Taylor Farms recalled the contaminated lettuce, but not before it was distributed to major companies like Costco, Whole Foods, Taco Bell and Sweetgreen.
SAN JOSE, Calif. (CN) – Two customers on opposite coasts have filed the first class action against Taylor Farms, accusing the lettuce grower and distributor of spreading a parasitic infection with thousands of confirmed or suspected cases in the U.S.
Californian Kait Gelbspan and New Yorker Victor Granados say in them complaint that cyclospora contamination and subsequent food poisoning was preventable.
“There are products on the market that lack cyclosporiasis contamination, so contamination is completely avoidable,” they write. “Defendant failed to notify plaintiffs or class members of the risk of contamination through the product’s labels, ingredients, packaging, or advertising — and the failure to do so caused substantial and harmful harm to purchasers of the products.”
Taylor Farms supplies, distributes and sells lettuce products nationwide under brand names used by major companies such as Costco, Whole Foods, Taco Bell and Sweetgreen. The outbreak reportedly began in mid-May from contaminated food at Taco Bells in the Midwest.
The plaintiffs say Taylor Farms’ shredded lettuce and leafy greens likely contain cyclospores, a microscopic parasite that causes the intestinal infection cyclosporiasis.
About a week after infection, symptoms including watery diarrhea, nausea, vomiting, cramping and bloating appear and can last for several weeks. The parasite is spread when food and water come into contact with contaminated feces.
“Taylor Farms was aware of the risks associated with cyclosporiasis contamination prior to manufacturing the products and should have identified any such contamination through its own testing and analysis before placing the products on the market,” the plaintiffs say.
The suit, filed Thursday in federal court in the Northern District of California, is the first class action over the contaminated greens, though other individual lawsuits have been launched across the country.
The class plaintiffs say any U.S. customer who purchased Taylor Farms lettuce and leafy greens in June and July is a potential class member, with California and New York subclasses for product recalls.
“In an era of lax enforcement and policy failures that leave the window open for food corporations to cut corners, private enforcement becomes even more necessary to protect consumers from parasitic diseases like cyclosporiasis,” plaintiffs’ attorney Blake Yagman said in an email to Courthouse News.
“We will continue to fight every day to ensure that consumers are safe and to restore confidence that the food products we buy will not make us sick. Together, we make us safe,” he said.
Plaintiffs’ claims include negligence, negligent misrepresentation, breach of implied warranty of merchantability, unjust enrichment, and violations of California and New York business and consumer laws.
They seek the return and disgorgement of funds Taylor Farms earned in the distribution and sale of the contaminated products, along with compensatory and punitive damages with interest, along with a jury trial.
Friday, Taylor Farms released a voluntary recall of its iceberg lettuce originating in central Mexico that was distributed from June 29 to July 16. Taylor Farms did not immediately respond to a request for comment.
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