As announced last week, Fresh Express has recalled close to 3,000 cases of its 9 oz Bag Spinach. The recall was initiated after a sample of spinach tested positive for salmonella. Fresh Express knows for sure that the spinach was distributed to Pennsylvania, New York, Maryland, Connecticut, Rhode Island, Massachuessets and Maine, yet there is a chance that the recalled spinach bags were redistributed to New Jersey, Virginia, Delaware, New Hampshire, West Virginia, Ohio and Washington, D.C. Even though Florida is not one of the states on the list, as a Plantation Products Liability Attorney I felt that it was important to alert readers of this recall so that if you have family in any of those states who purchase Fresh Express Spinach Bags, you could make them aware of the recall.
According to the FDA’s report, which can be found here, there haven’t been any reports of food poisoning or illness, which is good news. If that fact holds true, then there shouldn’t be any product liability lawsuits or personal injury lawsuits as a result of this spinach recall. As readers of this Plantation Products Liability Lawyer’s blog will remember, there have been several salmonella related recalls in the last few weeks. There was the Skippy Peanut Butter Recall, then there was the Del Monte Cantaloupe Recall, and the Nutrition Express Whey Protein Recall, just to name three.
As a Plantation Products Liability Attorney, I think that this recall is another example of the importance of safety testing. While there may have been an initial lapse in their testing procedures to let these defective products reach the market, it is because of their additional inspections that Fresh Express was able to discover the salmonella.
Every company that sells a product to a consumer has a duty to provide a safe product and a sound testing program helps to ensure that the duty is not breached. If that duty is breached and the defective product causes someone harm, then the company could face a personal injury lawsuit. Nonetheless, it is very fortunate that no one has become ill from this spinach recall, and we can only hope that no one does.