonous" to move forward, finding independent testing showing unsafe levels of cancer-causing toxins in the various bottles was enough to proceed.
In a Sept. 9 opinion, U.S. District Judge Araceli Martínez-Olguín for the Northern District of California concluded the plaintiff, Elizabeth Castillo, had standing and could proceed on one claim of breach of implied warranty of merchantability. However, the judge said Castillo failed to plead factual allegations that Prime had knowledge about the presence of per- and polyfluoralkyl substances, also known as forever chemicals, among several other claims, and granted many of Prime's dismissal requests.
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