Carrot Producer Sues over Failure of Sanitizer Product

Alleging damages in excess of $50 million, a company that processes and sells baby carrots, along with its liability insurers, has sued the maker of a product that was promised to increase vegetable shelf-life, alleging that carrots treated with the sanitizer “suffered elevated yeast growth and severely premature spoilage as compared to [plaintiff’s] historical experience and carrots processed using chlorine dioxide at the same time.” Wm. Bolthouse Farms, Inc. v. Ecolab, Inc., No. 10-01005 (E.D. Cal., filed December 9, 2010).

The product at issue is “Tsunami 100,” which the defendant apparently began
marketing to the plaintiff in 2007 as a replacement sanitizer, claiming that
its higher price was justified by superior performance. According to the
complaint, the defendant “never warned Bolthouse that there was any risk that Tsunami 100 would actually decrease the shelf life of the carrots being
processed.”

Claiming that the scientific literature made it clear that the product’s
peroxyacetic acid did not work as promoted, the plaintiff alleges that it used
Tsunami 100 in one of its processing lines beginning in 2009, according to the
defendant’s specifications and instructions and quickly received customer
complaints about abnormal decomposition and unpleasant “perfume” or
“chemical” odors. Conventionally processed carrots allegedly had a 28-day
shelf life, while Tsunami 100 treated carrots “spoiled after 12 days.” Alleging
breach of express warranty and implied warranty of fitness for a particular
purpose, actual fraud, negligent misrepresentation, negligent performance
of services, strict liability, and negligent design, the plaintiffs seek damages
of not less than $20 million, lost profits of not less than $30 million, punitive
damages, interest, costs, and attorney’s fees.