Idaho Dept of Agriculture Saw Moldy Yogurt – Chobani Greek Yogurt – 2 Months Before Food Recall
The yogurt, which numerous consumers noted had a problem with “bloating” in the package, and which reportedly smelled sour or “off,” and which was found to have a fungus that sickened 300 people, may have been contaminated for at least two months before Chobani issued the food recall. A report obtained from the US Food and Drug Administration notes that the Idaho Department of Agriculture saw moldy yogurt at the Twin Falls plant in July 2013, two months before the food manufacturer issued a food recall for the product.
Last September, Chobani issued a voluntary food recall after several consumers complained about gastrointestinal problems. However, the company said that the strain of Mucor circinelloides was not very likely to make consumers ill.
However, the FDA received 223 complaints of gastrointestinal illness by September 17th, and 300 by the end of the year, prompting the food recall. One consumer’s symptoms were so severe that he filed a class action lawsuit against the company, alleging negligence on the part of Chobani, and breach of the implied warranty of merchantability for food.
A report from the FDA summarized five separate Chobani plant inspections in September, and one made this note regarding previous health and safety inspections for the yogurt company:
“In July the routine Grade A sampling and testing samples taken by the Idaho Department of Agriculture (ISDA) from the Chobani Idaho Inc. production were visually noted, by the laboratory technician, that surface defects were present and additional testing was conducted noting a yeast like growth developing in the yogurt samples.”
Idaho State Department of Agriculture spokeswoman Pamela Juker, however, says that there were no notes from the ISDA regarding moldy yogurt at the Chobani plant, and she is unsure where the FDA got the information about previous food testing.
“All of the raw and finished product-testing results met the requirements of the Pasteurized Milk Ordinance,” Juker said. “All of the tests we’ve done met the requirements.”
Defective Products Can Lead to Health or Food Recalls
Every year, thousands of consumers sustain serious injuries from defective products, whether broken bones from a car accident, or a serious illness from a food-borne pathogen. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety. Defective products that commonly cause injuries include medical devices, pharmaceutical products, food recalls, and other defective products such as toys, cars and automotive parts.
There are a number of reasons that defective products make it to our shelves:
- Defective manufacturing
- Inadequate testing
- Food-borne pathogens
- Design defects
- Marketing Misrepresentation
Consumers that have been harmed by defective products such as drugs, medical devices, improperly-sealed food, or other products, may be eligible to receive legal remedies.
The Strom Law Firm Protects Citizens Harmed by Delayed Product or Food Recalls
The South Carolina Food Poisoning attorneys at the Strom Law Firm aim to protect our clients’ health and safety, and hold manufacturers to the highest possible standard of safety. Product recalls are especially important because defective drugs, medical devices, food, and toys can seriously injure or even kill consumers. If you or a loved one have experienced severe, life-limiting side effects from a defective food, product or drug, and believe that your pain stems from a product, drug, or food recall that came too late, you may be entitled to compensation. The Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case, so contact us today. 803.252.4800