Killer cantaloupe lawsuits mount
The spate of illnesses caused by seemingly innocuous cantaloupes is becoming a serious issue. A listeria outbreak linked to the tainted fruit has reportedly accounted for 24 deaths and 112 illnesses in 25 states so far, and the number continues to grow.
October 11, 2011 at 09:46 AM
4 minute read
The original version of this story was published on Law.com
The spate of illnesses caused by seemingly innocuous cantaloupes is becoming a serious issue. A listeria outbreak linked to the tainted fruit has reportedly accounted for 24 deaths and 112 illnesses in 25 states so far, and the number continues to grow.
While it pales in comparison to the people affected by the poxy fruit, the number of lawsuits related to the cantaloupe recalls is rising at an almost equal rate. Reports indicate that at least six lawsuits have been filed so far, with two involving wrongful death claims.
At least one of the six lawsuits was filed against Jensen Farms, which is responsible for the Rocky Ford cantaloupes that the Food and Drug Administration (FDA) recalled on Sept. 14. The Rocky Farms cantaloupes sickened at least 22 people across seven states. The FDA's recall was expanded to include 594 pounds of Carol's Cuts cantaloupe on Sept. 23, which at the time was responsible for eight deaths and 55 illnesses.
But not every company is happy about the FDA's recent intervention. In late August, Del Monte Fresh Produce sued the FDA after it had stepped in to stop the import of cantaloupes from Guatemala because the FDA was concerned they may be tainted with salmonella. This case is significant because the threat of litigation could make the FDA hesitant to intervene when it has concerns over the safety of food going to market in the U.S.
In March, Del Monte issued a voluntary recall of some Guatemalan cantaloupes because they had the potential to be contaminated with salmonella. The company said the FDA's restriction of Guatemalan cantaloupes is not based on any scientific evidence the fruit is actually dangerous.
“Responsible government agencies must be careful to protect public confidence and not inflame public fears by making statements about the safety of a particular food product or producer without sufficient evidence or without conducting a reliable investigation,” Dennis Christou, a vice president at Del Monte, said in a statement.
The spate of illnesses caused by seemingly innocuous cantaloupes is becoming a serious issue. A listeria outbreak linked to the tainted fruit has reportedly accounted for 24 deaths and 112 illnesses in 25 states so far, and the number continues to grow.
While it pales in comparison to the people affected by the poxy fruit, the number of lawsuits related to the cantaloupe recalls is rising at an almost equal rate. Reports indicate that at least six lawsuits have been filed so far, with two involving wrongful death claims.
At least one of the six lawsuits was filed against Jensen Farms, which is responsible for the Rocky Ford cantaloupes that the Food and Drug Administration (FDA) recalled on Sept. 14. The Rocky Farms cantaloupes sickened at least 22 people across seven states. The FDA's recall was expanded to include 594 pounds of Carol's Cuts cantaloupe on Sept. 23, which at the time was responsible for eight deaths and 55 illnesses.
But not every company is happy about the FDA's recent intervention. In late August, Del Monte Fresh Produce sued the FDA after it had stepped in to stop the import of cantaloupes from Guatemala because the FDA was concerned they may be tainted with salmonella. This case is significant because the threat of litigation could make the FDA hesitant to intervene when it has concerns over the safety of food going to market in the U.S.
In March, Del Monte issued a voluntary recall of some Guatemalan cantaloupes because they had the potential to be contaminated with salmonella. The company said the FDA's restriction of Guatemalan cantaloupes is not based on any scientific evidence the fruit is actually dangerous.
“Responsible government agencies must be careful to protect public confidence and not inflame public fears by making statements about the safety of a particular food product or producer without sufficient evidence or without conducting a reliable investigation,” Dennis Christou, a vice president at Del Monte, said in a statement.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLululemon Faces Legal Fire Over Its DEI Program After Bias Complaints Surface
3 minute readOld Laws, New Tricks: Lawyers Using Patchwork of Creative Legal Theories to Target New Tech
Lawsuit Against Amazon Could Reshape E-Commerce Landscape
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250