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Publix Settles Suit Over Soda, Agrees To New Formula

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By Jerry Stockfisch of The Tampa Tribune

Published: January 8, 2008

TAMPA - Publix Super Markets has settled a consumer suit alleging that two ingredients of the grocer's private-label diet lemon lime soft drinks could combine under heat exposure to form benzene, which has been known to cause cancer.

The Food and Drug Administration and other food authorities said there were no known health risks from potential benzene levels in the drink, which would be measured in single digits of parts per billion.

But as part of the suit settlement, Lakeland-based Publix and Cott Beverages, which supplies the product, agreed to reformulate the drink.

The suit was filed by Tim Howard, a Florida lawyer and Northeastern University professor, on behalf of consumers. Publix said that cans with a use date of July 3, 2008, or later have been reformulated; customers who have the product with use dates before then may return it for a full refund or replacement. If customers no longer have the product purchased since Oct. 1, 2006, they may receive a refund if they can provide a receipt.

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