A New York woman appears to have had second thoughts after filing a massive lawsuit against the Girl Scouts alleging that she bought the organization's famous cookies without knowing that they contained "dangerous toxins."
Bayside resident Amy Mayo filed a proposed class action lawsuit Monday against Girl Scouts of the United States of America, in which she sought $5 million in damages for having purchased cookies "contaminated with dangerous heavy metals" and pesticides. Mayo said that she bought numerous products such as Adventurefuls, Peanut Butter Patties, and Caramel deLites -- always believing that they were safe cookies.
Although Mayo did not argue that any one was harmed in any way by the cookies, she said she "would have paid substantially less" for the cookies had she knows that they contained "dangerous toxins."
Mayo's lawsuit came just days after podcast host Joe Rogan made a claim on his popular show that the cookies are toxic, citing a flawed study by a group called Moms Across America, which has a history of promoting conspiracy theories about food and food science.
"Holy s -- ! They're f -- ing toxic as f -- !" Rogan said, before adding: "Thin Mints being the worst offenders."
"Five flavors of Girl Scout Cookies contained levels of glyphosate and heavy metals above EPA water safety limits," Rogan also said.
He went on to cite the study.
As Forbes pointed out in a Feb. 26 article addressing rumors of cookie toxicity, the study was not peer-reviewed or published in any scientific journal. Further, it tested just 25 cookie samples from three states. While it found trace amounts of glyphosate and heavy metals, the study did not compare these findings to federal food safety standards, but instead used EPA water safety limits, which do not apply to food.
Glyphosate is a widely-used chemical found in some weed killers, and the Centers for Disease Control has estimated that 81% of the U.S. population has had recent exposure to glyphosate. Exposure to the toxin is possible through diet, skin contact, and air particles, and the chemical can be found in fruits, fruit juices, vegetables, and cereals. The FDA and USDA both allow residues of pesticides and metals in foods at levels deemed non-harmful, and regulatory agencies regularly test food products for compliance.
Mayo's lawsuit also cited the study in the 35-page complaint filed in federal court in New York. The complaint named not only the Girl Scouts as defendants, but also the cookies' licensed producers, ABC Bakers and Ferrero USA's Little Brownie Bakers.
After Rogan's podcast, but before Mayo's lawsuit was filed, the Girl Scouts told USA TODAY that customers' health and safety is a top priority.
"All Girl Scout Cookies are produced by our trusted licensed bakers, who are leaders in their industry and adhere to rigorous food safety standards set by the FDA and other relevant authorities," the organization said. "When you buy Girl Scout Cookies, proceeds stay local, every purchase of Girl Scout Cookies supports local troops in your community."
In a Feb. 2 blog post, the Girl Scouts specifically addressed some of the allegations in the Moms Across America study.
"Girl Scout Cookies are made with ingredients that adhere to food safety standards set by the FDA and other relevant authorities," the post said.
It went on to provide context:
Mayo's complaint, however, maintained that while Girl Scouts touted their cookies as being made by "trusted bakers" using "high quality products," they are actually loaded with harmful toxins.
It detailed:
However, despite these representations that Girl Scout Cookies are sold as being fit for consumption, are marketed to children, and are sold as part of a sophisticated operation that has the resources to ensure than the Girl Scout Cookies are safe, Defendants instead produce and distribute Products which are contaminated with dangerous heavy metals, including aluminum, arsenic, cadmium, lead, and mercury (hereinafter, "Heavy Metals") and pesticides, including glyphosate (collectively, the "Toxins").
Mayo's complaint also included several allegations relating to the modern food industry more generally.
"Today, the goal of food producers who make ultra-processed food is not necessarily to make a healthy product -- but to pump out as much addictive food as possible in order to enhance their bottom line," she argued. "This means doing the bare minimum (and often failing to) stay complaint with FDA mandated food safety practices and protocols, as well as using a substantial amount of chemicals and potential contaminants to keep the up rates of production.
She railed against the myriad dangers of unregulated food productions, pointing to author Upton Sinclair's prophetic work "The Jungle" from 1906, and argued that over a century later, Sinclair's warnings have proven true in the form of contaminated food such as Girl Scout Cookies.
Despite the vehement arguments raised by Mayo in her complaint, the claim was to be short-lived. Mayo filed a voluntary dismissal of her complaint with the court, effectively withdrawing from the case as a plaintiff, on Tuesday, just a day after the case was filed. The case against Girl Scouts remains open, however, as other plaintiffs in the potential class action still remain part of the litigation.
Attorneys for the parties did not immediately respond to request for comment.