Quaker Oats Granola Recall: Lawsuit Claims Negligence Caused Salmonella Contamination
Last Updated on March 12, 2024
Herendeen v. The Quaker Oats Company
Filed: December 27, 2023 ◆§ 1:23-cv-17103
The Quaker Oats Company faces a class action lawsuit that alleges the company’s negligence sparked the Dec. 2023 recall of more than 90 formulations of granola products.
The Quaker Oats Company faces a proposed class action lawsuit that alleges the company’s negligence sparked the December 2023 recall of more than 90 formulations of granola products over fears of salmonella contamination.
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The 21-page complaint, filed December 27, contends that the roughly 140-year-old food company knew or should have known that the recalled granola bars and granola cereals were not sufficiently tested for the presence of salmonella, and emphasizes that the recalled Quaker Oats items are marketed to “vulnerable persons,” including children.
“Defendant knew or should have known that they owed consumers a duty of care to fully prevent, or at the very least, minimize the presence of harmful Bacteria in their Recalled Products,” the complaint states, accusing Quaker Oats of “recklessly and/or knowingly” selling the recalled granola products without disclosing the possible contamination.
The Food and Drug Administration announced on December 15 of last year that Quaker Oats had initiated a recall of specific granola products. As of December 15, Quaker Oats had received no confirmed reports of illness related to the recalled products, the FDA said.
Per the official Quaker Oats recall website, these products include all sizes of Chewy Classic & 25% less sugar Granola Bars, Chewy Dipps Granola Bars, Big Chewy Bars, Quaker Simply Granola and Quaker Granola Cereals.
The recall does not include Quaker Oats, Quaker Instant Oats, Quaker Oatmeal Squares, Quaker Grits, Quaker Oat Bran, Quaker Oat Flour and Quaker Rice Snacks products, the website says.
According to the Centers for Disease Control and Prevention, most people who fall ill from salmonella will experience fever, diarrhea and stomach cramps, usually within six hours to six days of infection. These symptoms can last between four and seven days, per the CDC.
“Defendant knew or should have known the risks that Salmonella poses, especially to the elderly, very young, and immunocompromised,” the filing says, adding that Quaker Oats should have been on alert in light of several recent recalls over salmonella concerns.
Among other relief, the case asks the court to injunctively require Quaker Oats to design and implement a “new monitoring system” with which it can “adequately monitor bacteria levels in their products.”
The lawsuit looks to cover all consumers in the United States who purchased any of the recalled Quaker Oats granola products within the applicable statute of limitations period.
More information on the recall, the affected products and how to receive a refund can be found here.
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