Lawsuits are besieging the food industry. There are traditional claims by individuals who have been injured or made ill after ingesting food products. So, for example, on Sept. 5 an elderly woman sued Splendid Products, a distributor of Daniella-brand mangoes, in a Western District of Washington federal court alleging she became ill with salmonella after eating a mango produced in Mexico. Lab tests confirmed her salmonella serotype was the same as the serotype of a multistate salmonella outbreak traced to mangoes. Plaintiff asserts claims in strict liability, negligence and breach of express and implied warranties.1
Somewhat less traditional but still within the to-be-expected universe of food-related litigation is the so-called “popcorn lung” trial in which a Colorado federal jury, on Sept. 19, awarded a consumer of microwavable popcorn a $7.2 million verdict of which $5 million was for punitive damages.2 The plaintiff, Wayne Watson, developed a rare lung disease called bronchiolitis obliterans after eating two to three bags of microwaved popcorn daily for a period of seven years. A flavoring ingredient, diacetyl, allegedly was the culprit causing the consumer’s “popcorn lung” disease, an illness mostly found in workers at popcorn plants where the flavoring liquid is added to the popcorn. The jury found defendants liable for negligence, failure to warn and violations of a deceptive trade practice law. An appeal is likely.
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