Colorado Applesauce Recall Lead Lawsuit (Latest Updates)

Quick Summary

• The recent recall of applesauce in Colorado has sparked a legal uproar known as the Colorado applesauce recall lead lawsuit, with affected families pursuing justice due to lead contamination.
• This article is designed to provide you with essential information about the recall, the associated health risks, and guidance on how to participate in the lawsuit if you’re facing related concerns or considering legal action.
• If you or a loved one has been impacted by lead contamination from applesauce, Schmidt & Clark LLP stands ready to support you. As a firm with a distinguished reputation in representing plaintiffs, we are committed to ensuring that you receive the justice and compensation you are entitled to.

How S&C Can Help With Your Claim?

S&C can help with your claim by offering expert legal support during these challenging times. You’re not alone; with our seasoned experience and extensive resources, we will guide you through the complex process of securing compensation for your child’s lead exposure.

Moreover, legal teams such as S&C can:

• Facilitate your interactions with government agencies handling recalls
• Manage any disputes with customers or suppliers
• Aid in formal notifications and public relations plans

Applesauce Recall Lead Lawsuit

Reports of lead poisoning linked to the WanaBana brand’s cinnamon applesauce pouches started pouring in, leading to a recall. But it wasn’t just the WanaBana brand. The brands involved in selling the contaminated applesauce also include Weis and Schnucks.

According to the Energy & Commerce Committee, more than 60 U.S. children under the age of six tested positive for lead poisoning after consuming the recalled applesauce pouches [1].

As the alarming news spread, investigations were launched, tracing the lead contamination back to contaminated cinnamon supplied to the manufacturing facility in Ecuador by the company Negasmart.

This disturbing revelation shed light on the potential health risks lurking in seemingly innocent food products. The implications were grave, and the legal battles that followed were complex and challenging.

What Is Applesauce Contamination?

Applesauce contamination is the term used when applesauce products are found to be tainted with harmful substances such as lead. In the disturbing case of the cinnamon applesauce pouches, the contaminant was identified as lead chromate, with lead levels in the applesauce reaching up to 2,000 times the amount deemed safe for consumption.

Investigations revealed that the contamination was likely intentional and economically motivated. This bypassed multiple safeguards in the U.S. food supply chain, leading to the recall of three brands – Wanabana, Schnucks, and Weis.

This incident exposed the limitations of the FDA’s regulatory authority over foreign ingredient suppliers, highlighting a significant gap in our food safety system.

Reasons Behind The Recall

The FDA discovered alarmingly elevated lead levels in the applesauce. This revelation not only prompted immediate action but also led to a shift in the FDA’s focus on post-incident activities, including increased surveillance and preventive measures.

In response to the incident, the FDA launched the Closer to Zero initiative, aiming to minimize children’s exposure to toxic elements in food products.

The FDA is now stepping up its monitoring and setting international standards for acceptable lead levels in spices like cinnamon to prevent future contamination issues.

The recall was expansive, including not only the Wanabana apple cinnamon fruit puree fruit pouches but also specific batches of Schnucks and Weis brand recalled cinnamon applesauce pouches, weis cinnamon applesauce pouches, and cinnamon apple sauce pouches.

These products, with their long shelf life, were distributed nationwide and could be present in many households. Consumers possessing these recalled products were advised to discard them or return them for a refund.

According to the 2023 FDA investigation into the contamination, the cinnamon used in the applesauce had lead concentrations as high as 5,110 parts per million, far exceeding the international standard of 2.5 parts per million. Some reports even hinted at the possibility of intentional adulteration [2].

The investigation faced significant challenges due to the FDA’s limited jurisdiction in foreign countries like Ecuador, where the applesauce was produced. However, the FDA collaborated with local health authorities, the CDC, and Ecuadorian officials to determine if the contaminated cinnamon was used elsewhere or exported as a raw ingredient.

Side Effects of The Applesauce Lead Poisoning

Children exposed to lead can experience learning and behavior problems, hearing and speech issues, and hindered growth and development. These effects can be far-reaching and long-lasting, including reduced I.Q., attention deficits, and poor academic performance.

High doses of lead can lead to acute symptoms such as abdominal pain, constipation, nausea, anemia, weakness, fatigue, and high blood lead levels. In severe cases, it can even result in neurological issues like seizures and coma.

With the lead levels in the contaminated applesauce exceeding safety standards by such a large margin, these symptoms became a terrifying reality for many families.

The long-term effects of lead exposure on children are particularly concerning. Lead can cause:

• Developmental problems
• Long-term damage to the brain, kidneys, and bone marrow
• Impairment of growth and development
• Learning and behavioral issues
• Hearing and speech problems

The full extent of the potential health impact due to lead-contaminated applesauce is not fully understood. Still, there is a strong correlation between lead exposure and long-term cognitive and physical health issues in children.

How Do You Qualify for an Applesauce Lead Lawsuit?

To qualify for an applesauce lead recall lawsuit, you must have manifested symptoms of lead poisoning or other illnesses subsequent to consuming the recalled applesauce products. Colorado families are encouraged to seek a case evaluation from a law firm to ascertain their eligibility.

Being exposed to lead over a long period can cause lasting brain damage. At very high levels, lead poisoning can be fatal. But often there are no clear symptoms of lead poisoning – Jabeen Begum, MD, Consultant Microbiologist at the Asian Institute of Gastroenterology Hospital (AIG Hospitals, Gachibowli)

The Status Of The Applesauce Lead Poisoning Litigation in Colorado

Parents whose children have suffered from lead poisoning due to contaminated applesauce pouches are living with the concern of long-term health issues for their children.

According to the Mayo Clinic 2022 research, reported symptoms are [3]:

• fussiness
• irritability
• abdominal pain
• loss of appetite
• fatigue
• developmental delays

The contaminated applesauce pouches have been linked to hundreds of reports of elevated blood lead levels across multiple states, which the Centers for Disease Control and Prevention have received. As a result, lawsuits have been filed against WanaBana USA by parents of children who exhibited elevated blood lead levels after consuming the contaminated applesauce.

Applesauce Lead Poisoning Settlement Amounts in Colorado

The potential settlement amounts in the applesauce lead poisoning cases depend on a variety of factors. These include the severity of the lead poisoning, the symptoms experienced, and any long-term health effects.

Factors such as the age of the child affected, the duration of exposure, and the prognosis of any long-term care requirements will also play a critical role in determining the settlement amounts.

Additionally, the emotional distress, pain, suffering, and any lost wages or loss of earning capacity for the parents who may have had to take time off work to care for their poisoned child could be considered.

Each case is unique, and therefore, settlements may vary significantly. Legal experts will evaluate all aspects of the inflicted damage to ensure that the compensation covers both current and future medical costs, as well as any other related damages.

Individuals affected by lead exposure from the recalled applesauce products may seek compensation through legal action.

Filing an Applesauce Lead Poisoning Lawsuit in Colorado

If this incident has affected you or your child, you might be contemplating legal action. The first step is to contact a lawyer.

Legal professionals can:

• Guide you through the process of filing a lawsuit for exposure to lead from the recalled applesauce pouches
• Provide you with a free case evaluation
• Help you understand your legal options.

A successful lawsuit can bring you the compensation you deserve, help you cover medical expenses, and provide some measure of justice for the hardship you and your family have endured.

Types of Evidence To Present

Presenting the right evidence is fundamental when filing a lawsuit.

In lead poisoning lawsuits, the following evidence is crucial:

• Medical records showing elevated lead levels
• A blood test indicating lead poisoning
• Consultations with professionals such as physicians, neuropsychologists, and certified industrial hygienists to support your claim.

Other types of evidence can include:

• Environmental testing for the presence of lead in your home
• Documentation of known lead hazards
• Educational materials about lead poisoning provided by sellers or landlords
• Witness testimonies
• Expert opinions

These types of evidence strengthen your case, especially to counteract potential defense strategies that may aim to shift responsibility away from the alleged negligent parties.

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

The statute of limitations for the applesauce lead poisoning lawsuit in Colorado is generally two years from the date of the injury, death, or property damage. However, the Discovery Rule may extend this period if the injury caused by the product was not immediately apparent within the standard limitations period.

It is advisable to seek legal advice for specific information regarding these time-sensitive deadlines.

Related Articles:

• California 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 Colorado Lead Poisoning Lawyers

If you or a family member have been affected by lead contamination from applesauce, Schmidt & Clark, LLP is ready to assist you through these difficult times. Our team is well-versed in such cases and will navigate you through the intricacies of the legal process.

We will clarify your legal entitlements and determine if you have a valid claim in the applesauce lead contamination lawsuit.

Consultations with our firm are free of charge, and our fee structure is contingent on winning your case. With a commitment to offering you the same attention and care we would provide to our own family, we invite you to contact us for a comprehensive case evaluation on applesauce lead contamination issues.

Reference:

1. https://energycommerce.house.gov/representatives/eshoo
2. https://www.fda.gov/food/outbreaks-foodborne-illness/investigation-elevated-lead-chromium-levels-cinnamon-applesauce-pouches-november-2023
3. https://www.mayoclinic.org/diseases-conditions/lead-poisoning/symptoms-causes/syc-20354717