Product Liability
Contaminated food and mislabeled supplements are product defect cases
An adulterated product and an undeclared allergen are both defects, and the company that put it into commerce is answerable for what it did to you.
About recalled food and supplements claims
Food and dietary supplements are products, and California applies the same strict liability framework to them as it does to machinery. A pathogen introduced during processing, a foreign object in a sealed package or a contaminated ingredient lot is a manufacturing defect. An undeclared allergen, a stimulant or pharmaceutical compound that is not on the label, or dosing instructions that do not reflect a known risk is a failure to warn. Breach of the implied warranty of merchantability applies as well, because the product was not fit for the ordinary purpose of being consumed.
Proof in these cases is largely documentary and scientific. Illness clusters are traced through genomic sequencing that can tie a patient isolate to a specific production facility, and regulators publish traceback findings. Supplement cases often turn on independent laboratory testing of the retained product, because the label and the contents are frequently not the same thing. That is also why keeping the packaging, the lot code and any remaining product matters so much.
A recall is useful evidence and it is not a prerequisite. Many claims proceed where no recall was ever issued, and a recall by itself does not establish that a particular illness came from that product. Both directions have to be proven with facts specific to the person who was injured.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Salmonella, listeria, E. coli and campylobacter infection
- Hemolytic uremic syndrome and lasting kidney damage
- Miscarriage and neonatal harm from listeria exposure in pregnancy
- Anaphylaxis and airway injury from an undeclared allergen
- Liver injury, cardiac events and stroke linked to an undisclosed ingredient
- Perforation and internal injury from a foreign object in packaged food
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The manufacturer, processor or co-packer that produced the product
- The grower, supplier or ingredient importer whose lot was contaminated
- The private label brand owner whose name is on the package
- The distributor, grocer, restaurant or online seller that sold it
- A laboratory or certifier that verified a specification the product did not meet
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- The remaining product, its packaging, the lot code and the receipt
- Medical records including stool, blood or tissue culture and sequencing results
- Public health interview records and any regulatory traceback findings
- Recall notices, inspection reports and the company’s own testing records
- Independent laboratory analysis of the retained product or supplement
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Recalled Food and Supplements: common questions
Injured by food & supplements? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.