usiness

Juice drinkers from California to New York
may be looking at a financial windfall
in a case against the beverage giant.

JULIE EDGAR STAFF WRITER

eaven only knows how many unsuspecting
consumers bought or drank a bottle of Snap-
ple over the past three years thinking it was
kosher.
So far, only a handful of claims have land-
ed on the desk of New York attorney Vernon
J. Welsh, who has reached a tentative set-
tlement agreement with the Chicago-based
juice maker over misrepresentation of its bev-
erages.
He suspects there may be many more cas-
es of mistaken identity.
Snapple, now a part of Quaker Oats, pro-
duces 44 flavors of teas and juices, 19 of which
are certified as kosher. However, oftentimes
the bottles — kosher and nonkosher — are
marketed in a single vending machine marked
with a Circle K symbol. That, said Mr. Welsh,
misled consumers who thought they were get-
ting only kosher when they bought, say, Pink
Lemonade or Kiwi Strawberry.
Any treife, or non-kosher, product is con-
sidered a "spiritual contaminant," said Rab-
bi Elimelech Silberberg of Bais Chabad in
West Bloomfield.
"[For] people who keep kosher — for a Jew-
ish person — it's certainly a serious violation.
If you do look at something that isn't kosher
as a spiritual pollutant, these companies are
certainly guilty of something detestable. For
a spiritual person, that is something which is
serious, which is upsetting," he said.
On the other hand, Rabbi Silberberg added,
the consumer ought not to rely on represen-

! app l e

tations on an outer case like a vending ma-
chine but should make sure to check the bot-
tle itself for the heksher.
After Mr. Welsh took on the case of one such
victim late last year, he began to seek others
similarly aggrieved with the intention of fil-
ing a class-action lawsuit. Notices have been
printed in Anglo-Jewish publications, includ-
ing this one, detailing terms of the settlement
agreement, which must be approved by a
judge.
A hearing is set for Oct. 11 before a mag-
istrate in the U.S. District Court for the East-
ern District of New York in Long Island. The
action has been certified as a class-action suit
for purposes of settling the case.
The agreement provides for a distribution
to plaintiffs of between $227,000 and $277,000,
a release of all future claims by consumers,
and 100,000 coupons redeemable for Snapple
drinks.
Mr. Welsh explained that unless a large
number of people step forward with legitimate
claims, the judge may not allow the lawsuit
to go forward as a collective action. If he
doesn't, the case will most certainly go on,
he said.
However, "I would say [the plaintiffs] are
happy with the settlement. They feel it's fair
and just," Mr. Welsh said.
Snapple thinks it is, said the company's at-
torney, David Brafman.
He said Snapple began withdrawing the of-
fending machines before the lawsuit was filed

and that plaintiffs in the case have already
conducted nationwide inspections of the box-
es and are satisfied.
'We believe that Quaker and Snapple were
responding properly when they found out this
problem might exist, but we've resolved it in
the settlement in a way we think benefits
everybody," Mr. Brafman said. "We are hope-
ful the judge will approve it."
Mr. Welsh, whose office is in Queens, said
he's received roughly 110 inquiries since he
filed the lawsuit late last year. However, only
three or four people have actually sent back
the forms required to be qualified to be part
of the collective action. In this case, consumers
must observe the laws of kashruth.
The only Michigan inquiry came from an
unnamed individual in Walled Lake, said Mr.
Welsh, who is forbidden by court order from
giving out the names of potential plaintiffs.
Other requests have come in from California,
Pennsylvania and New York, he said.
Snapple drinkers who think they might
have inadvertently bought or drank a
nonkosher beverage after March 1992 have
until Tuesday, Sept. 3, to submit forms. How-
ever, if requests are postmarked by then, Mr.
Welsh will fax the forms or send them out by
first-class mail. No proof of purchase is re-
quired, but claimants must swear they are
telling the truth.
Mr. Welsh's address is 91-31 Queens Boule-
vard, Suite 405, Elmhurst, NY 11373. The
phone number is (718) 397-7266.