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An Unappetizing Product Liability Case

An Unappetizing Product Liability Case—What Type of Food is Recalled?

The Food Safety and Inspection Service is a public health agency of the U.S. Department of Agriculture. Its purpose is to make sure that nation's commercial supply of meat, poultry, and egg products is safe. Along with the FDA, the organization that monitors biotechnology, ingredients, packaging and labeling, these are the two most important organizations for food evaluation in the country.

Whenever there is a food recall, these organizations are the ones that make the announcement. However, a product liability lawsuit may precede an official food recall. What type of food is recalled? Any food that has been proven to be defective, as in poisonous or unsafe for its intended audience, can be recalled either by the FDA or by the manufacturer. There may be problems in the manufacturing process, in the ingredients of the product or in the marketing. Such as accidentally marketing an adult supplement to children.

According to Food Consumer, Americans may expect too much out of a well-meaning organization. A doctoral student in food sciences at Kansas State said, “We as Americans tend to expect more from regulatory agencies than we should, so we set ourselves up for disappointment…Occasionally, regulatory agencies may create unrealistic expectations by the way they communicate with the public.” He went on to say that foods are not automatically recalled just because of a report of someone getting sick. There is far more testing involved.

Nevertheless, just because a company hasn’t declared a food recall, doesn’t leave you without certain rights. You still have the right to bring a product liability lawsuit against a food manufacturer if you or a family member gets severely injured or dies because of food-borne illness and negligence on the part of the manufacturer.

As you can see from FSIS, there are a number of food recall types that are listed. Due to the high number of products released on the market, and the millions of different circumstances that can lead to sudden illness, you will notice only products that have been repeatedly tested or have unique circumstances are officially recalled. You will notice several food recall types that were recalled for undeclared allergens, the possibility of the E. coli virus, meats harvested without inspection, mislabeling, under-processing and undeclared ingredients.

Everyone occasionally gets sick after a questionable meal. However, you should never underestimate the threat of food-related illness and death in this country. The Centers for Disease Control and Prevention speculates that food-borne disease account for 76 million illnesses, 325,000 hospitalizations and 5,000 deaths in the United States each year.

If you have been critically injured by a food recall or by a food that hasn’t officially been recalled, then talk to your doctor about the specifics of your case. Get a copy of all medical records that prove the illness was food-related. The food manufacturer, supplier or chain store could hold product liability.

If you need help moving forward with a food recall type lawsuit, or have questions about a food recall product you have eaten, contact the Rasansky Law Firm at 1-877-405-4313. Let an experienced attorney help you win your case!

THE RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT
1-877-405-4313

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