Cheese Maker Seeks to Recover Losses for Foul-Tasting Product

A Minnesota company that produces cheese has filed a complaint in federal court against an ingredients and flavorings company, alleging that it supplied a flavoring ingredient with phenolic compounds that “caused the cheese in which it was used to have a taste repugnant to certain of the customers who consumed the cheese.” Bongards’ Creameries v. Kerry Ingredients & Flavours, No. 10-2058 (D. Minn., filed May 14, 2010). According to the complaint, flavoring company representatives agreed that the cheese contained unacceptable levels of “off” flavors but refused to pay the cheese maker’s losses in excess of $1.3 million associated with the recall of 800,000 pounds of “contaminated cheese.” Alleging breach of implied warranties of merchantability and fitness for a particular purpose and breach of contract, the plaintiff seeks compensatory damages, attorney’s fees and costs.