African Food on Wheels Recall Lawsuit | 2026 Latest Updates

What’s the Problem?

On November 6, 2025, the Food & Drug Administration (FDA) published a recall notice announcing that African Food on Wheels Inc. of Bronx, NY, is voluntarily recalling oven-dried fish (Scomberomorus cavalla) because the product is uneviscerated (internal organs not removed) and poses a potential contamination risk with Botulism-causing Clostridium botulinum bacteria. [1]

The recalled items were distributed only from the Bronx location (1376 Randall Avenue) via walk-in customers; approximately 28 boxes of the product are subject to the recall. [1]

Botulism is a rare but life-threatening foodborne illness that can cause paralysis, respiratory failure, and death when toxins formed by the bacterium are ingested. [2]

Latest Updates

• November 5, 2025 – African Food on Wheels Inc. initiates voluntary recall of the oven-dried Scomberomorus cavalla fish after discovery of internal organs present, which raise the risk of Clostridium botulinum. [1]
• November 6, 2025 – FDA publishes the recall as a safety alert, warning consumers that the product “should not be used even if it does not look or smell spoiled.” [1]
• November 7, 2025 – Regional food safety networks and state agriculture sites list the recall among top concerns for imported or processed fish and caution high-risk consumers (pregnant, elderly, immunocompromised). [3]

Product & Usage Overview

The recalled fish is described as oven-dried, un-eviscerated Scomberomorus cavalla (mackerel kingfish) sold by African Food on Wheels Inc. in boxed form—28 boxes reported—through walk-in sales at the Bronx, NY location only. [1]

Uneviscerated fish are particularly high risk because Clostridium botulinum spores tend to concentrate in internal organs; inadequate processing or evisceration increases the chance of toxin formation during storage. [2]

Injuries & Side Effects

• Botulism poisoning – may begin with dizziness, blurred or double vision, difficulty swallowing or speaking, muscle weakness, and progress to respiratory failure or death. [2]
• Hospitalization – botulism often requires intensive care and mechanical ventilation; although no illnesses have been reported to date for this recall, the hazard remains serious.
• Long-term consequences – survivors may face lingering neuro-muscular impairment or other complications despite treatment.

Do You Qualify for an African Food on Wheels Recall Lawsuit?

• You purchased the specified oven-dried Scomberomorus cavalla fish product from African Food on Wheels Inc. around the recall period.
• You developed a confirmed botulism-related illness or required medical treatment that can be linked to the consumed product.
• You still have product evidence (box or packaging) or purchase proof (receipt, bank/credit record) and ideally images of the product location at home.
• You are within your state’s statute of limitations, which typically ranges from one to three years from the date of illness diagnosis.

Evidence You Should Gather

• Photographs of the product box or any identifying label information.
• Proof of purchase such as receipt or transaction record from the Bronx-based store.
• Medical records showing treatment for botulism or a comparable foodborne illness.
• Documentation of inspection or recall communications from the retailer or company, if available.

Damages You Can Recover

• Medical expenses – emergency care, hospitalization, antitoxin treatment, rehabilitation.
• Lost wages or income – if illness caused time off work or long-term inability to perform tasks.
• Pain and suffering – physical pain, emotional distress, and lasting disability.
• Refund or replacement – value of the purchased product and any out-of-pocket disposal cost.

Legal Theories & Liability Grounds

• Defective product – the fish was sold in an unsafe condition (uneviscerated, risk of botulism) despite being ready-to-eat.
• Negligence – manufacturer or distributor may have failed to remove organs or follow safe processing standards.
• Failure to warn – absence of sufficient labeling or consumer notification about the heightened risk.
• Strict liability – the product entered the market in a dangerous state regardless of consumer handling.
• Breach of implied warranty – the product was sold for consumption as safe food yet carried a serious pathogen risk.

Statute of Limitations & Timing

In most jurisdictions, lawsuits involving foodborne illness run from one to three years from the date you became ill or from when you discovered the illness was linked to the product. Prompt legal consultation ensures timely evidence preservation and strengthens your right to pursue a claim.

Frequently Asked Questions

• Is there a class action? At this time, no public class-action lawsuit specific to this recall has been reported; individual claims may still be viable.
• What should I do with the product I still have? Stop using it immediately, document the packaging, and follow refund or return instructions provided by the company or retailer.
• What if I’m feeling symptoms? Seek medical attention right away—botulism is serious and requires timely treatment.

Why You Should Act Now

The recall of oven-dried Scomberomorus cavalla fish by African Food on Wheels Inc. highlights a serious food safety failure—uneviscerated fish pose an elevated botulism risk.

If you purchased the fish and experienced illness, uncertainty about exposure or are in a high-risk group, consulting a seasoned product liability attorney now can protect your rights and help you preserve critical evidence.

References

1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/african-food-wheels-inc-recalls-oven-dried-fish-scomberomorus-cavalla-because-possible-health-risk
2. https://www.newsweek.com/nationwide-fish-recall-warning-to-customers-10968538
3. https://www.agi.alabama.gov/foodsafety/recalls/