Corporate Misconduct Accountability Project
Walmart, Inc. · Class Action Lawsuit
Walmart Sold Apple Juice with Dangerous Arsenic Levels to Families
A class action lawsuit alleges Walmart sold Great Value apple juice containing inorganic arsenic at 13.2 parts per billion, exceeding FDA limits, after failing to warn consumers about the contamination that could cause cancer and neurological harm in children.
CRITICAL SEVERITY
TL;DR
Walmart recalled 9,535 cases of Great Value brand apple juice in August 2024 after the product tested at 13.2 parts per billion of inorganic arsenic, exceeding the FDA’s 10 ppb safety limit. The lawsuit alleges Walmart knew or should have known about the contamination but failed to warn consumers, exposing families and children to a proven carcinogen linked to neurological damage, cancer, and cardiovascular disease. Plaintiff Gary McLean filed this class action on behalf of all consumers who purchased the contaminated products, seeking damages for breach of warranty, negligence, fraud, and unjust enrichment.
When corporations prioritize profit over safety, families pay the price with their health.
9,535
Cases of contaminated apple juice recalled
13.2 ppb
Inorganic arsenic level found in product
10 ppb
FDA safety limit for inorganic arsenic
26
States and territories where product was sold
The Allegations: A Breakdown
Core Allegations
What Walmart did to consumers · 8 points
| 01 | Walmart sold Great Value apple juice containing inorganic arsenic at 13.2 parts per billion, exceeding the FDA action level of 10 ppb by 32 percent. The company distributed the contaminated product across 26 states and territories between March 27, 2024 and August 27, 2024. | high |
| 02 | Walmart failed to disclose the arsenic contamination to consumers through product labels, instructions, ingredients lists, packaging, advertising, or any other manner before the recall. The company marketed the product as safe for consumption by children and adults without warning about the toxic heavy metal content. | high |
| 03 | Walmart represented that the Products were safe and effective for people through its marketing and sales practices. The company sold the juice under its family-friendly Great Value brand, targeting budget-conscious families who rely on affordable grocery options. | high |
| 04 | Walmart only initiated the recall on August 15, 2024 after the FDA gave it a more urgent classification indicating the product may temporarily cause adverse health consequences. The delay meant thousands of families unknowingly consumed the contaminated juice for months. | high |
| 05 | Walmart breached its duty to produce a product safe for intended consumption. The company manufactured, designed, marketed and sold the Products in a defective and unreasonably dangerous condition where foreseeable risks exceeded any benefits. | high |
| 06 | Walmart had exclusive and superior knowledge about the composition of the Products yet concealed the presence of inorganic arsenic from consumers. The company was best positioned to know the prolonged effects of the contaminant but failed to disclose the consequences of repeated consumption. | high |
| 07 | Walmart engaged in fraudulent and deceptive conduct by devising and executing a scheme to convey that their products were safe. The company’s actions were done to gain commercial advantage over competitors and drive consumers away from purchasing competitor products. | high |
| 08 | Walmart sold products that were unfit for their intended use because they contained inorganic arsenic above the action level set in industry guidance. No reasonable consumer would expect an apple juice beverage to contain high levels of a toxic heavy metal. | high |
Public Health and Safety
The human cost of contamination · 6 points
| 01 | Inorganic arsenic exposure during active brain development causes learning disabilities, behavior difficulties, and lowered IQ in children. Fetuses, infants and children are particularly vulnerable because of their smaller body sizes and rapid metabolism and growth. | high |
| 02 | Short-term exposure to very high amounts of inorganic arsenic results in nausea, vomiting, bruising, and numbness or burning sensations in the hands and feet. These symptoms can appear quickly after consumption of contaminated products. | high |
| 03 | Long-term exposure to inorganic arsenic causes skin disorders and increased risks for skin, bladder and lung cancers in adults. The substance also increases risk for cardiovascular disease across all age groups. | high |
| 04 | Inorganic arsenic is more dangerous than organic arsenic and research shows health effects from exposure are more severe. Apple juice is one source of exposure to this more hazardous form of the heavy metal. | high |
| 05 | The FDA prepared guidance in June 2023 with recommendations to manufacturers on the action level of 10 parts per billion for inorganic arsenic in apple juice. The guidance aimed to help protect health by reducing exposure that can be achieved with current good manufacturing practices. | medium |
| 06 | Consumers purchased and paid for a product intended to be frequently and repeatedly consumed that contains high levels of inorganic arsenic. This substance becomes toxic with repeated consumption, exposing plaintiffs and class members to potentially severe health consequences. | high |
Regulatory Failures
How oversight systems failed consumers · 5 points
| 01 | The FDA only gave the recall a more urgent classification after Walmart had already distributed contaminated product for months. The agency indicated the affected product may temporarily cause adverse health consequences, but action came too late for thousands of families. | high |
| 02 | Walmart’s Products were defective due to inadequate testing, study, and reporting regarding the results. The company failed to implement testing protocols sufficient to catch arsenic levels exceeding federal limits before products reached store shelves. | high |
| 03 | Walmart was under a continuous duty to disclose the true nature of the Products because the facts concerned a safety-related deficiency. As owner, manufacturer, marketer and seller, the company had a duty to disclose based on its exclusive and superior knowledge about the product composition. | high |
| 04 | The impacted product was sold in stores between March 27, 2024 and August 27, 2024 before Walmart initiated removal. This five-month window allowed widespread distribution and consumption of juice containing arsenic at dangerous levels. | high |
| 05 | Walmart failed to warn consumers even after discovering high levels of inorganic arsenic in its apple juice. The company did not provide adequate warnings to plaintiffs, class members and the public, while continuing to promote the product as safe and effective. | high |
Profit Over People
How Walmart prioritized margins over safety · 6 points
| 01 | Walmart was unjustly enriched by retaining revenues derived from selling contaminated products. The company knew plaintiffs conferred a benefit by purchasing the juice and retained those funds despite failing to disclose the products were unsafe due to high arsenic levels exceeding industry standards. | high |
| 02 | Plaintiffs purchased and paid a premium or otherwise paid more for the Products than they would have had they known the juice contained toxic, harmful chemicals. Walmart was best positioned to know the prolonged effects of inorganic arsenic but failed to disclose consequences of repeated consumption to consumers. | high |
| 03 | Walmart engaged in fraudulent and deceptive conduct to gain commercial advantage over competitors and drive consumers away from purchasing competitor products. The company’s scheme deceptively conveyed that their products were safe when they knew or should have known otherwise. | high |
| 04 | Plaintiffs and class members were deprived of the benefit of their bargain and spent money on a product that did not have any value or had less value than warranted. They would not have purchased and consumed the juice had they known the truth about the product. | medium |
| 05 | Walmart breached implied warranties by selling products unfit for their intended use due to high levels of inorganic arsenic exceeding industry standards. The company knew or should have known that plaintiffs relied on its skill and judgment in determining whether products were safe and free from hidden defects. | high |
| 06 | Walmart breached express warranties created through advertising that products were of average quality, fit for ordinary purposes, did not contain high arsenic levels, and were generally safe to consume repeatedly for years. These warranties became part of the basis of the bargain and the contract with consumers. | high |
Community Impact
Who bears the real cost · 5 points
| 01 | The states and territories included in the recall are Alabama, Connecticut, D.C., Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Maine, Michigan, Mississippi, North Carolina, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virginia, Vermont and West Virginia. Families across 26 jurisdictions purchased and consumed the contaminated product. | medium |
| 02 | Plaintiffs and class members suffered financial injury as a direct and proximate consequence of reliance on Walmart’s omissions and partial representations. They were significantly exposed to apple beverage with high levels of inorganic arsenic exceeding what industry and FDA deem acceptable. | high |
| 03 | Consumers would not have purchased the Products or paid as much for them had they known the truth. The damage extends beyond purchase price to include potential long-term health monitoring and treatment costs for arsenic exposure. | high |
| 04 | Plaintiff Gary McLean is a citizen and resident of Laurinburg, Scotland County, North Carolina. He purchased and consumed Great Value 100% Apple Juice, 96 fl oz with UPC 0-78742-229539, representing thousands of similarly situated consumers across the United States. | medium |
| 05 | The damages suffered by plaintiffs and class members are relatively small compared to the burden and expense they would be required to individually litigate claims against Walmart. This makes it impracticable for class members to individually seek redress for the company’s wrongful conduct. | medium |
Corporate Accountability Failures
How Walmart avoided responsibility · 6 points
| 01 | Walmart placed products into the stream of commerce in a defective and unreasonably dangerous condition such that foreseeable risks exceeded benefits associated with the design and formulation. The company supplied defective products to plaintiffs and class members without substantial alteration from when they were sold. | high |
| 02 | The levels of inorganic arsenic found in the Products were unreasonably and dangerously defective beyond the extent contemplated by ordinary persons with ordinary knowledge regarding these products. No reasonable consumer expects apple juice to contain toxic heavy metals above safety thresholds. | high |
| 03 | Walmart’s Products were defective due to inadequate post-marketing warning or instruction. After the company knew or should have known of the risk of injury from high arsenic levels, it failed to provide adequate warnings and continued promoting the product as safe and effective. | high |
| 04 | The defective design, formulation, warnings and labeling associated with the Products and the high levels of inorganic arsenic were substantial factors in bringing about injuries to plaintiffs and class members. Walmart’s failure to warn and other actions directly caused consumer exposure to the hazardous substance. | high |
| 05 | Walmart had no way of not knowing about the defect yet failed to warn plaintiffs and members of the classes. The company owed plaintiffs and class members a duty of care and duty to warn of any risks associated with the Products. | high |
| 06 | As direct and proximate cause of the defective condition of products manufactured and supplied by Walmart, and specifically the company’s failure to warn and other negligence described, plaintiffs and class members were significantly exposed to apple juice with concerning levels of inorganic arsenic and suffered financial injury. | high |
The PR Machine
How Walmart managed public perception · 4 points
| 01 | Walmart aimed to portray the Products as safe for frequent and repeated consumption while omitting key facts concerning potential harm from consuming apple juice with high levels of inorganic arsenic. The company actively concealed or understated risks that were known or accessible exclusively to it. | high |
| 02 | Walmart made partial representations concerning the same subject matter as the omitted facts about arsenic contamination. The company intended for consumers to rely on these omissions when making purchase decisions. | high |
| 03 | Walmart delivered the Products to distributors and through other channels to consumers including plaintiffs and class members without disclosing the presence of inorganic arsenic. As owner, manufacturer, marketer and seller, the company had superior knowledge of the facts that would be material to consumers. | high |
| 04 | Walmart’s failure to disclose potential negative health effects of consuming the Products induced plaintiffs and class members to purchase the juice. Consumers had no way of knowing that the company’s representations were false or misleading. | high |
The Bottom Line
What this case reveals about corporate power · 5 points
| 01 | Walmart manufactured, advertised, sold and distributed the Products to consumers including plaintiffs across the United States. The company formulated, designed and placed products unfit for their intended use because they contained inorganic arsenic above action levels set in industry guidance. | high |
| 02 | Walmart has acted or refused to act on grounds generally applicable to the class, making final declaratory or injunctive relief appropriate. The company’s conduct violated consumer protection statutes and common law duties owed to purchasers. | high |
| 03 | The action involves common questions of law and fact which predominate over any questions affecting individual class members. These include whether Walmart’s advertising was deceptive regarding risks, whether the company made representations regarding safety, whether it omitted material information, and whether products were merchantable. | medium |
| 04 | A class action is superior to any other available means for fair and efficient adjudication of this controversy. The damages or financial detriment suffered by plaintiffs and class members are relatively small compared to the burden and expense of individual litigation, making it impracticable for class members to individually seek redress. | medium |
| 05 | Walmart should be compelled to disgorge into a common fund or constructive trust, for the benefit of plaintiffs and class members, proceeds that the company unjustly received. In the alternative, Walmart should be compelled to refund the amounts that plaintiffs and class members overpaid for the defective contaminated products. | medium |
Timeline of Events
June 2023
FDA issues guidance recommending 10 ppb action level for inorganic arsenic in apple juice
March 27, 2024
Walmart begins selling contaminated Great Value apple juice in stores
August 15, 2024
Walmart recalls 9,535 cases of Great Value apple juice after arsenic levels test at 13.2 ppb
August 27, 2024
Last date impacted product was sold in stores before removal
September 11, 2024
Gary McLean files class action lawsuit in U.S. District Court for Western District of Arkansas
Direct Quotes from the Legal Record
QUOTE 1
Product contamination exceeded FDA limits
allegations
“The Products are unfit for their intended use because they contain inorganic arsenic above action level set in industry guidance (13.2 parts per billion).”
💡 This establishes the core safety violation that forms the basis of all claims
QUOTE 2
Children face heightened neurological risks
health
“Exposure to high levels of arsenic during times of active brain development is associated with adverse neurological effects such as learning disabilities, behavior difficulties, and lowered IQ. Fetuses, infants, and children are particularly vulnerable to the potential harmful effects from arsenic exposure because of their smaller body sizes and rapid metabolism and growth.”
💡 This shows the severe and irreversible harm to the most vulnerable consumers
QUOTE 3
Long-term cancer risks for adults
health
“For adults, long-term exposure to inorganic arsenic has been associated with skin disorders and increased risks for skin, bladder, and lung cancers, and for cardiovascular disease.”
💡 This demonstrates the product posed life-threatening risks across all age groups
QUOTE 4
Walmart failed to warn consumers
allegations
“At the time of their purchases, Defendant didn’t notify Plaintiff, and similarly situated consumers, of the Product’s risk of containing inorganic arsenic exceeding the FDA’s standard allowed in apple juice through the product labels, instructions, ingredients list, other packaging, advertising, or in any other manner, in violation of the state and federal law.”
💡 This proves Walmart concealed material safety information from purchasers
QUOTE 5
FDA gave recall urgent classification
regulatory
“The apple juice recalled by Walmart exceeded this standard (13.2 parts per billion), and the FDA gave the recall a more urgent classification, saying the affected product may temporarily cause adverse health consequences.”
💡 Federal regulators confirmed the product posed immediate health dangers
QUOTE 6
Walmart represented products as safe
allegations
“Through marketing and sale, Defendant represented that the Products are safe and effective for people.”
💡 This shows Walmart made affirmative safety claims while concealing contamination
QUOTE 7
Consumers purchased worthless dangerous products
allegations
“Because Plaintiff and all consumers who purchased the worthless and dangerous Products were injured by the Products, which they purchased under the presumption that the Products were safe, they have suffered losses.”
💡 This establishes economic harm and breach of consumer trust
QUOTE 8
Walmart had superior knowledge of contamination
accountability
“Defendant, as the owner, manufacturer, marketer, and seller, had a duty to disclose because of Defendant’s exclusive and/or superior knowledge concerning the composition of the Products.”
💡 This proves Walmart had unique responsibility and capability to prevent harm
QUOTE 9
Company engaged in fraudulent concealment
profit
“Defendant engaged in fraudulent and deceptive conduct by devising and executing a scheme to deceptively convey that their products were safe. Defendant’s actions were done to gain a commercial advantage over competitors, and to drive consumers, like the Plaintiff and Class Members, away from purchasing a competitor’s product.”
💡 This reveals the profit motive behind concealing safety information
QUOTE 10
Product was unreasonably dangerous
accountability
“Defendant manufactured, designed, marketed, and sold the Products in a defective and unreasonably dangerous condition such that the foreseeable risks exceeded the benefits associated with the design and/or formulation of the Product.”
💡 This establishes strict products liability for defective design
QUOTE 11
Consumers paid premium for dangerous product
profit
“Plaintiff and Class Members purchased, and paid a premium, or otherwise paid more for the Products than they otherwise would have—had they known that the Products contained toxic, harmful chemicals.”
💡 This quantifies the economic harm from fraudulent misrepresentation
QUOTE 12
No reasonable consumer would expect contamination
allegations
“No reasonable consumer would expect the Products, an apple flavored beverage, would contain high levels of inorganic arsenic.”
💡 This establishes the baseline expectation of product safety that Walmart violated
QUOTE 13
Walmart continued promoting product as safe
accountability
“Defendant’s Products were defective due to inadequate post-marketing warning or instruction because, after Defendant knew or should have known of the risk of injury from the high levels of inorganic arsenic in the Products, Defendant failed to provide adequate warnings to the Plaintiff, Class Members, and public and continued to promote the Product as safe and effective.”
💡 This shows Walmart’s ongoing negligence even after learning of the danger
QUOTE 14
Product sold under family-friendly brand
allegations
“Plaintiff purchased one of the Products, while lacking the knowledge that the Product could poison and cause serious harm to those who consumed the Product.”
💡 This emphasizes the betrayal of trust for consumers relying on Walmart’s brand
QUOTE 15
Widespread distribution across states
community
“The states and territories included in the apple juice recall are Alabama, Connecticut, D.C., Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Maine, Michigan, Mississippi, North Carolina, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virginia, Vermont and West Virginia.”
💡 This demonstrates the massive scale of consumer exposure nationwide
Frequently Asked Questions
What apple juice products were recalled by Walmart?
Walmart recalled Great Value 8oz Apple Juice in a 6 pack (UPC 0-78742-29655-5) and Great Value 100% Apple Juice 64 oz (UPC 0-78742-229539). The recall covered 9,535 cases sold between March 27, 2024 and August 27, 2024 across 26 states and territories.
Why is inorganic arsenic in apple juice dangerous?
Inorganic arsenic is a proven carcinogen that causes learning disabilities, behavior problems and lowered IQ in children whose brains are still developing. In adults, long-term exposure increases risks for skin, bladder and lung cancers, as well as cardiovascular disease. Even short-term exposure can cause nausea, vomiting, bruising and numbness.
How much arsenic was in Walmart’s apple juice?
Testing showed Walmart’s Great Value apple juice contained inorganic arsenic at 13.2 parts per billion, which is 32 percent higher than the FDA’s safety limit of 10 parts per billion. This exceeded the threshold the FDA established to protect public health.
Did Walmart warn consumers about the arsenic before the recall?
No. According to the lawsuit, Walmart did not notify consumers about the arsenic contamination through product labels, instructions, ingredients lists, packaging, advertising or any other manner before initiating the recall on August 15, 2024.
Who can join this class action lawsuit against Walmart?
The lawsuit seeks to represent all persons in the United States who purchased the contaminated Great Value apple juice products during the applicable statute of limitations period. Subclasses are also proposed for residents of North Carolina and Arkansas specifically.
What are plaintiffs asking the court to do?
Plaintiffs are seeking compensatory, statutory and punitive damages, refunds for the purchase price, restitution and disgorgement of wrongfully retained revenues, injunctive relief, pre and post-judgment interest, attorneys’ fees and costs, and other equitable monetary relief.
How long was the contaminated apple juice sold before recall?
Walmart sold the contaminated Great Value apple juice for approximately five months, from March 27, 2024 until August 27, 2024, before removing it from stores. This gave the product widespread distribution before the company initiated the recall.
What states were affected by this contaminated product?
The recalled apple juice was sold in Alabama, Connecticut, D.C., Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Maryland, Maine, Michigan, Mississippi, North Carolina, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virginia, Vermont and West Virginia.
Can I get my money back if I bought this apple juice?
The lawsuit seeks refunds for all class members who purchased the contaminated products. If you purchased Great Value apple juice with the recalled UPC codes, you may be entitled to compensation if the case succeeds through settlement or trial verdict.
What can I do if I consumed this contaminated apple juice?
Document your purchase with receipts if possible, monitor yourself or family members for any health symptoms, consult a healthcare provider about arsenic exposure screening, and consider contacting the plaintiff’s attorneys listed in the lawsuit to learn about joining the class action.
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