This past Tuesday, Nutrition Express announced a recall of a select variety of their whey protein powder products. Similar to the whey protein recall I discussed earlier this month, the whey protein products were recalled because of a salmonella scare. The company decided to recall the products because a FDA investigation determined that Nutrition Express had been using the same distributor that supplied Universal Nutrition, another company whose whey products were recalled because of suspected salmonella contamination. As a Pembroke Pines Products Liability Attorney, I agree with their plan to play it safe and recall the possibly contaminated products rather than face the potential for a personal injury lawsuit. For all full list of Nutrition Express products being recalled, please see the FDA announcement here.
Fortunately, there haven’t been any reports of injury or positive tests for salmonella. This is great news because this recall might prevent anyone from getting sick should one of the units be found to contain salmonella. As a Pembroke Pines Personal Injury Lawyer, it’s refreshing to hear about a recall that is precautionary in nature. It is even better to hear that no one has gotten sick or suffered any injuries.
Since there haven’t been any positive results for salmonella, it is still too early to say that Nutrition Express is to blame. From a Pembroke Pines Products Liability Attorney’s standpoint, Nutrition Express is not liable until there is proof of salmonella contamination of the whey protein. Further, before they could be found liable in a personal injury lawsuit, the attorney would need to demonstrate that the alleged defective product directly caused the plaintiff’s injuries. Thus, unless circumstances change, there probably won’t be any personal injury lawsuits, since there haven’t been any reports of salmonella contamination nor have there been any reports of sickness caused by the whey protein powder.