Food Safety

Published on: April 8, 2016

Attorney Fails to Make Timely Objection, so Judgment in Product Liability Case Must Stand

Even when individuals have a valid claim, a lawyer’s missteps can have serious consequences for their clients. In a recent case, a judgment in favor of the defendant could not be revisited because the issue raised on appeal was not raised by the plaintiffs’ lawyer during the trial.

The Facts of the Case

A husband and wife filed a lawsuit against makers and distributors of microwave popcorn and butter flavoring. The husband ate microwave popcorn every day for 20 years. They alleged that the products caused him to develop the lung disease bronchiolitis obliterans.

At trial, the experts disagreed about what caused the husband’s sickness. Both the plaintiffs and the defendants had a number of expert witnesses who testified about his sickness and its likely cause. One of the defendant’s experts was a doctor who testified about articles that were not provided to the plaintiffs for review. The plaintiff’s lawyer objected, arguing that the witness could not testify about facts about which the plaintiffs did not have information. He argued that the plaintiffs could not adequately prepare for such testimony, and the testimony was unfair. The judge agreed, and the expert’s testimony was stricken. Accordingly, the judge instructed the jury to ignore the testimony they had heard from the expert. The trial continued, and the jury found in favor of the defendant.

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Published on: February 1, 2016

Lead-Tainted Cookies Lawsuit Settles for $750,000

By Moll Law Group

A lawsuit brought by the California Attorney General claiming that Nabisco Ginger Snap cookies contain nine times the amount of lead allowed according to California law has settled for $750,000. The California Attorney General, alongside 11 district attorneys, brought the action against parent company Mondelez International, originally part of Kraft Foods, in the County of Orange on January 21, seeking damages according to California’s Safe Drinking Water and Toxic Enforcement Act, also known as Proposition 65.

Lead poses serious risks to humans due to its properties as a neurotoxin. The ingestion of lead affects the central nervous system and can result in severe injuries like cancer, reproductive disabilities, birth defects, and even death. When children consume lead, they face even more serious symptoms and illnesses, including developmental delay, sluggishness, and vomiting. Adults who ingest lead over a sustained period of time commonly exhibit symptoms like memory loss, abdominal pain, mood changes, and high blood pressure.

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Published on: January 15, 2016

FDA’s Final Warning Letter of 2015 Targets Seafood Processing Facility

By Moll Law Group

Food safety has become a major issue and subject of public concern recently, with widespread foodborne illness outbreaks hitting the headlines on a regular basis. In its final warning letter of 2015, the U.S. Food and Drug Administration (“FDA”) has issued a warning to Edo Sushi Express, a seafood processing company, claiming that it found “serious violations” of the Hazard Analysis and Critical Control Point (“HACCP”) standards applicable to seafood.

HACCP is a system designed to ensure food safety is addressed throughout the food production chain. It requires the analysis and control of certain physical, chemical, and biological hazards associated with turning raw materials into final products intended for human consumption. When it comes to seafood, pathogens and parasites present particular risks.

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Published on: December 14, 2015

When Food Poisoning Strikes, Compensation May Be Available

By Moll Law Group

When families go out to eat, whether for Sunday brunch or a birthday dinner, they expect their food to not only taste good but also be safely prepared. This is true for the fanciest restaurants as well as the fast food restaurant on the corner. It is also true for food purchased at the grocery store or served via home delivery.

Unfortunately, however, food is not always as safe as it should be. Sometimes this results in an upset stomach that resolves itself after a couple of days and that a customer may not even attribute to food he or she recently ate. But sometimes food poisoning can cause serious health problems or even death.

One of the more common and well known sources of food contamination is the E. coli bacteria, which lives in the intestines of certain animals. The most common symptoms of E. coli are diarrhea, abdominal cramping, nausea, and vomiting. In more serious cases, kidney failure may occur. This most commonly occurs in children and those with compromised immune systems, like the elderly.

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Published on: December 4, 2015

Multiple Foodborne Illness Outbreaks Hit the United States

By Moll Law Group

Food producers have a duty to ensure that the food products they provide to the public are free of contamination and safe for human consumption. Recently, the U.S. Food and Drug Administration has adopted a new set of rules and regulations designed to improve safety controls and prevent harmful and even deadly foodborne illness outbreaks from making people sick.

When a producer or company fails to safely prepare or process food products, and a consumer becomes sick as a result, the producer may be strictly liable for the consumer’s damages. The most difficult aspect of a food contamination case is proving causation. Most of us eat a wide variety of foods and products throughout the day, or even week, and many people fail to remember exactly what they consumed, or where and when they consumed it.

When an outbreak occurs, state public health officials and the national Centers for Disease Control (CDC) typically get involved to help trace the particular strain that caused the illness back to a specific source, like a restaurant, factory, or farm. In many cases, the reports and evidence created during these investigations can be used to show causation in a lawsuit.

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Published on: November 26, 2015

A Wyoming Restaurant Seeks to Set Aside $11.3 Million Default Judgment in Salmonella Poisoning Case

By Moll Law Group

A Wyoming federal court recently awarded over $11 million to a Nebraska plaintiff who sustained injuries after contracting salmonella poisoning at a Wyoming-based restaurant location. Although the plaintiff has recovered from many of the initial symptoms and illnesses of the salmonella poisoning, he continues to suffer devastating and long-lasting side effects, including vomiting, balance and coordination issues, and a number of cognitive and psychological harms.

One of the most unique aspects of this case is that the plaintiff obtained the judgment through a default judgment. A default judgment occurs when one party fails to take action, such as when a defendant ignores a summons to appear before court or respond to a pleading against it.

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Published on: November 25, 2015

FDA Releases New Food Safety Rules for Produce to Reduce Foodborne Illnesses and Contamination

By Moll Law Group

The U.S. Food and Drug Administration has released its final version of a new set of rules that will change the way food safety must be addressed in produce production. Known as the Standards for the Growing, Harvesting, Picking, and Holding of Produce for Human Consumption, the agency began working on the rules back in January 2013.

Overall, the final set of rules establishes six new parameters designed to reduce the risk of negative health effects and foodborne illnesses that can occur when produce is contaminated or contains biological hazards. The six areas of focus are:

Water used in agriculture,
Biological soil amendments,
Domesticated and wild animals,
Sprouts,
Worker training through health and hygiene, and
Equipment, tools, and buildings.

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Published on: November 23, 2015

Class Action Filed Against McDonald’s After Employee Determined to be Infected with Hepatitis A

By Moll Law Group

A recent class action lawsuit has been filed against international fast food restaurant McDonald’s after reports surfaced indicating that at least 1,000 customers were exposed to the hepatitis A virus at one of the defendant’s restaurants. In general, HAV is a virus or infection that can lead to liver disease and liver inflammation. It can also cause severe flu-like symptoms, including fevers. If untreated, HAV can lead to jaundice and other severe complications.

On November 13, 2015, the New York State Department of Health, in collaboration with the Seneca County Health Department, issued an announcement stating that any customers who visited McDonalds’ restaurants in the area between October 31, 2015 and November 8, 2015 may have been exposed to the Hepatitis A Virus (“HAV”) through a McDonald’s employee. According to the announcement, any individuals who patronized the restaurant during that period and either consumed food or drink could have contracted the contagious disease.

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