Class Action Lawsuit Filed For Contaminated SpinachOn September 18, 2006, we filed a nationwide class action lawsuit in the Circuit Court of Cook County, Illinois. The lawsuit seeks refunds of the purchase price paid for fresh spinach that had to be discarded due to concerns over the E. coli outbreak. Natural Selection Foods, LLC is the defendant in the lawsuit. On September 15, 2006, the U.S. Food and Drug Administration (FDA) advised the public not to eat fresh spinach or fresh spinach containing products that are consumed raw. The FDA Press Release can be found at http://www.fda.gov/bbs/topics/NEWS/2006/NEW01451.html. Natural Selection Foods is voluntarily recalling all of the products which contain spinach in all the brands it packs with “Best if Used by Dates” of August 17th through October 1st. These Natural Selection Foods brands include: Dole, Natural Selection Foods, Pride of San Juan, Earthbound Farm, Bellissima, Rave Spinach, Emeril, Sysco, O Organic, Fresh Point, River Ranch, Superior, Nature’s Basket, Pro-Mark, Compliments, Trader Joe’s, Ready Pac, Jansal Valley, Cheney Brothers, Coastline, D’Arrigo Brothers, Green Harvest, Mann, Mills Family Farm, Premium Fresh, Snoboy, The Farmer’s Market, Tanimura & Antle, President’s Choice, Cross Valley, Riverside Farms. These products include spinach and any salad with spinach in a blend, both retail and foodservice products (See, Natural Selection Foods Recall Notice, which can be found at http://www.nsfoods.com). Natural Selection Foods is advising consumers with any of the products described above to dispose of the products(See, Recall Notice). The plaintiff in the class action lawsuit is a restaurant that threw out fresh spinach, and seeks to recover the price it paid for the spinach that it discarded. The plaintiff seeks financial damages for itself, and on behalf of all other persons and entities in the United States who threw out fresh spinach due to concerns over the E. coli outbreak. E. coli causes diarrhea, often with bloody stools. Although most healthy adults can recover completely within a week, some people can develop a form of kidney failure called Hemolytic Uremic Syndrome (HUS). HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney damage and even death (See, FDA Press Release). According to the FDA, 94 cases of illness have been reported to the Centers for Disease Control and Prevention (CDC) to date, including 14 cases of HUS and one death. Contact attorney Tom Zimmerman if you discarded fresh spinach or if you suspect that you became ill as a result of eating contaminated spinach. You may be included in the class action lawsuit to seek recovery of the price you paid for the spinach. If you became ill from eating contaminated spinach, we may also file a separate lawsuit to seek recovery for your injuries and medical bills. |
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Class Action from Inflated Newspaper Circulation - $31 million recovery for a nationwide class of businesses and individuals who placed advertisements in a newspaper. The publisher charged advertisers a rate that was based upon and related to the publisher’s representations as to the newspaper’s circulation. However, the publisher significantly overstated the newspaper’s circulation for several years, which caused the advertisers to overpay to advertise in the newspaper. Cash refunds were paid to the advertisers to reflect the amount of their overpayment. We included in the class recovery $4.8 million in donations to charities.
