Posted on March 13, 2019 in General
Food manufacturers have a legal duty to make sure their products are reasonably safe for consumers. If something goes wrong and causes harm to consumers, the manufacturer must take responsibility for the consequences. Strict product liability laws hold product manufacturers and distributors liable for defective or dangerously designed products – whether they were guilty of negligence or not.
One of the most recent dangerous food products on the national recall list is a frozen food item from Boston Market. The “Boston Market Home Style Meals: Boneless Pork Rib-Shaped Patty with BBQ Sauce & Mashed Potato” may contain pieces of hard plastic or glass, according to the manufacturer, Bellisio Foods. Here is what you need to know if you believe you bought or consumed this product.
Why the Recall?
In February 2019, the United States Department of Agriculture (USDA) received multiple reports from consumers, who complained of glass or hard plastic materials located in the rib-shaped patties of Boston Market frozen dinners. The dangerous defect may have occurred because of a manufacturing error, although Bellisio Foods has yet to identify what went wrong. Although no confirmed injuries, deaths, or adverse reactions have arisen because of the defect, the USDA issued a Class 1 recall – the most serious class.
A Class 1 recall means that using the item poses a reasonable probability of causing serious adverse health consequences or death. The product involved in the recall is the 14 oz. frozen food package in a black cardboard box with the product name stated above. The manufacturer created all items in the recall from December 7th, 2018 to February 15th, 2019. They have expiration dates between 12/07/2019 and 02/15/2020. Lot codes 8341, 9004, 9024, and 9046 (present on the label) are currently unsafe to eat.
Remedies Available to Consumers
The USDA Food Safety and Inspection Services (FSIS) received a notice of the issue on February 22nd, 2019. FSIS believes some consumers may have the item still frozen in their freezers. If you have this frozen dinner, FSIS urges you not to eat it. FSIS instructs consumers to either throw the item away or return it to the place of purchase for a full refund. In the meantime, FSIS is taking steps to ensure marketplaces stop making this item available for purchase.
If you want more information about the recall, contact the Consumer Affairs Supervisor (Krista Cummings) at Bellisio Foods at (855) 871-9977. If you or a loved one already consumed the Boston Market frozen meal boneless rib-shaped patty, be on the lookout for signs of a health problem. Swallowing hard plastic or glass could cause complications such as the item getting stuck in your esophagus. If the person who ate the dinner experiences difficulty swallowing, gagging, vomiting, wheezing, shortness of breath, or coughing blood, see a doctor immediately. You or your loved one may need medical help to remove the foreign object.
Do You Have a Product Liability Claim?
In Florida, the elements required to file a product liability claim are the existence of a product defect, evidence that you were using the item as the manufacturer intended, and proof that the defective item caused your injuries. Bellisio Food and the USDA already acknowledge the existence of a hazardous defective in the Boston Market frozen food item. If it caused you or a loved one injury or adverse health effects, you may have a case against the manufacturer.
A product liability lawyer in Fort Lauderdale can help you file your injury claim. A lawyer can gather evidence such as your medical records, hospital bills, and the receipt of your Boston Market purchase. A lawyer can then bring your lawsuit or help you join a class action against Bellisio Foods for failure to prevent the defective food item from reaching consumers. A lawsuit could result in payment for your medical bills, lost wages, and pain and suffering.