Illinois Plaintiff Files Personal Injury Action Against Ocean Spray

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.