Food Products and Packaging and Product Liability

Defective food products can be more dangerous than other product defects. Consumers can inadvertently give contaminated food to their children and family members. This can cause food poisoning, allergic reactions, or more serious injuries. When food companies fail to make sure their food products are safe, injured consumers can take legal action.

You can file a product liability claim for defective food product injuries. You can also report food contamination to regulatory agencies, like the FDA or USDA. For more information about your legal rights, talk to a food product liability lawyer.

Common Issues With Food Products and Packaging

A lot of the food we buy at grocery stores comes from halfway across the country, packaged in large factories. Consumers don’t know where food products come from, how they are treated, or who is involved in packaging. You have to trust the food industry and believe that the food sold in grocery stores is safe.

Unfortunately, common product liability defects make food items unsafe for you and your family. Common issues with food products and packaging include:

• Failure to follow sanitation practices
• Fast food workers not washing their hands
• Sick employees working with food
• Rodent and pest infestations
• Lack of training and supervision
• Lack of quality control in food packaging facilities
• Keeping foods at dangerous temperatures

Common Causes of Food Poisoning

The most common causes of food poisoning involve bacteria and viruses in contaminated food. Some of the most dangerous food poisoning cases involve:

• E. coli (including from undercooked or raw dairy, meat, or produce)
• Listeria (including from raw dairy, produce, and meats)
• Norovirus (including from produce, shellfish, or ready-to-eat food products)
• Salmonella (including from produce, eggs, chicken, beef, and nuts)
• Clostridium perfringens (including from beef, poultry, and foods not stored at the right temperatures)
• Campylobacter (including from poultry, shellfish, and raw milk)

For most people, the symptoms of common food poisoning include vomiting, diarrhea, stomach pain, and fever. It can be more serious for young children, older adults, and people with compromised health. Talk to your healthcare provider about suspected food poisoning and when you should seek medical care.

Reporting Contaminated or Defective Food

If you have food poisoning or suspect food product safety issues, you can report the problem to help others avoid unnecessary injury. If you have medical concerns or an allergic reaction, seek medical care immediately. You can also contact your local health department to report what happened.

If you think you purchased a contaminated food product, report it to the FDA or USDA. For meat, poultry, and egg products, report the problem to the USDA online or by phone at 1-888-674-6854. For problems with other food products, contact the FDA at 1-888-723-3366 or online through the FDA Safety Reporting Portal.

Food Safety Standards and Regulations

Food safety standards fall under federal and state laws. States can have stricter consumer protection and food safety laws than federal standards. Counties and cities also regulate certain aspects of food safety.

The Food and Drug Administration (FDA) regulates most food products. Regulated food products include dairy, produce, supplements, and infant formula. The Department of Agriculture (USDA) regulates other meat, poultry, and egg products. This includes food safety and labeling, as well as safe handling and storage practices.

Ensuring Your Safety During a Recall

When there are food safety violations, the FDA can recall dangerous food products. Food safety recalls can involve contamination with bacteria, viruses, or parasites. Other food products could have foreign objects, like broken glass or metal fragments. Defective food labeling could fail to list allergens for people with shellfish or peanut allergies.

You can find out about current recalls and safety alerts from the FDA’s food safety alert page. These alerts provide information about the following:

• Product recall date
• Brand name
• Food product and product type
• Reason for recall

The alerts include information about where the products were sold, potential risks, and action to take if you purchased a defective product.

What To Do If Harmed by a Defective Food Product

Food companies are liable if their defective food products cause serious injuries. You can file a product liability claim to get compensation for your losses. In a product liability lawsuit, you can get damages from any party in the supply chain. In a food defect claim, you can sue food manufacturers, distributors, and retailers.

There is strict liability for defective food injuries in product liability cases. You don’t have to show any one party caused the contamination. Product liability laws protect you if they sell you a defective product that causes injuries. Possible types of food item liability defects include:

• Design defects
• Manufacturing defects
• Failure to warn about defects

For example, a defective design involves packaging that exposes the food to outside contamination. Manufacturing process defects include failure to follow sanitation practices which lead to bacterial contamination. Failure to warn about defects includes not listing serious allergens on the food labels.

Seeking Legal Compensation for Defective Food Packaging

In a product liability lawsuit, the injury victim and his or her family can get compensation for their losses. Damages in a personal injury claim include:

• Medical expenses
• Lost income
• Pain and suffering
• Property damage

There is a limited amount of time to file a lawsuit against the food companies for foodborne illness injuries. Talk to a local product liability lawyer about your legal options to make sure you file your case in time. Food product liability laws are different in every state. For more information about your legal rights, talk to a food product liability lawyer.