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Food and Supplements Law
Food safety is an increasingly serious problem and food poisoning has reached epidemic proportions in the US. From a manufacturer's or retailer's negligence to bad sanitation practices to chemical contamination, food poisoning lawsuits are increasing. Food poisoning law covers poisoning, recalls, false advertising, allergies and more. Food supplements, also called dietary supplements and health supplements, are classified under foods rather than drugs. Dietary supplement law mainly deals with dangerous side effects, marketing problems and false advertising.
Food Law, Supplement Law and Dietary Supplement Law can include food poisoning cases, food product recalls, food allergies, false advertising or labeling, vitamins or supplements problems. Dietary supplements and weight loss pills can be very dangerous because manufacturers and distributors do not need FDA approval to sell their supplements. FDA regulates dietary supplements under the Dietary Supplement Health and Education Act of 1994 (DSHEA).
Foodborne Illness/Food Poisoning
In 2005, the Centers for Disease Control and Prevention (CDC) estimated that 76 million cases—or one out of every four Americans—of foodborne disease occur each year in the US, including 325,000 hospitalizations and 5,000 deaths. Many food poisoning outbreaks result in food poisoning lawsuits against the manufacturers and vendors of tainted food products.
 Older adults, young children, and those who have weakened immune systems are particularly vulnerable to foodborne illness. Otherwise healthy individuals are also at risk if the contamination is severe or especially pathogenic. In a nutshell, anyone who eats contaminated food is at risk of serious illness and even death in a severe case of food poisoning. Symptoms of food borne illness vary by disease but with bacterial or viral infections the most common side symptoms are nausea, vomiting, abdominal cramps, and diarrhea.
More than 250 different food borne diseases have been identified to date - not inclusive of chemical agents. Most of these diseases are infections caused by a variety of bacteria, viruses, and parasites. E. Coli, Salmonella, and C. perfringens, represent some of the most common causes of foodborne illness.
Foods can become contaminated with bacteria and viruses due to careless sanitation practices which can usually be avoided with simple preventative measures such as food handlers washing their hands before, during and after food preparation. Improperly packaged food stored at the wrong temperature also promotes contamination.
Foods that are contaminated with poisonous chemicals or harmful substances can also cause serious illness. Food poisoning with a toxic chemical will usually show severe symptoms very quickly, as will food allergies.
The FDA website has listed hundreds of voluntary nationwide recalls of products, from fresh vegetables to peanut butter to dog food.
Food Poisoning Law
Food poisoning lawsuits typically fall under the category of defective product liability claims because you have been sold a defective product (food) that injured (poisoned) you.
 Many states have adopted stringent product liability laws, which means that you do not need to prove that the manufacturer or supplier of a contaminated food product was not sufficiently careful in making or distributing that product—which is to your advantage. You just have to show that the food product you ate was contaminated and that the contamination was the cause of your illness.
In addition to a claim based on strict products liability, you may be able to argue that the defendants in your case acted negligently in manufacturing or supplying the contaminated food product that caused your illness. In order to prove negligence, you must show that the defendants were not reasonably careful (called "failing to exercise reasonable care") in making or distributing the contaminated food product.
Most every state has certain minimum standards on products (known as "implied warranties"), and the contamination of the food product involved in your case may constitute a violation (called "breach,") of those implied warranties. As well, the contamination may also constitute a violation of any express guarantees supplied by the food processor (such as a "triple-washed" label on a pre-prepared salad pack).
To prove your claim, you generally have to show that the food you ate was contaminated and the contamination made you sick. Be aware that the statute of limitations varies: a lawyer can help determine the laws of the state where you are filing a claim.
If you have suffered food poisoning from a food outbreak, such as that caused by the ConAgra recall or the Peanut Corporation of America recall, you may have the option of joining a class action lawsuit. Alternatively, you can bring about your own lawsuit.
Food Safety Act
In July 2009, the House of Representatives passed the Food Safety Enhancement Act of 2009, which is meant to improve the safety of food by giving the FDA greater regulatory powers over the national food supply and food providers. Its goal is to prevent food-borne illnesses and ensure food safety.
The Act would increase the frequency of FDA inspections of food processing plants, expand the FDA's traceback capabilities when outbreaks do occur, give the FDA mandatory recall authority, and require food facilities to have safety plans in place to avoid any hazards.
Dietary Supplement Law
Dietary supplements, also known as health supplements, can include vitamins, minerals and more. The Dietary Supplement Health and Education Act (1994) defines a dietary supplement as a product that, when ingested, is meant to supplement your diet. The product must be labeled a "dietary supplement" and cannot be marketed as food to be consumed as a complete meal. It must be intended for consumption by mouth in the form of a pill, capsule, liquid or powder, and it must contain one or more dietary ingredients such as a vitamin, herb, mineral, amino acid, etc.
 Serious food/diet supplement side effects, including heart, kidney and liver damage—and numerous deaths—have resulted in a number of supplement lawsuits that are attributed to supplement use. Some of those supplements have been removed from the market, but other products are introduced daily.
The main problem with dietary supplements is that the manufacturer determines what mixtures of supplements can be used, how much of each supplement is added and what is an acceptable, safe amount for consumers. Some products can contain a combination of ingredients that differ from the original supplement. Inadequate labeling and false advertising is another major issue.
Recent supplement lawsuits have targeted 'false and misleading' supplement ads. For instance, Oprah Winfrey and Dr. Mehmet Oz filed a federal trademark infringement suit against 40 manufacturers and marketers of dietary supplements, alleging their names were used without permission in order to sell products.
The Federal Trade Commission (FTC) regulates advertising for dietary supplements sold to consumers. Advertising and promotional material received in the mail are also regulated under different laws and are subject to regulation by the U.S. Postal Inspection Service.
A food poisoning lawsuit or dietary supplement lawsuit may claim compensation for the following:
- Significant medical bills
- Rehabilitation costs
- Lost work time
- Lost income
- Funeral and burial costs after a fatality
- Loss of a relationship with a parent, spouse or child
- Loss of financial support
- Out-of-pocket expenses
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FOOD/SUPPLEMENTS HOT ISSUES
Foodborne Illness alleging poisoning from food causing illness.
FOOD/SUPPLEMENTS ARTICLES AND INTERVIEWS
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New York Firm Recalls Various Chicken Products
Washington, DC: NY Gourmet Salads Inc, of New York, is recalling an undetermined amount of various chicken products because the products were produced without the benefit of federal inspection..
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Ready To Eat Beef Product Recalled due to Possible Salmonella Contamination
Washington, DC: Ruiz Foods Inc, is recalling approximately 115,700 pounds of a ready-to-eat (RTE) beef product that may be contaminated with Salmonella. The packages of beef product contain as an ingredient the specific Hydrolyzed Vegetable Protein (HVP), which was previously recalled, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today..
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Ready To Eat Beef Taquito and Chicken Quesadilla Products Recalled for Possible Salmonella
Washington, DC: Windsor Foods is recalling approximately 1.7 million pounds of ready-to-eat (RTE) beef taquito and chicken quesadilla products that may be contaminated with Salmonella. The packages of beef taquito and chicken quesadilla products contain as an ingredient the specific Hydrolyzed Vegetable Protein (HVP), which was previously recalled, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today..
FOOD/SUPPLEMENTS EMERGING ISSUES
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FOOD/SUPPLEMENTS SETTLEMENTS
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Food/Supplements Legal Help
If you think you have suffered a serious harmful effect or illness from a food product
or dietary supplement, the first thing you should do is contact or see your healthcare provider. It is important to get a stool sample right away and if you still have the food or source that you suspect caused the illness, store it in your refrigerator—do not return it to the place where it was purchased. Cooperate with local, state, or federal investigators, in part to provide further confirmation of the illness as food poisoning. And if a government health agency has linked a particular food you ate to an outbreak of food poisoning, it can probably help your claim.
If you or a loved one thinks that you might have a foodborne illness claim, you should seek an experienced attorney familiar with Food poisoning law, Supplement Law, nutrition law, and/or dietary supplement law.
Updated on Jan-8-10
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