A favorite aisle for many at our local supermarkets is the frozen food section. The frozen food section is notorious for people’s favorite snack foods like ice cream and frozen pizzas but also provides reliable staple foods like frozen vegetables so that people can have healthy foods with a long shelf life. However, even though frozen foods are not the same as the fresh picked fruits and vegetables of the produce section, stores and manufacturers still have a legal duty of care to provide safe goods to consumers.
A recent news release distributed by Ateeco, Inc., Mrs. T’s parent company, announced that Mrs. T’s Pierogies has issued a recall due to plastic contamination in the food. After a Quality Assurance check, plastic was found in the filling of the product. The product at issue, the 16-ounce tomato and basil variety, is recalled due to the plastic contamination which poses a choking hazard. These products were sold at various grocery stores in eight states, including Illinois. They contain “best by dates” of either 05/20/16 or 07/15/16.
Our lawyers believe that customers should be able to trust that the food they buy and eat should be safe for consumption. Unfortunately though, food is one of the most common categories of items arising under product recalls and product liability lawsuits. Under this area of law, it is the duty of a store and manufacturer to inspect their products for dangers, warn consumers of known dangers, and remove the dangerous items from the stream of commerce. Where unsafe products are available for purchase in the marketplace, this is evident of negligence and a breach of that duty of care owed to customers. If someone suffers injury or wrongful death as the result of this negligence and dangers that should have never existed in a product and made available to a customer, the injured party or family may file a product liability lawsuit to hold the wrongdoing and negligent parties accountable for their breach.