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Illinois Applesauce Recall Lead Lawsuit (2024 Update)

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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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If your child or other loved one developed symptoms of lead poisoning, or was otherwise sickened after eating recalled applesauce products, you should contact our law firm immediately. You may be entitled to compensation by filing an Apple Sauce Recall Lawsuit and our lawyers can help. Please click the button below for a Free Confidential Case Evaluation or call us toll-free 24 hrs/day by dialing (866) 588-0600.

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Quick Summary

  • The Illinois applesauce recall lead lawsuit reflects a serious public health scare. Applesauce products have been found to have dangerous lead levels. Brands like WanaBana and Weis are at the heart of this legal storm, with Illinois consumers looking for answers and justice.
  • If you’ve been affected by this recall, our article provides critical insights into the health risks posed by these products and the ensuing legal battles to help you understand your next steps.
  • If you or someone close to you has suffered from lead contamination due to applesauce, Schmidt & Clark, LLP is at your service. With a distinguished track record 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 guiding you through the complexities of a product recall lawsuit. Suppose you’re feeling anxious about your child’s health, confused by legal jargon, or daunted by the gravity of the situation. In that case, S&C’s reputation for advice and representation ensures that your concerns are thoroughly addressed.

If your child has consumed the recalled applesauce and is experiencing health issues, it’s crucial first to seek medical attention.

Following this, S&C can provide comprehensive assistance to ease your burden:

  • We’ll help you gather and organize the necessary medical records and evidence to substantiate your claim
  • Our team will take charge of the legal complexities, allowing you to focus on your child’s recovery
  • With our advocacy, we’ll work tirelessly to secure the compensation you deserve for your rights and well-being

Applesauce Recall Lead Lawsuit

The applesauce recall lead lawsuit in Illinois revolves around certain brands and products found to contain elevated levels of lead. These include cinnamon-flavored applesauce pouches, including the popular WanaBana apple cinnamon fruit puree and Weis cinnamon applesauce pouches.

The lead contamination in these products poses significant health risks, particularly to children, who are most vulnerable to lead’s harmful effects.

The FDA detected high lead levels in samples of these products, prompting immediate action. Investigations revealed that the contamination was linked to adulterated cinnamon used within these products. Shockingly, this act of alteration was allegedly done to increase profits, demonstrating a shocking disregard for consumer safety.

Specifically, the following recalls were made due to concerns about lead contamination:

  • WanaBana recalled its Wanabana apple cinnamon puree, which was sold in apple cinnamon fruit puree pouches
  • Schnucks recalled its cinnamon-flavored applesauce pouches and variety packs containing these flavors
  • Weis recalled its cinnamon applesauce pouches

The recall extends beyond just the brands and products; it also involves the venues where these products were sold. The contaminated WanaBana apple cinnamon fruit pouches were available for purchase nationally. Therefore, the scope of the issue isn’t restricted to a single region or state; it could potentially impact consumers nationwide.

The products were not limited to high-end grocery stores or niche markets either. They found their way into numerous retailers, from local grocery stores to several Dollar Tree stores and online outlets. This extensive reach implies a potentially large number of consumers who have been affected by the recall.

What Is Applesauce Contamination?

Applesauce contamination is when applesauce products have been compromised by the presence of dangerous substances, such as lead, posing significant health risks to consumers, especially when ingested over time.

The FDA believes the contamination was intentional, possibly for economic gain. The agency found that lead chromate was added to the cinnamon used in the applesauce production to increase weight and color. This shocking revelation underscores the need for stringent food safety measures and industry accountability.

Reasons Behind The Recall

According to Food Quality and Safety, the recall was initiated due to the detection of high levels of lead and chromium in certain cinnamon applesauce pouches sold [1]. The implicated cinnamon used in the manufacturing of the recalled applesauce products was supplied by Negocios Asociados Mayoristas S.A., known as Negasmart, based in Ecuador.

The contamination of the applesauce was suspected to be economically motivated adulteration, where lead chromate was potentially added to the spices to enhance weight and color.

The U.S. Food and Drug Administration (FDA) and Ecuadorian authorities collaboratively investigated the source of contamination, confirming that the ground cinnamon from Negasmart displayed high levels of lead.

Side Effects of The Applesauce Lead Poisoning

There have been at least 16 cases in Illinois linked to the recall of cinnamon applesauce pouches with elevated lead levels. The cases span a wide age range, with victims as young as infants to as old as 53 years, with the majority being around one year of age.

In addition to lead, the FDA has also found chromium in the recalled cinnamon apple sauce pouches. These levels are high enough to pose serious health risks to children, including developmental issues and damage to the nervous system. It’s a grim reminder of the dangerous consequences of food contamination.

Lead poisoning doesn’t just have immediate effects; it can also have long-term health impacts, especially in children.

Immediately after exposure, children may experience symptoms such as:

  • headaches
  • abdominal pain
  • vomiting
  • anemia

They may also face difficulty concentrating and suffer from nervous system damage.

The long-term effects of lead exposure are even more concerning. Chronic health issues such as:

  • developmental delays
  • learning disabilities
  • behavioral problems
  • further damage to the nervous system can arise.

In some cases, children exposed to lead may also suffer from hearing and speech problems. It’s a sobering reminder of the lifelong consequences of lead poisoning.

Children younger than 6 years are especially vulnerable to lead poisoning, which can severely affect mental and physical development – Sandhya Pruthi, M.D., Family Physician at the Mayo Clinic Comprehensive Cancer Center, Rochester, Minnesota

How Do You Qualify for an Applesauce Lead Lawsuit?

To qualify for an applesauce lead lawsuit, you must have documented proof that you or your child consumed the specific products implicated in the recall.

These products include the WanaBana Apple Cinnamon Fruit Puree Pouches, Schnucks Cinnamon Flavored Applesauce Pouches, Weis Cinnamon Applesauce Pouches, or any other product that has been recalled due to contamination concerns.

But consuming the product alone is not enough. You must also have confirmed elevated lead levels in your or your child’s blood. If you meet these criteria, you may qualify to join the lawsuit. Individuals suffering from lead poisoning due to contaminated products can bring a product liability lawsuit to seek financial compensation for both economic and non-economic losses.

The Status Of The Applesauce Lead Poisoning Litigation in Illinois

The litigation process for the applesauce lead poisoning case in Illinois is complicated. Several lawsuits against the manufacturers of the tainted products have been filed. The lawsuits include class actions and personal injury claims, all aimed at holding the manufacturers accountable for their negligence and seeking compensation for the victims.

Of particular note is the case against WanaBana, which is facing multiple lawsuits in response to its products causing elevated lead levels in children. The company is currently contesting a motion to return a lawsuit to state court over its cinnamon-flavored applesauce pouches, which allegedly contained lead.

Currently, lawsuits are being filed against the producers of the tainted applesauce pouches in the wake of reports about children suffering from lead poisoning. WanaBana LLC and WanaBana USA LLC are contesting a motion to return a lawsuit to state court. They argue that they met all requirements for the case to remain in federal jurisdiction due to citizenship diversity.

There has also been a nationwide class action lawsuit filed in response to the recall of cinnamon-flavored applesauce pouches. The recall was initiated due to high lead levels in the product. The lawsuit seeks monetary compensation and a health monitoring program to help those affected by the recall.

The Illinois Department of Public Health is actively investigating the elevated lead levels found in the recalled apple cinnamon applesauce pouches. This is a critical step in understanding the extent of the contamination and formulating a response.

In conjunction with local health departments and other local efforts, the FDA is inspecting the manufacturing site in Ecuador as part of the FDA’s coordinated outbreak response to the lead contamination. This collaborative effort signifies a broader, international response to the issue, suggesting potential economic motivations behind the contamination.

Applesauce Lead Poisoning Settlement Amounts in Illinois

As the lawsuits progress, you may be wondering about potential settlement amounts. The truth is that settlement amounts can vary greatly depending on the extent of damages and individual circumstances. However, victims are seeking answers and compensation through lawsuits, which could result in significant payouts.

The lawsuits affect WanaBana’s Apple Cinnamon Fruit Purée Pouch, Schnucks’ 90g Cinnamon Apple Sauce pouches, and Weis’ 90g Cinnamon Apple Sauce.

The health issues that can result from lead poisoning from these products include developmental delays, learning disabilities, and nervous system damage. Such severe health issues underscore the potential for substantial settlement amounts.

Filing an Applesauce Lead Poisoning Lawsuit in Illinois

To file a lawsuit, you’ll need to gather the necessary evidence, which can include medical records, product purchase receipts, and documentation of lead exposure. Consult with legal professionals to explore your options for filing a lawsuit and obtaining financial restitution for damages caused by the contaminated products.

Types of Evidence To Present

The evidence you present can significantly impact your case when filing a lawsuit. Medical records, including a blood test showing elevated blood lead levels, can be used as evidence in a lead poisoning lawsuit. Documentation of symptoms related to lead poisoning can also support a lead exposure claim.

Evidence may also include:

  • Proof of purchase or possession of the recalled fruit pouches
  • Communications with a healthcare provider concerning lead exposure
  • Any received public health alerts or notifications regarding the recall

These can be part of your evidence collection.

What Is the Statute of Limitations for the Applesauce Lead Poisoning Lawsuit In Illinois?

The statute of limitations for the applesauce lead poisoning lawsuit in Illinois is typically two years from the date of the injury. However, the law does allow for certain exceptions, such as when the injured party is a minor at the time of exposure, the defendant is out of state, or the plaintiff has a disability, which may extend this period.

It’s also important to note that Illinois law specifies a statute of repose for product liability cases that requires lawsuits to be filed within 12 years of the date a product is first sold. These time limits underscore the importance of taking prompt legal action if you suspect you or your child has been affected by the contaminated applesauce.

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Have you or a loved one suffered food poisoning from consuming contaminated food or beverages?

Get Your Free Consultation From Illinois Lead Poisoning Lawyers

The legal experts at Schmidt & Clark, LLP are at your side in these difficult times. Should you or someone you care about be impacted by lead in applesauce products, we encourage you to get in touch. Our seasoned attorneys specialize in such matters and will navigate you through every step of the legal process.

We provide clear insights into your legal options and evaluate your potential for filing a lead contamination lawsuit. Our initial consultation is free of charge, and our fees are contingent on winning your case.

You can trust that our commitment to your case is as personal as our commitment to our family members. Contact us for a detailed review of your applesauce lead contamination issues.

Reference:

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

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