A company that sells a variety of seafood spreads has sued one of its packers,
which allegedly added undeclared eggs to the company’s smoked salmon
spread. Sau-Sea Foods, Inc. v. Lukas Foods, Inc., No. 11-00104 (D.
Me., filed March 23, 2011). The plaintiff apparently learned about the problem
after the Food and Drug Administration (FDA) inspected the defendant’s
facility and discovered that eggs had been used in the spread, thus “posing
a potential health hazard.” A recall was immediately undertaken and widely
reported in the media. Thereafter, FDA allegedly informed the plaintiff that
its salmon spread “posed an acute, life-threatening hazard to health” and
designated the recall as Class I.

Alleging breach of contract, breach of express and implied warranties, negligence, unjust enrichment, breach of implied contract, and negligent misrepresentation, Sau-Sea Foods seeks damages, interest, costs, and attorney’s fees. While the company alleges damages exceeding the $75,000 jurisdictional minimum, it does not otherwise quantify its losses, which allegedly include “loss of revenues, loss of profits, injury to reputation, and loss of goodwill.”

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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.