Growing Concerns Over Food Contamination in 2024 Lead to a Surge in Lawsuits
In recent years, the issue of food recalls has become a significant concern for millions of Americans. A recent survey conducted by Gallup between July 1 and July 21, 2024, revealed that 37 percent of respondents had discarded or returned food due to product recalls or food safety advisories in the past year. Even more concerning, 53 percent of respondents said they actively avoided buying specific food brands or types following a recall or advisory. This widespread anxiety over food safety has led to an increase in food-related lawsuits, as consumers demand accountability and compensation for the risks posed by contaminated or unsafe products.
The increasing number of food recalls has been driven by several factors, including undeclared allergens, harmful pathogens such as listeria and salmonella, and the presence of foreign objects in food products. In 2024 alone, recalls related to listeria outbreaks from a Boar’s Head factory in Virginia resulted in the deaths of nine individuals and the hospitalization of dozens more. Such incidents have contributed to a growing sense of unease regarding the U.S. food supply, with confidence in the ability of federal agencies like the Food and Drug Administration (FDA) and the Food Safety and Inspection Service (FSIS) to safeguard the food supply reaching new lows.
Gallup’s survey found that only 57 percent of American adults now have “a great deal” or “fair” amount of confidence in the government’s ability to ensure food safety. This marks a 23-point decline in confidence since 2006, when 80 percent of respondents expressed faith in the U.S. government’s ability to maintain food safety. The trend has been downward since the salmonella outbreak of 2007, which sickened thousands and began to erode trust in the food safety systems.
The FDA, in response to these concerns, has acknowledged that building consumer confidence in the food supply is an ongoing challenge. An FDA spokesperson highlighted efforts to implement more efficient and effective food safety systems, as well as the reorganization of the Human Foods Program, which aims to enhance regulatory oversight. However, the increasing frequency of recalls—up by 20 percent between 2020 and 2023—continues to highlight systemic vulnerabilities in the supply chain. According to regulatory compliance company Traceone, California, New York, and Pennsylvania have been the states most affected by recalls in recent years, with nearly 40 percent of recalls impacting California residents alone.
Harm Caused by Recalled Food Products
Food recalls can lead to serious health complications, particularly for vulnerable populations such as young children, the elderly, and individuals with compromised immune systems. The risks posed by food contamination are substantial, and victims often suffer a range of injuries. These injuries can include severe foodborne illnesses, such as salmonella and E. coli infections, which can result in prolonged hospital stays, permanent organ damage, and, in some cases, death. The listeria outbreak linked to Boar’s Head is a tragic example of how food contamination can quickly turn deadly, affecting those who consume contaminated products before the recall is widely communicated.
Beyond the immediate health risks, food recalls can cause long-term complications for victims. Many people who have suffered from foodborne illnesses experience lasting effects, including chronic gastrointestinal issues, weakened immune systems, and mental health challenges due to the trauma of severe illness. Some victims may require ongoing medical treatment, which can lead to mounting medical bills and lost wages due to time away from work.
Filing a Lawsuit for Food-Related Injuries
For individuals harmed by contaminated or unsafe food products, filing a product liability lawsuit may be an option for seeking compensation. The process of filing such a lawsuit typically begins with identifying the responsible parties, which can include food manufacturers, distributors, and retailers. A key aspect of any food contamination case is proving that the product in question was defective or unsafe at the time of sale, and that the defect directly caused the plaintiff’s injuries or illness.
The lawsuit process generally involves gathering evidence, including medical records, proof of purchase, and documentation of the recall or safety advisory. Plaintiffs must also demonstrate the extent of their damages, which can include medical expenses, lost income, pain and suffering, and, in some cases, punitive damages. Given the complexity of food contamination cases, working with an attorney who is experienced in product liability law is essential. An attorney can help guide the victim through the legal process, ensuring that all necessary evidence is collected and that the case is presented in a way that maximizes the chances of a favorable outcome.
Why Legal Representation Is Critical
Navigating the legal landscape of a product liability lawsuit can be overwhelming for victims, particularly when dealing with the physical and emotional toll of foodborne illness. Having an attorney handle the legal aspects of the case allows victims to focus on their recovery while ensuring that their rights are protected. A skilled attorney can also help victims avoid common pitfalls, such as missing filing deadlines or failing to properly document their damages.
In addition to building a strong case, an attorney can negotiate with the defendant’s insurance company or legal team on behalf of the victim. Many product liability cases are settled out of court, but reaching a fair settlement often requires an experienced negotiator who can advocate for the full value of the victim’s losses.
If a settlement cannot be reached, the case may go to trial, where a jury will determine whether the defendant is liable for the plaintiff’s injuries and, if so, how much compensation should be awarded. A knowledgeable attorney will be essential during this stage, as they can present the evidence in a compelling way and argue for the maximum possible compensation.
Potential Damages in a Food Recall Lawsuit
Victims of foodborne illness and other injuries related to contaminated food products may be entitled to various types of compensation. Economic damages typically include the cost of medical treatment, both past and future, as well as any lost income due to time off work. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be awarded. In cases involving particularly egregious conduct on the part of the defendant, punitive damages may be imposed as a way to punish the wrongdoer and deter future misconduct.
For those who have lost a loved one due to foodborne illness, wrongful death claims may be filed to seek compensation for funeral expenses, loss of companionship, and other related losses. The exact amount of compensation available in a food recall lawsuit will depend on the specific circumstances of the case, but a successful claim can provide financial relief for the victim and their family during a difficult time.
