The area of law that addresses the issue of defective goods or products is called products liability. When a manufacturer sells a product that is defective because of faulty design, a production mistake or a labeling failure, a legal claim may be pursued if a person is injured by using the product. Similar reasoning clearly applies to food safety.
In 2010, repeated incidents were reported of people suffering from Listeria monocytogenes. The cause of the outbreak was eventually isolated to cantaloupe produced by a Colorado agricultural concern, Jenson Farms. By the end of the outbreak 147 people were sickened in a 28-state area and 33 people died, including the unborn child of a woman who miscarried after becoming ill.
Investigation of the Jenson Farm facility found the following problems:
- Flooring in the cantaloupe processing area was uneven and allowed for collection of water near stored cantaloupes, possibly leading to transmission of bacteria.
- Cantaloupes were not disinfected with a bleach solution prior to the shipping.
- Used farm equipment purchased just prior to the outbreak was old, corroded and not possible to sterilize.
- Trucking equipment used to move cantaloupe between Jenson Farms and other agricultural facilities was stored near produce, possibly cross-contaminating produce.
In an unusual move in August, Ryan and Eric Jenson, owners of Jenson Farms were charged with the introduction of adulterated food into the food supply, a federal offense. In October, both brothers pled guilty in a plea arrangement and have yet to be sentenced. Lawsuits against now-defunct Jenson Farms and their inspection agency continue.
From producer to table, food safety is essential in any country. If sickened by food you purchased or were served at a restaurant in Cincinnati, talk to a reputable injury attorney.