The day before yesterday, the Rochester, New York based Nalge Nunc International Corp was sued by a California mother for using a toxic substance in its popular Nalgene plastic sports bottles, which could leach into the bottles' contents and sicken consumers. The plaintiff claimed that the company knew the whole thing, but downplayed risks.

The case was filed in U.S. District Court in Sacramento on Tuesday against Nalgene for using Bisphenol A, or BPA, in plastic sports bottles. It’s the first consumer class action over the use of Bisphenol A, or BPA, since Canada moved to ban baby bottles containing the substance and the U.S. authorities expressed concern over its safety last week.

On Friday, Nalgene, a unit of Thermo Fisher Scientific Inc, had announced that it will phase out production of its Outdoor line of polycarbonate containers that include BPA over the next several months. Wal-Mart Stores Inc has also said on Friday it will pull baby bottles and other products made with BPA.

Filed by Lani Felix-Lozano, the suit accuses Nalgene of continuing to assert that BPA is safe long after dozens of studies linked the substance to hormone disruptions, infertility, early puberty, and cancer.

Lozano stated that she bought the company's reusable beverage containers for herself and her two daughters, now ages 11 and 13, for several years. However, she didn’t describe any physical ailment suffered by the plaintiffs and seeks unspecified damages

Lozano’s attorney Harold Hewell said, “They address the issue of BPA in their bottles (on their Web site); they cite the (Food and Drug Administration) stating that they see no problem with it. The problem is they didn't cite the many other studies that show there is a risk and there is a great concern about the issue."