Killer cantaloupe lawsuits mount

At least 24 deaths and 112 illnesses have been linked to the listeria-laced fruit so far

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.

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


Bring the Benefits of Decision Tree Analysis to Your Everyday...

In this on-demand webinar, learn how to counter the challenges of litigation with predictive analytics...

13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

Reducing the Costs of eDiscovery from Collection to Court!

Predictive coding is only one of many ways organizations can make eDiscovery faster, cheaper and...

Discovery Shifts to the Cloud

Adoption of Cloud computing continues to gain momentum. How can IT and Legal Teams avoid...

Lower Your Total Cost of Ownership

With the deployment of Proofpoint Enterprise Archive, organizations have realized significant cost savings in automating...

View All »

Advertisement. Closing in 15 seconds.