Class Action Alleges Hazardous Preparation Instructions on Frozen Pot Pies

California residents have filed a putative class action against Pinnacle Foods Group, LLC in federal court, alleging that its frozen food products, if prepared as directed, will not “reach the ‘kill step’ temperature necessary to destroy dangerous bacteria.” Meaunrit v. The Pinnacle Foods Group, LLC, No. 09-4555 (N.D. Cal., filed September 28, 2009). They also claim that the company’s failure “to use appropriate quality control measures within its supply chain,” means that “almost every ingredient in these products is a potential carrier of pathogens, according to government and industry officials.” According to the complaint, “[s]ince there is no reasonable way to know whether Salmonella or other bacteria has [sic] been destroyed based on the design of these products, Plaintiffs and the class suffered harm due to Pinnacle’s conduct.”

The named plaintiffs seek to represent a class of either California or U.S. residents, who bought “pot pie products under the Swanson and Hungry Man brand names since January 1, 2008.” They allege unlawful and unfair business practices, violation of the Consumers Legal Remedies Act, breach of express and implied warranties, violation of the Magnuson-Moss Warranty Act, unjust enrichment, strict liability, and negligence. Remedies requested include declaratory relief, restitution, compensatory and exemplary damages, costs, and attorney’s fees.