A Texas man alleges the tortilla chips provided for his food
demonstrations were rancid and adulterated with a salt shaker
and a dirty napkin, threatening his business relationships and
causing him emotional distress. Henry’s Dream Distrib. v. El
Matador Foods, No. 2017-46884 (Tex. Dist. Ct., Harris Cty., filed
July 14, 2017). The plaintiff asserts that in two separate incidents
related to tortilla chips he purchased from El Matador Foods, a
salt shaker rolled out of a bag at a sales demonstration and a dirty
napkin was found in a bag that held rancid chips. According to the
complaint, the plaintiff suffered a stroke after the second event.
Claiming breach of contract, negligence, breach of warranty,
negligent misrepresentation and violations of Texas consumer protection
law, the plaintiff seeks damages and attorney’s fees.

 

Issue 641

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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