Kroger sued for allegedly selling basmati rice containing damaging elements. The American company The Kroger Co., one of the largest supermarket chains in the country, has been sued in a class action lawsuit for allegedly selling Basmati rice contaminated with heavy metals without informing consumers.
This is why Mary Tomassian filed a lawsuit on June 20 in a California federal court. Tomassian alleges that Kroger violated both state and federal consumer protection laws by not properly disclosing that its product contained potentially harmful substances. So, let’s learn more in detail about this.
What exactly does the lawsuit allege?
According to the legal filing submitted by Tomassian, Kroger has been selling Basmati rice that contains levels considered dangerous of arsenic and cadmium, two heavy metals that, in elevated quantities and with prolonged exposure, can pose a risk to human health.
Tomassian claims that Kroger knew or should have known that its product was contaminated, and that despite this, the company did not include any warning on the product’s packaging. According to her argument, this omission misled consumers, leading them to believe that the product was completely safe to eat.
What were the consequences for consumers?
The plaintiff explains that, had she known the rice was contaminated, she and many others would not have purchased it. In fact, Tomassian states that she paid a premium price for a product she believed to be high quality and free of contaminants. This expectation, according to the complaint, was based on the information—or lack of warnings—provided by Kroger at the time of sale.
What do the tests say about the rice?
According to data cited in the lawsuit, recent independent tests found that Kroger’s Basmati rice contained:
- 317 parts per billion (ppb) of arsenic
- 11.6 ppb of cadmium
As a reference, the U.S. Food and Drug Administration (FDA) sets the maximum allowable level of arsenic in drinking water at 10 ppb. Although this regulation applies to water and not specifically to food, it is used in the lawsuit to highlight the levels found in Kroger’s rice.
Who does the plaintiff seek to represent?
Tomassian seeks to represent all individuals who purchased Kroger’s Basmati rice for household use, meaning for personal consumption and not for resale. This would make the lawsuit a class action, meaning that many affected consumers could be included in the case without having to file individual lawsuits.
What is the lawsuit asking for?
The legal filing includes several requests to the court, including:
- Certification of the case as a class action, meaning it would be officially recognized as representing a group of consumers affected by the same issue.
- Compensation for financial damages suffered by those who purchased the product.
- Restitution, or reimbursement of the money paid for the contaminated rice.
- An injunction, requiring Kroger to clearly disclose the presence of heavy metals on the rice packaging.
The lawsuit also cites violations of California consumer protection laws, as well as breach of implied warranty that the product is fit for consumption, and unjust enrichment, a legal term referring to the improper financial benefit obtained at the expense of the consumer.
What does it mean to you?
If you have ever bought Kroger Basmati rice thinking it was a safe and a high-quality product, this lawsuit might hit close to home. As more cases like this come to light, it is a reminder to pay attention to what is in the food we bring into our homes—and to speak up when something doesn’t feel right. Whether or not you’re directly affected, staying informed is one way to protect yourself and your family.