California Wine Lawsuit Consolidation to be Considered by MDL Panel

The U.S. Judicial Panel on Multidistrict Litigation is scheduled to hear oral arguments next month over whether to consolidate and centralize all federal California wine lawsuits filed on behalf of consumers nationwide, which allege that some wines contain high levels of arsenic. 

A growing number of class action lawsuits have been filed against companies like Arrow Creek, Beringer, Charles Shaw, Franzia, Sutter Home and others, alleging that consumers were exposed to wine with arsenic levels that exceed California limits by as much as 500%.

Following a motion filed last month by plaintiffs who seek to centralize the lawsuits over California wine arsenic levels as part of an MDL, or multidistrict litigation, the U.S. JPML cheduled oral arguements for May 28, in Minneapolis, Minnesota.

While only two class action complaints are being considered by the panel, one filed in Florida and another in Louisiana, it is expected that dozens or even hundreds of lawsuits may be filed over the coming months, given the widespread distribution of the wines at issue.

Arsenic is a known carcinogen that has been associated with multiple harmful side effects such as skin lesions, developmental effects, cardiovascular disease, and diabetes. The levels of arsenic in food has become an increasing concern, because it is a naturally occuring mineral from use of pesticides.

According to allegations raised in the complaints, wine sold by several different companies have been tested. In 2013, the Wine Institute estimated that 215 million cases of California wine were shipped within the United States alone, representing more than 2.5 billion bottles with an estimated retail value of $23.1 billion.

The claims have raised concerns about the safety of California wine, particularly the discount brands, with the list of accused wine makers being traded by wine tasters on the internet worldwide. However, wine industry insiders claim the fears are overblown, noting that the FDA allows some fruit juices to contain two to three times as much arsenic as is allowed in drinking water.