FRESNO, Calif. — A South Carolina law firm announced on Friday that it is suing a major company following a sizable recall of various food products it markets.
A spokesperson for Poulin, Willey, Anastopoulo, LLC. announced on Friday that it was filing a class action lawsuit against Lyons Magnus, a company that just days earlier recalled 53 products over potential bacterial contamination.
According to the Food and Drug Administration (FDA), the Fresno, California-based company had voluntarily recalled products due to its potential exposure to Cronobacter sakazakii - also known simply as Cronobacter - as well as other organisms.
While Cronobacter infection is considered rare, symptoms can be significant and include fever, vomiting, and urinary tract infections - particularly in the extremely young, the elderly, and those with compromised immune systems.
In particular, the Centers for Disease Control and Prevention warns that Cronobacter infections can even be deadly in infants. However, the FDA reports none of the 53 products were made specifically for children in this age range.
The lawsuit was filed in the U.S. District Court of the Eastern District of California on Wednesday and claims that the potential bacterial contamination is the result of Lyons Magnus' "negligent failure to ensure the quality of their products."
The lawsuit goes on to say that the company knew or should have known that its various products either contained harmful bacteria, were at risk of being contaminated, or were not tested sufficiently for the presence of Cronobacter.
In all, the lawsuit claims that Lyons Magnus committed a breach of express warranty, breach of implied warranty of merchantability, fraudulent misrepresentation, fraud by omission, negligence, unjust enrichment, violation of the California Consumers Legal Remedies Act, and is liable for punitive damages.
While the lawsuit doesn't name a specific monetary request, it does intend to have those who are members of the class action suit to be compensated in an amount determined through a jury trial. It also aims to stop Lyons Magnus from selling its impacted products until the problem is either corrected or sufficient warnings are included on the products and in advertising.
