California Applesauce Recall Lead Lawsuit (Latest Updates)

Urgent Update: California Applesauce Recall Lead Lawsuit – What Consumers Need to Know

If you’re dealing with the repercussions of the California applesauce recall lead lawsuit, it’s crucial to be informed about your rights and understand the necessary steps to take. This guide provides a comprehensive overview of the recall prompted by lead contamination issues and outlines the legal measures available.

If you or someone you know has been affected by lead poisoning from apple sauce, Schmidt & Clark, LLP, is here to assist you. Renowned for our proficiency in plaintiff representation, our main objective is to ensure you obtain the justice and compensation you rightfully deserve.

How S&C Can Help With Your Claim?

S&C can help with your claim by providing free case consultations for parents or guardians whose children were diagnosed with lead poisoning after consuming the affected applesauce fruit pouches.

The legal team at The Schmidt Firm, PLLC is actively extending expertise nationwide, providing support to those affected by the Weis Applesauce lead contamination incident.

We are committed to ensuring that victims receive the justice they deserve, with a focus on:

• Offering nationwide legal representation to individuals suffering from lead poisoning caused by the consumption of Weis Applesauce pouches.
• Providing comprehensive and compassionate guidance throughout the complex process of filing for compensation claims.
• Addressing the full spectrum of damages endured by clients, including health complications, emotional distress, and the potential for future long-term effects stemming from lead exposure.

Applesauce Recall Lead Lawsuit

Examining the lawsuit in detail reveals that:

• The recall was triggered by lead contamination in applesauce pouches from three brands – WanaBana, Weis, and Schnucks.
• The incident was far from trivial, with at least 118 adverse events reported.
• The affected individuals ranged in age from infants to 53 years old, with the median age being one year.

The complaints and adverse event reports emerged between October 17, 2023, and January 16, 2024, concerning the cinnamon applesauce pouches.

A prevailing question amongst consumers is the origin of the lead. The FDA’s investigation traced the contamination back to an economically motivated alteration of the cinnamon used in the applesauce products.

According to Food Quality and Safety, the finger has been pointed at Carlos Aguilera, a cinnamon processor in Ecuador, who has been identified by Ecuadorian officials as the likely individual responsible for contaminating the applesauce pouches [1].

The contaminated cinnamon used in the WanaBana applesauce pouches was sourced from Sri Lanka, processed by Austrofoods in Ecuador, and supplied by Negasmart. It seems the drive for higher profits led to a compromise in the purity of the cinnamon, culminating in the lead-contaminated WanaBana apple cinnamon puree.

What Is Applesauce Contamination?

Applesauce contamination is essentially the presence of harmful substances, such as lead chromate, in applesauce products. This particular case of contamination is suspected to be the result of economically motivated adulteration.

Investigations by the FDA revealed that the level of lead in the contaminated applesauce samples reached up to 2,000 times the amount considered safe. The challenge of regulating foreign ingredient suppliers that do not directly ship their products to the U.S. further complicated the efforts to prevent such contamination.

The brands affected by the recall were Wanabana, Schnucks, and Weis. Ecuadorian officials identified Carlos Aguilera as the likely source of the contaminated cinnamon used in the applesauce. Thankfully, no confirmed illnesses or adverse events related to elevated blood lead levels have been reported for other cinnamon-containing products besides the recalled ones.

The applesauce and cinnamon involved in the contamination passed through various checkpoints meant to protect the U.S. food supply. Despite this, the contaminated cinnamon sticks used in the recalled applesauce products were sourced from Sri Lanka and found to be free of lead contamination by Ecuadorean officials.

Reasons Behind The Recall

The recall of the applesauce brands WanaBana, Schnucks, and Weis was necessitated by the discovery of dangerously high lead levels in these products. Specifically, the Schnucks brand recalled certain applesauce pouches, and the Weis brand recalled specific cinnamon applesauce pouches. As for WanaBana, all Apple Cinnamon Fruit Puree Pouches were recalled, regardless of expiration dates.

A deeper analysis of the WanaBana Apple Cinnamon Fruit Puree recall reveals that all pouches of this cinnamon apple puree product have been voluntarily recalled by WanaBana, without any distinction to batch or date. The product was distributed in 3-pack pouches, each containing 2.5 oz of fruit puree.

At least four lead-poisoning illnesses in children have been linked to these products. As for the Weis-brand cinnamon applesauce pouches, the recall includes those cinnamon apple sauce pouches from the specific lot number 05023:28, which were also sold at several Dollar Tree stores.

This serves as a stark reminder of the potential harm that can be caused by contaminated food products and the importance of stringent food safety regulations.

Side Effects of The Applesauce Lead Poisoning

When looking at the side effects of consuming the recalled applesauce pouches, it’s important to note that lead exposure, particularly in children, is a serious health concern. Lead exposure can potentially cause developmental issues, affect cognitive function, and lead to other physical complications.

The common symptoms of lead poisoning include:

• Persistent fatigue or lethargy
• Abdominal pain and discomfort
• Constipation or irregular bowel movements
• Vomiting and nausea
• Reduced appetite and weight loss
• Developmental delays in children
• Learning difficulties or a decline in academic performance
• Irritability or changes in behavior
• Hearing loss
• Seizures in severe cases

In pregnant women, elevated lead levels can result in lead exposure, causing developmental delays and mental impairment in their unborn children. For severe cases of lead poisoning, chelation therapy with calcium disodium ethylenediaminetetraacetic acid (EDTA) is an available treatment, especially for children who can’t tolerate other treatments.

How Do You Qualify for an Applesauce Lead Lawsuit?

To qualify for an applesauce lead lawsuit, you must have evidence that a child consumed a recalled WanaBana applesauce pouch and subsequently received a diagnosis of lead toxicity.

The WanaBana recall encompasses products sold at a variety of retailers, including Dollar Tree, Sam’s Club, and Amazon. If you suspect that your family has been impacted, seeking legal advice to discuss your rights is a recommended course of action.

As of November 22, 2023, the FDA reported an increase in the number of illnesses potentially linked to the recalled products, with over 50 reports. As part of your lawsuit, you should preserve any unopened or used applesauce pouches, receipts, and your child’s medical records as evidence for your claim.

The Status Of The Applesauce Lead Poisoning Litigation in California

At present, WanaBana LLC and WanaBana USA LLC are engaged in a jurisdictional argument, pushing for the lawsuit to be maintained under federal jurisdiction instead of being returned to state court.

Families impacted by the lead-contaminated applesauce products may have the right to seek compensation through legal claims against the companies responsible for the contamination.

The class action suit includes a nationwide class as well as a subclass specifically for New York residents. The suit seeks financial compensation and a health monitoring program for affected consumers, highlighting the widespread impact of the scandal.

In addition to the class action suit, individual lawsuits have been filed in various states, including Florida and Texas. These lawsuits include personal injury claims citing brain injuries. Some families have filed litigation after their children’s lead screenings indicated elevated levels after consuming recalled applesauce products.

Affected individuals also have the option to pursue product liability lawsuits for financial compensation related to injuries caused by the consumption of products like WanaBana’s lead-contaminated fruit puree. Legal actions like the lawsuit filed by Motley Rice have centered around specific products, notably WanaBana Apple Cinnamon Fruit Puree pouches.

Applesauce Lead Poisoning Settlement Amounts in California

The compensation for lead poisoning cases resulting from contaminated applesauce can differ greatly based on various aspects. These factors encompass the gravity of the poisoning, the degree of health repercussions, any permanent impairments, the age of the victim, and case-specific details such as established negligence or liability on the manufacturer’s part.

For those concerned about the financial implications of this incident, the class action suit seeking financial compensation and a health monitoring program for affected consumers should be a source of relief.

To understand what you may be entitled to, it’s best to contact the law firm for a possible case review and individual compensation if you suspect your child has been affected by the recalled applesauce products.

Filing an Applesauce Lead Poisoning Lawsuit in California

For those pondering filing an applesauce lead poisoning lawsuit in California, there are a few essential points to keep in mind. You’ll need to gather evidence, understand the statute of limitations, and seek legal representation.

Types of Evidence To Present

When filing a lead poisoning lawsuit in California, it’s required to include a Certificate of Merit with the complaint. This certificate must confirm that there’s a credible basis that all elements of your case can be established and that the information doesn’t prove any affirmative defense has merit.

Evidence can include:

• Employee exposure monitoring results
• Information indicating exposure to lead
• Previous measurements of airborne lead
• Employee complaints of symptoms related to lead exposure

Employers are required to monitor employee exposures and base initial determinations on monitoring results and any relevant information such as prior lead exposure measurements and employee symptom complaints.

When presenting evidence in a California lead poisoning lawsuit, the following items can be critical:

• Detailed written records of employee lead exposure assessments, including the date of determination, specific workplace location, and the identities of the employees monitored.
• Documentation of biological monitoring programs, which encompasses blood lead level analysis, as part of the medical evaluation for workers at risk of lead exposure.
• Evidence of elevated blood levels was found through biological monitoring, indicating potential lead exposure in the workplace.

This information not only serves as evidence but also plays a part in the ongoing health and safety monitoring required for employees working in environments with potential lead exposure risks.

What is the Statute of Limitations for the Applesauce Lead Poisoning Lawsuit in California?

The statute of limitations for the applesauce lead poisoning lawsuit in California is generally two years from the date the injury occurred or from when the injury should have reasonably been discovered. This means that parents have a two-year window to initiate legal proceedings on behalf of their children for cases of lead poisoning.

Children who suffer from lead poisoning have until they reach the age of twenty to file a claim on their own behalf. The statute of limitations for children begins on the day they turn 18 or when they are legally emancipated.

Related Articles:

• Michigan Applesauce Recall Lead Attorney
• New York Applesauce Recall Lead Lawsuit
• Georgia Applesauce Recall Lead Lawsuit

See all related food poisoning lawsuits our attorneys covered so far.

Get Your Free Consultation From California Lead Poisoning Lawyers

At Schmidt & Clark, LLP we stand beside you in these difficult times. Should you or your family be affected by lead contamination from applesauce, we encourage you to get in touch.

Our attorneys are well-versed in navigating the complexities of such cases, ensuring you’re informed every step of the way. We’ll clarify your legal rights and determine if you have a viable claim for an applesauce lead contamination lawsuit.

Offering free initial consultations, our firm operates on a contingency fee basis, meaning we only get paid when we win your case. Contact us for a comprehensive review of your applesauce lead contamination issue.

Reference:

1. https://www.foodqualityandsafety.com/article/ecuadorian-cinnamon-supplier-identified-in-applesauce-related-lead-outbreak/