A class action has been filed against Kraft Foods for selling fruit juice drinks containing ingredients that over time can form the toxic chemical benzene. The lawsuit was filed in the U.S. District Court for the Southern District of California, alleging that Kool-Aid Jammers and Kool-Aid Jammers 10 fruit juice drinks contain ascorbic acid and benzoate salts. The plaintiff claims that under certain conditions, including heat, light and extended shelf life, the two ingredients can form the toxic carcinogen benzene. Kool-Aid Jammers are marketed and sold to children.

Benzene is an organic chemical compound that is colorless and flammable with a sweet smell. It is used as an industrial solvent and in the production of plastics, synthetic rubber and dyes. The chemical is frequently detected in the food supply as a result of industrial pollution.

The Plaintiff maintains that benzene exposure can cause serious health problems. The chemical has caused cancer in workers exposed to high levels from workplace air and has been directly linked to leukemia.

The plaintiff seeks to represent a class of all California consumers who purchased Kool-Aid Jammers juice drinks at any time from Dec. 19, 2004, through the present. The plaintiff seeks actual and punitive damages for violations of Sections 17200 and 17500 of the California Business and Professions Code, negligent misrepresentation, intentional misrepresentation, breach of implied warranty and violation of the California Consumer Legal Remedies Act. The plaintiff seeks to require Kraft to make full restitution of all money wrongfully obtained as a result of the allegedly unlawful conduct, to require Kraft to reformulate the juice drinks to eliminate the risk of benzene contamination and to require Kraft to recall all old formulations of the juice drinks.