Earlier this week Truitt Brothers Inc., a company that packages and manufactures numerous popular food products recalled nearly 2 million pounds of a Kraft Velveeta product. The product, called “Velveeta Cheesy Skillet,” did not properly inform buyers of a soy component. Soy is common food allergen that many people have serious reactions to, and it has been ordered by the Food Allergen Labeling and Consumer Protection Act that all foods containing it have it clearly stated on the label. The company is recalling all products of this name with an expiration date between March and October of 2014. Many retailers have spent this week pulling this product off the shelves. While nothing else is wrong with the product, this is a very serious issue that could have real repercussions.
This is an example of product liability, where a company is responsible for putting buyers of a certain product at unnecessary risk for injury, illness or death. In this case the responsibility of mislabeling the product would fall with Truitt Brothers Inc. as they were responsible for packaging the product. So what does a product recall do for Truitt Brothers Inc.? A product recall is aimed to warn the public and retailers of the defect in the product so that it is removed from the marketplace before anything bad occurs. In this case Truitt Brothers is looking to take the product of the market before anyone has an allergic reaction.
Can A Product Recall Hurt Your Product Liability Claim?
If you have been injured by a product that has been recalled do you no longer have a case for product liability? It may surprise you to hear that your case changes very little with or without a recall. The law prohibits the use of product recalls as evidence in cases brought against the responsible company so as not to dissuade them from issuing a recall when appropriate. As with the Cheesy Skillet, if someone has an allergic reaction before the product recall was issued there case against Truitt Brothers would stand completely strong. The company has admitted to the deficiency and claimed responsibility.
A soy allergy is one of the most common food allergies, especially among young children and babies. Soybeans are a common ingredient in many processed foods, like a “Velveeta Cheesy Skillet.” It is usually made apparent to a person early in their life that they have a soy allergy. Many children outgrow the allergy by the age of 10, although some adults do suffer from the allergy throughout their entire lives. Your child may be having an allergic reaction to soy if:
They complain of a tingling or itching mouth.
They experience swelling of the lips, throat or tongue.
They begin to have trouble breathing.
They experience severe abdominal pain.
Some people with asthma or additional allergies (like peanuts) are at risk for suffering a very severe and life-threatening reaction to soy and should seek emergency medical attention immediately.
If you ever believe yourself the victim of a harmful production mistake in a product you bought, call the McMinn Law Firm and get the representation you need.