Food recalls occur regularly when contaminated or dangerous products reach consumers. When recalled food causes illness—from bacterial contamination, undeclared allergens, or foreign objects—injured consumers can pursue product liability claims against food manufacturers, distributors, and retailers.

Common Causes of Food Recalls

Bacterial contamination is the leading cause of food recalls. Dangerous pathogens include Salmonella (found in poultry, eggs, produce, and many other foods), E. coli (often in ground beef, leafy greens, and unpasteurized products), Listeria (particularly dangerous in deli meats, soft cheeses, and ready-to-eat foods), and Campylobacter (common in undercooked poultry).

Undeclared allergens trigger recalls when labels fail to disclose ingredients like peanuts, tree nuts, milk, eggs, wheat, soy, fish, or shellfish. For people with severe allergies, undeclared allergens can cause life-threatening anaphylaxis.

Foreign objects in food—glass, metal, plastic, or other materials—cause choking hazards, broken teeth, and internal injuries.

Food Safety Regulatory Framework

The FDA regulates most food products, while the USDA oversees meat, poultry, and egg products. These agencies investigate outbreaks, identify contaminated products, and coordinate recalls.

Most food recalls are voluntary—companies recall products after learning of contamination. However, agencies can mandate recalls when companies don't act voluntarily.

Proving Foodborne Illness Claims

Food poisoning claims require proving the specific food caused your illness—often challenging because symptoms may appear days after consumption when the food has been discarded.

Stool cultures can identify the specific pathogen causing illness. When the pathogen matches the strain identified in recalled food, causation becomes clearer. Epidemiological evidence linking your illness to a broader outbreak also helps establish causation.

Types of Food Liability Claims

Strict product liability applies to food products. Contaminated food is defective, and manufacturers are liable regardless of fault. You don't need to prove the company was negligent—only that the food was contaminated and caused your illness.

Negligence claims may also apply when companies fail to follow proper food safety procedures, ignore contamination warnings, or sell products they know may be dangerous.

Breach of warranty claims arise when food fails to meet implied warranties of merchantability—it's not fit for its ordinary purpose of safe consumption.

Who Can Be Sued?

All parties in the food distribution chain may share liability:

  • Manufacturers and processors who introduced contamination
  • Ingredient suppliers whose products caused contamination
  • Distributors who failed to maintain proper storage or handling
  • Retailers who sold contaminated products
  • Restaurants that served contaminated food

Damages from Food Contamination

Foodborne illness can cause serious harm beyond temporary discomfort. Severe cases cause hospitalization, long-term health effects, and death. Vulnerable populations—children, elderly, pregnant women, and immunocompromised individuals—face greatest risks.

Recoverable damages include medical expenses for treatment, lost wages during illness and recovery, pain and suffering, long-term health complications, and wrongful death damages when contamination proves fatal.

Preserving Evidence

If you suspect food caused illness, preserve any remaining product, packaging, and receipts. Photograph everything. This evidence links your illness to the specific product and proves you consumed the implicated item.

Seek medical attention promptly. Request stool cultures to identify the pathogen. Medical documentation is essential for proving both the illness and its likely source.

Class Actions and Mass Torts

Food contamination outbreaks often sicken many people, leading to class actions or multidistrict litigation. Joining coordinated litigation can be more efficient than individual claims, particularly for less severe illnesses where individual case values are smaller.

However, those with serious injuries may recover more through individual claims than class settlements provide.

Pursuing Your Claim

If you've suffered serious illness from contaminated food, especially food involved in a recall, consult a product liability attorney. These cases require understanding of food safety regulations, ability to establish causation, and resources to pursue claims against large food companies.