How Foreign Objects in Breakfast Products Could Lead to Injuries
Kodiak Cakes, known for its health-focused breakfast products, recently issued a recall affecting 7,300 boxes of its Protein-Packed Power Waffles in the Buttermilk & Vanilla flavor. The recall, initiated in late August 2024 and announced by the U.S. Food and Drug Administration (FDA), is due to the presence of foreign objects—specifically soft plastic film—in the affected products. These waffles were distributed across 13 states, including Iowa, Illinois, and Michigan, and come in 40-count boxes with a “Sell By” date of January 10, 2026.
Consumers are urged to check their homes for the recalled product, which has the UPC code 705599019203. While no injuries or illnesses have been reported as of the announcement, the potential danger posed by consuming food contaminated with foreign objects cannot be understated. Foreign objects like plastic can pose choking hazards, cause internal injuries, or lead to digestive problems.
Kodiak Cakes, based in Park City, Utah, has apologized to consumers for the inconvenience and emphasized its commitment to product safety and quality. However, for individuals who unknowingly consumed these contaminated waffles and suffered harm, the consequences can be serious, and legal options may be available.
The Risks Posed by Contaminated Food Products
When consumers purchase food items, they expect these products to meet basic safety standards. Unfortunately, when a product is contaminated with foreign objects such as plastic, it can cause a range of injuries. Even though Kodiak Cakes acted quickly to issue the recall, individuals who consumed the contaminated waffles could still face significant health risks.
One of the immediate dangers posed by plastic contamination is the risk of choking, especially for younger children or older adults. A small piece of plastic can easily become lodged in the throat, potentially leading to suffocation if not addressed promptly. Additionally, even if the plastic is swallowed, it can cause internal injuries such as cuts, abrasions, or blockages in the digestive tract. This can lead to severe pain, the need for surgery, or long-term complications if not treated in a timely manner.
Beyond physical harm, the discovery of foreign objects in food can also cause emotional distress for consumers. When individuals realize they have ingested something they shouldn’t have, anxiety and fear can arise, leading to concerns about potential health impacts. The disruption to one’s daily life, medical expenses, and emotional toll make incidents like this more than a mere inconvenience—they can significantly affect a person’s well-being.
Although the company has expressed regret and taken steps to remedy the situation, consumers who have been harmed by the recalled Kodiak waffles may still face medical bills, lost wages due to time spent recovering, and the need for ongoing medical treatment.
Filing a Product Liability Lawsuit for Contaminated Food Products
If you or a loved one has been injured after consuming one of the recalled Kodiak Protein-Packed Power Waffles, you may have grounds to file a product liability lawsuit. Product liability claims hold manufacturers, distributors, and retailers accountable for releasing defective or dangerous products into the market. In this case, a lawsuit might focus on how the foreign object—soft plastic film—entered the product during manufacturing and whether the company failed to detect and prevent the contamination.
The process of filing a product liability lawsuit typically begins with an evaluation of your case by an experienced attorney. The attorney will assess the details of the incident, including the nature of the contamination, the injuries sustained, and any financial or emotional damages incurred as a result of consuming the contaminated waffles.
Once it is determined that you have a valid claim, your attorney will collect the necessary evidence to support your case. This may include medical records, purchase receipts, product packaging, and any communication with Kodiak Cakes or the FDA regarding the recall. Additionally, your attorney may consult with experts to demonstrate how the contamination occurred and how it caused your injuries.
After gathering evidence, your attorney will file a formal complaint against the manufacturer, seeking compensation for your damages. The legal process then moves into the discovery phase, where both sides exchange information and gather testimony. In many cases, the manufacturer may choose to settle the claim to avoid the risk of going to trial. However, if a settlement cannot be reached, the case may proceed to court, where a judge or jury will determine the outcome.
Throughout the entire process, having an experienced product liability attorney on your side is crucial. Food contamination cases can be complex, involving detailed investigations into manufacturing processes, safety protocols, and FDA regulations. By working with a knowledgeable attorney, you can ensure that your case is handled effectively and that you have the best chance of receiving fair compensation for your injuries.
Damages Recoverable in a Product Liability Case
In a product liability lawsuit involving contaminated food products, victims may be entitled to recover several types of damages. Medical expenses are often the primary concern, as treating injuries caused by foreign objects can involve emergency room visits, surgeries, or long-term care. These costs can quickly add up, making it essential to seek compensation to cover medical bills.
In addition to medical expenses, individuals who suffered injuries may also be able to recover lost wages if they were unable to work due to their condition. This is particularly important if the injury required surgery or an extended recovery period.
Compensation for pain and suffering may also be available. Physical pain from the injury, as well as emotional distress caused by the incident, can have a lasting impact on a person’s quality of life. Courts often award damages to compensate victims for the emotional and psychological toll of dealing with a serious injury caused by a defective product.
In rare cases, punitive damages may be awarded if the manufacturer is found to have acted with extreme negligence or recklessness in allowing the product to reach consumers.
