A man who claims that his consumption of Ocean Spray’s 100% Cranberry
Pomegranate Juice® caused his food poisoning and other related injuries, has
filed an individual action against the company, retailers and a testing laboratory
in an Illinois state court. Mihalopoulos v. Ocean Spray Cranberries, Inc., No.
2011L005420 (Ill. Cir. Ct., Cook Cty., filed May 25, 2011). The plaintiff alleges
that the product was contaminated with a “fungus known as Penicillium
Glabrum.” Part of the complaint alleges that a testing laboratory confirmed
the presence of the fungus in the product, but failed to preserve the juice
sample, which the plaintiff contends will prejudice his ability to prosecute the
remainder of his claims.

Alleging strict products liability, negligence and spoliation of evidence, the
plaintiff seeks damages in excess of $50,000 for his “severe and permanent
injury,” medical costs and future economic losses.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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