Tennessee Food Poisoning/Food-borne Illness Update 3
The legal battle over the recent Salmonella contamination of peanut products is in full swing. In March, a total of seven lawsuits were filed by residents across the nation in the United States District Court, Georgia, against the Peanut Corporation of American (PCA) and the Kellogg Company for injuries sustained as a result of consuming peanut products alleged to have been contaminated with Salmonella.
The complaints allege four theories of liability:
• Strict liability/products liability - Plaintiffs alleged that they suffered injury and damages as a result of a “defective and unreasonably dangerous condition of the adulterated food product” that Defendants manufactured, distributed, and sold.
• Breach of express and implied warranties - Plaintiffs alleged that Defendants are liable for breaching express and implied warranties that the food products were suitable for human consumption.
• Ordinary negligence - Plaintiffs allege that Defendants owed a duty to the Plaintiffs to use reasonable care in their manufacture, distribution, and sale of food products. The Defendants breached this duty by failing to prevent the product from becoming contaminated.
• Negligence per se - Plaintiffs allege that Defendants had a duty to comply with all applicable state and federal regulations intended to ensure the purity and safety of their food product.
In an unrelated scare, tainted pistachios produced and distributed by Setton Farms have resulted in product recalls for the following defective products in Tennessee:
• Pistachio products made by the Illinois-based Nut and Candy Company.
• “Roasted Pistachio Whole Kernels” made by Dekalb Farmers Market.
• Pistachio products made by Harry and David.
Food manufacturers and suppliers also have a duty to correctly list ingredients so as to protect people with food allergies. The following defective products in Tennessee have been recalled for failure to correctly list food ingredients:
• Rich Products Corporation has recalled its “Farm Rich Breaded Vegetable Sticks” because the label did not list that it contained egg.
• Lawrence's Delights recalled its “2 oz walnut Baklava” because it contains undeclared peanuts.
If you or a loved one has ingested any one of the products listed above and fallen ill, you may be able to receive compensation for medical bills, time off from work, and other related damages. Call 866-853-2888 to speak with Tennessee’s experienced personal injury attorneys at Baker Associates for a free consultation.
