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Roughly 10% of apple and grape juice samples tested by Consumer Reports contained total levels of arsenic that exceeded federal standards set for drinking water, according to results of an investigation released today.

In most samples, the majority of the arsenic came in the inorganic form -- a known carcinogen introduced into the environment through pesticides and wood treatments that have been banned, and coal-fired power plants -- rather than the organic form, which is considered nontoxic, the report showed.

The results appear to support Mehmet Oz, MD, a thoracic surgeon at Columbia University and host of The Dr. Oz Show, who made headlines in September when he aired a segment on arsenic in apple juice and was widely criticized for faulty methods.

Although there is no federal arsenic threshold established for fruit juices, Oz -- and Consumer Reports -- used the standard for drinking water -- less than 10 parts per billion (ppb) -- to determine that 10 samples had unsafe levels. Oz's analysis did not determine how much of the arsenic was inorganic, however.

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Because that information was missing, the segment was deemed "irresponsible and misleading" by the FDA, which said that most of the arsenic found in fruit juices is the harmless organic form.

The Consumer Reports investigation, however, counters that stance.

The magazine tested 88 samples from 28 apple juices and three grape juices bought in Connecticut, New York, and New Jersey, and found that nine samples from five brands had total arsenic levels that exceeded federal drinking-water standards, with values ranging from 1.1 to 13.9 ppb for apple juice and 5.9 to 24.7 ppb for grape juice.

The brands of juice that had at least one sample tested above 10 ppb for total arsenic were Apple & Eve, Great Value (Walmart), Mott's, Walgreens, and Welch's. The authors noted that even within single brands, levels varied widely.

In nearly all of the samples, most of the arsenic was in the harmful inorganic form, which has been shown to cause bladder, lung, and skin cancer, and has been associated with increased risks of cardiovascular disease, immunodeficiencies, and type 2 diabetes.

That adds to the levels found in other foods -- including chicken, rice, and baby food -- "which suggests that more must be done to reduce overall dietary exposure," according to the report.

An analysis using data from the National Health and Nutrition Examination Survey (NHANES) led by Richard Stahlhut, MD, MPH, of the University of Rochester, suggested that people who drink fruit juice have higher urinary arsenic levels. On average, those who reported drinking apple or grape juice had 19% to 20% more total arsenic in their urine.

The authors noted that the dataset did not include children younger than 6 years, many of whom exceed pediatricians' recommendations for juice consumption.

Consumer Reports also tested for lead in the samples. Similar to arsenic, there is no federal standard for lead in fruit juice, but using the threshold for bottled water (5 ppb), the investigators found that about 25% of samples had elevated levels. The highest concentration was 13.6 ppb for apple juice and 15.9 ppb for grape juice.

Brands of juice that had at least one sample above 5 ppb were America's Choice (A&P), Gerber, Gold Emblem (CVS), Great Value, Joe's Kids (Trader Joe's), Minute Maid, Seneca, Walgreens, and Welch's.

Citing evidence that long-term exposure to arsenic and lead -- even at levels below the federal thresholds -- can result in health problems, Consumers Union, the advocacy arm of Consumer Reports, has called on the FDA to set arsenic and lead standards for apple and grape juice. It recommends 5 ppb for lead and 3 ppb for arsenic.

The authors of the report said these standards would be achievable, as 41% of all of the tested samples came in below both thresholds.

The FDA said in a statement that it looks "forward to reviewing the data that formed the basis for [Consumer Reports'] story and their recommendations."

The statement added that the FDA has been monitoring fruit juices for arsenic content for more than 20 years.

"We continue to find the vast majority of apple juice tested to contain low levels of arsenic, including the most recent samples from China," it read. "For this reason, FDA is confident in the overall safety of apple juice consumed in this country."

Acknowledging the small number of samples with elevated arsenic levels, the FDA said it has expanded surveillance activities and is in the process of determining whether a guidance level can be set to reduce exposure to arsenic in apple juice.

In a statement, the Juice Products Association, a trade group, said, "Juice is safe for consumers of all ages."

"The juice industry adheres to FDA guidelines, and juice products sold in the U.S. meet and will continue to proactively meet or exceed the federal standards," the statement read.

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