Bonsoy class action widens to include manufacturer and distributor

More than 600 Australians have joined a class action against three companies associated with Bonsoy soy milk. Maurice Blackburn Lawyers has extended the statement of claim to include the manufacturer and exporter as well as the brand owner, Spiral Foods. The companies are accused of failing to react to tests showing excessively high levels of iodine in the product, despite multiple consumer complaints.

After commencing action against Spiral Foods in 2010, Maurice Blackburn has now extended the claim to include the two Japanese companies that manufactured and exported the products to Australia: the manufacturer Marusan-ai Co Ltd and the exporter Muso Co Ltd.

Maurice Blackburn claims that Bonsoy contained excessive iodine levels since 2003, when Spiral Foods requested that Marusan-ai and Muso reformulate Bonsoy using iodine-rich kombu as an alternative means of adding salt.

The statement of claim alleges that the three companies did not consider the safety consequences of the reformulation, despite widely available information about the potential dangers of excessive kombu consumption.

“We say that these three companies had test results in mid-2006 which showed that Bonsoy contained extremely high levels of iodine, but they did nothing,” said Irina Lubomirska, Maurice Blackburn Senior Associate.

“On at least three occasions they were contacted by customers expressing concerns about the iodine content of Bonsoy and they did not act to ensure the product was safe. They have breached consumer protection laws in both Australia and Japan.

“There was a wealth of information available about appropriate iodine consumption. Even a five-minute internet search would have revealed that the levels of iodine found by the test in 2006 were dangerously high and could cause a range of health problems. None of the three companies did anything to ensure that Bonsoy, which was marketed and sold as a premium health-food soy brand, was in fact safe to consume.”

The product was not recalled until late in 2009, when health authorities reportedly discovered that one glass of the product contained seven times the upper safe dose of iodine for adults. Maurice Blackburn claims that hundreds of Bonsoy consumers suffered thyroid illness as a result of consuming the product during the six-year period.

“We will be vigorously pursuing the legal action against the three companies and are confident of proving all allegations at trial,” Lubomirska said. “We have been contacted by approximately 600 victims and believe there is a very good case for compensation for medical expenses and loss of income, as well as pain and suffering and other losses for many of our clients.”

For more information on the class action, visit the Maurice Blackburn Lawyers website: www.mauriceblackburn.com.au.