A consumer has filed a lawsuit alleging that he contracted Salmonella from beef supplied to a restaurant by JBS Tolleson Inc. Rozich v. JBS Tolleson Inc., No. 18-1929 (D. Nev., filed October 8, 2018). The plaintiff alleges his infection stemmed from an outbreak of Salmonella that resulted in JBS recalling nearly seven million pounds of beef on October 4, 2018. The complaint cites a July 2017 notice from the U.S. Department of Agriculture’s Food Safety and Inspection Service purportedly alleging a JBS facility president enabled “‘egregious’ and ‘inhumane’ practices with livestock.” The plaintiff seeks damages and costs for allegations of strict product liability, negligence and breach of warranty.
Pepperidge Farms Inc. faces a lawsuit alleging that a woman became ill with Salmonella gastroenteritis after eating the company’s Goldfish crackers, which purportedly contained contaminated dry whey powder. Finch v. Pepperidge Farms, Inc., No. 18-152 (N.D. Miss., filed August 8, 2018). The plaintiff alleges that she bought and ate the Goldfish on July 19, 2018, became ill that evening, and tested positive for Salmonella one week later. Pepperidge Farm issued a recall of four varieties of Goldfish after its supplier notified it of potential contamination. Claiming manufacturing-defect strict liability, failure-to-warn strict liability, negligence per se, negligence and breach of warranties, the plaintiff seeks damages and attorney’s fees.
A woman has filed a lawsuit alleging that she contracted Salmonella Mbandaka after consuming Kellogg Co.'s Honey Smacks cereal. Lemieux v. Kellogg Co., No. 18-0682 (W.D. Mich., filed June 20, 2018). The infection is apparently part of an outbreak of Salmonella that began in March 2018 that has infected 73 people in 31 states. The plaintiff alleges that after eating Honey Smacks every morning for two weeks, she "lost her appetite entirely," experienced "agonizing abdominal craps" and had a fever of 104 degrees. For allegations of strict liability, negligence and breach of warranty, the plaintiff seeks damages of more than $25,000 and attorney's fees.
A woman has filed a lawsuit alleging she was hospitalized after eating Salmonella-contaminated eggs from Rose Acre Farms Inc. Roberts v. Rose Acre Farms, Inc., No. 18-61082 (S.D. Fla., filed May 14, 2018). The plaintiff alleges that she purchased eggs packaged by Coburn Farms, a Sav-A-Lot Food Stores brand, and became ill enough to require two hospitalizations. The Centers for Disease Control and Prevention has linked Rose Acre Farms eggs to a nine-state outbreak of Salmonella infections. Claiming strict product liability, breach of warranty, negligence and negligence per se, the plaintiff seeks damages and attorney’s fees.
The U.S. Government Accountability Office (GAO) has announced new food safety recommendations for managing the risk of arsenic in rice and efforts to reduce pathogens in meat and poultry products. Following a request to review issues related to arsenic in rice, GAO determined that the U.S. Food and Drug Administration (FDA) has not updated its risk assessment of the human health effects in two years and was unable to provide a timeline for either an update or final draft guidance. GAO has recommended that FDA develop such timelines, work with other agencies to coordinate risk assessments and work with the U.S. Department of Agriculture (USDA) to develop methods to detect contaminants in food. GAO also reviewed USDA’s approach to reduction of pathogens in meat and poultry, finding the agency has failed to develop standards for some products—including turkey breasts and pork chops—and has not fully documented its process for deciding…
A federal court in New York has dismissed with prejudice a shareholder suit against Chipotle Mexican Grill Inc., finding the plaintiffs were unable to allege that the company made “demonstrably false” statements about foodborne illness outbreaks linked to its restaurants. Ong v. Chipotle Mexican Grill, No. 16-0141 (S.D.N.Y., entered March 22, 2018). The plaintiffs alleged that Chipotle and three of its executives misled shareholders and the public in 2015 and 2016 statements after outbreaks of norovirus, E. coli and Salmonella were linked to its restaurants. In addition to finding Chipotle’s annual reports contained sufficient disclosures about its processes, the court found that the plaintiffs failed to adequately allege that executives who knew about the outbreaks' connection to Chipotle sold more than $214 million in stock because the stock sales occurred months before the outbreaks were linked to the company.
Two consumers have filed a lawsuit alleging that they contracted Salmonella from deli chicken salad they purchased at Fareway Stores Inc. Porter v. Fareway Stores Inc., No. 18-0050 (S.D. Iowa, filed February 20, 2018). The plaintiffs, a married couple, allege that the contaminated chicken salad sent them to an emergency room—with the wife requiring further hospitalization—and that they both tested positive for Salmonella. The complaint also states that Fareway chicken salad has been linked to “at least 28 confirmed and 66 probable cases of Salmonella” in Iowa by the state’s Department of Health, with reports of possible related illnesses in Nebraska and Minnesota. The U.S. Department of Agriculture’s Food Safety and Inspection Service issued a public health alert about the Iowa outbreak in February 2018. Alleging strict product liability, negligence and breach of warranty, the plaintiffs seek damages and attorney’s fees.
The Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture has denied a petition from the National Chicken Council seeking to waive the line speed limit of 140 birds per minute in processing plants. FSIS told the council that processors of young chicken are permitted to run at higher speeds if they were one of 20 participants in a New Poultry Inspection System pilot study operating under a Salmonella Initiative Program (SIP) waiver. During the pilot program, participants demonstrated that they could maintain process control at line speeds up to 175 birds per minute and were capable of "consistently producing safe, wholesome and unadulterated product" and "meeting pathogen reduction and other performance standards.” The agency's letter indicated that it would consider granting additional SIP waivers but would not grant waivers that would allow processors to operate without maximum line speeds.
One day after the U.S. Food and Drug Administration (FDA) issued draft guidance on proposals to expedite product warnings and recalls, FDA and other health officials testified before the House Subcommittee on Oversight and Investigations about the results of an audit faulting the agency for the failure of the recall process to ensure food safety. Conducted by the Office of Inspector General of the Department of Health and Human Services, the audit identified a two-month average delay between when FDA notified companies of issues and when companies took action. During the hearing, Rep. Greg Walden (R-Ore.) reportedly displayed a snack container he had brought to a 2009 hearing on a nationwide Salmonella outbreak traced to products manufactured by the Peanut Corp. of America (PCA). PCA executives are serving federal prison terms for their roles in the outbreak, and a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit…
Cookie Do Inc., which sells raw cookie dough desserts, allegedly caused consumers to feel gastrointestinal pain after they ate the products, which are advertised as “ready to eat,” with “NO chance of salmonella” and “NO chance of food-borne illness.” Canigiani v. Cookie Do, Inc., No. 17-7182 (S.D.N.Y., filed September 21, 2017). The complaint cites Yelp posts to argue that other consumers experienced similar symptoms and illnesses. Claiming violations of New York consumer-protection laws, fraudulent concealment, fraudulent inducement, negligent misrepresentation and unjust enrichment, the plaintiffs seek class certification, damages, injunctive relief and attorney’s fees.