Michigan Applesauce Recall Lead Lawsuit

Quick Summary

• The discovery of lead in Michigan applesauce has led to an urgent recall and a class-action lawsuit, which could entitle affected consumers to financial compensation. This article provides essential information on the recall, the health implications of consuming lead-tainted applesauce, and how to navigate the legal landscape to seek justice.
• 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 a dedicated legal team that can significantly alter the course of your lead poisoning crisis.

We can provide:

• Clarity, support, and expertise throughout the legal process
• Guidance every step of the way, from filing lawsuits to collecting evidence and establishing liability
• Ensuring you successfully claim compensation

While the legal process can seem daunting, experienced lawyers navigate these complexities effortlessly, representing clients in negotiations or in court.

We understand that victims of lead poisoning from applesauce pouches are often entitled to compensation for pain and suffering, medical expenses, long-term care, and other losses.

Applesauce Recall Lead Lawsuit

At the heart of the matter is the Michigan Applesauce Recall Lead Lawsuit, which includes products from multiple brands. These brands, including WanaBana apple cinnamon fruit puree pouches, Schnucks-brand cinnamon-flavored applesauce pouches, and Weis-brand cinnamon applesauce pouches were flagged due to concerns about elevated lead levels.

The recall has sent ripples through the baby food industry, with both baby food manufacturers and consumers expressing alarm and concern over various baby foods, particularly foods including baby food products.

The Food and Drug Administration (FDA) investigations revealed alarming findings. Elevated lead levels were detected in various applesauce pouches, leading to voluntary recalls by manufacturers.

According to the FDA 2023 notice, the investigation was triggered when children with elevated blood lead levels were linked to the consumption of WanaBana’s Apple Cinnamon Fruit Puree products, which led to a voluntary recall by WanaBana in late October 2023 [1].

Further investigations discovered more items with elevated lead levels, particularly in cinnamon applesauce pouches under the brands WanaBana, Schnucks, and Weis. The FDA received over 200 reports of potential adverse events related to these cinnamon applesauce pouches, with 90 confirmed cases of children experiencing elevated blood lead levels due to consumption of the contaminated products.

What Is Apple Sauce Contamination?

Apple sauce contamination is essentially the presence of harmful substances, such as lead, within the product, which in this particular scenario, was linked to lead chromate contamination. This is a critical health concern, especially considering the vulnerability of young children to the toxic effects of lead and chromium exposure.

Lead chromate has been illegally used in the past to adulterate certain spices, including cinnamon, which could potentially contaminate food products made with these spices. Regulatory limitations exist for the FDA in taking direct action against foreign ingredient suppliers who are not shipping directly to the United States, which can affect the monitoring and prevention of contaminated food imports.

The implications are far-reaching and underscore the importance of strict regulations and scrutiny in the food manufacturing industry.

Reasons Behind The Recall

The recall of these applesauce products was initiated due to the alarming findings of lead contamination. The contaminated cinnamon products were potentially sold at Dollar Tree stores, Family Dollar, Save a Lot, and Patel Brothers.

The recalled products include WanaBana apple cinnamon fruit puree pouches, Schnucks-brand cinnamon-flavored applesauce pouches, and Weis-brand cinnamon applesauce pouches from La Fiesta, Marcum, MK, SWAD, Supreme Tradition, and El Chilar brands.

The source was traced back to cinnamon used in the products, supplied by Negocios Asociados Mayoristas S.A., known as Negasmart in Ecuador. This revelation not only led to recalls but also prompted the FDA to issue a safety alert advising against the consumption of certain ground cinnamon products and to work with the spice industry to implement safety measures.

Beyond specific incidents, potential sources of lead contamination in the industry include contaminated soil, processing equipment, and food additives or ingredients. This highlights the need for stringent monitoring and regulation of all aspects of food production and manufacturing to ensure consumer safety.

Side Effects of The Applesauce Lead Poisoning

Lead exposure can lead to both acute and chronic symptoms, including:

• Headaches
• Abdominal pain
• Vomiting
• Anemia
• Irritability
• Lethargy
• Muscle aches
• Constipation
• Difficulty concentrating

The effects are severe and wide-ranging, impacting various systems in the body.

Perhaps most concerning is the impact on children. In children, lead exposure can:

• Damage to the brain and nervous system
• Slow growth and development
• This leads to learning and behavior problems
• Cause hearing issues
• Result in speech complications

There is no known safe blood lead level for children, which underscores the gravity of the situation.

Newborns exposed to lead before birth may experience premature birth, lower birth weight, and slowed growth. Most children with lead in their blood do not show immediate symptoms, making it challenging to recognize lead poisoning without specific testing.

How Do You Qualify for an Applesauce Lead Lawsuit?

To qualify for an applesauce lead lawsuit, you must have consumed the contaminated products, experienced adverse health effects, specifically from consuming cinnamon applesauce pouches from WanaBana, and possess documentation that confirms elevated blood lead levels.

Additionally, individuals who have experienced adverse health effects after consuming contaminated applesauce, such as developmental delays or lead poisoning, and have received medical treatment or monitoring, could be eligible for litigation.

Families whose children have been exposed to toxic levels of lead in applesauce pouches and face long-term health complications may file lawsuits seeking compensation for damages.

The Status Of The Apple Sauce Lead Poisoning Litigation in Michigan

The ongoing litigation in Michigan involves numerous claims from affected individuals, property owners, and business owners. As of December 2023, the U.S. Centers for Disease Control and Prevention had received reports of at least 287 confirmed, probable, and suspected cases of elevated blood lead levels associated with the applesauce pouches across 37 states.

On October 30, 2023, WanaBana USA issued a nationwide recall of Apple Cinnamon Fruit Purée pouches due to elevated levels of lead.

There are currently 205 cases of lead poisoning being investigated by health authorities across 33 states. These cases have been linked to contaminated applesauce, according to an FDA update from December 19, 2023. Additional brands of applesauce products, including those from Schnuck and Weis, were also recalled due to the risk of lead poisoning.

Apple Sauce Lead Poisoning Settlement Amounts in Michigan

Settlement amounts in Michigan’s lead poisoning cases vary considerably. They reflect the severity of injuries and the long-term impact on the affected individuals. Legal actions concerning lead contamination in apple sauce products are ongoing, and parents have initiated lawsuits against the manufacturers.

In prior legal actions, a settlement of $600 million was reached for the residents of Flint, Michigan, to resolve claims against the state related to the water supply contamination, which included exposure to lead.

Michigan has seen a range of settlement amounts awarded for lead poisoning cases, with some of the highest settlements reaching $1.4 million for a child with behavioral and learning difficulties.

When it comes to seeking compensation, it’s not just about the monetary value; it’s about justice for the victims and their families. AustroFood is offering reimbursement for lead testing up to $150 for consumers who have purchased the recalled cinnamon-flavored applesauce products.

Compensation for lead poisoning in Michigan often involves the liability insurance of the property owner or landlord, indicating that attorneys endeavor to discover all possible sources to secure complete compensation.

Filing an Apple Sauce Lead Poisoning Lawsuit in Michigan

Taking that step to file a lawsuit can seem daunting, but understanding the process can help alleviate some of that stress. Claimants in lead poisoning cases in Michigan receive a notification about the status of their claim along with information on the next steps and any deadlines through a letter from the Claims Administrator.

Court-appointed lawyers may engage with claimants by taking actions such as establishing a probate estate for claimants who have passed away or petitioned for a legal ‘Next Friend’ to represent minors in court.

Types of Evidence To Present

In a lead poisoning claim, evidence is crucial.

This evidence can come in various forms, including:

• Medical records documenting the diagnosis of lead poisoning
• Photographic, video, or CCTV footage showing the location and manner of lead exposure
• Witness statements from colleagues or others who observed the exposure
• Financial records and receipts that detail the monetary losses incurred due to lead poisoning

All of these forms of evidence can support a lead poisoning compensation claim or lawsuit, as well as those related to other toxic metals.

In a lawsuit related to water contamination, plaintiffs are required to present the following essential documents:

• Medical records: These are used to establish the presence of a health condition caused by contamination.
• Housing records: These confirm the plaintiff’s residence in the affected location.
• Bills for repairs or medical expenses: These can be presented as evidence of financial losses incurred due to the contamination.
• Military service records (e.g. DD Form 214): These are crucial for specific cases like Camp Lejeune water contamination, as they establish the dates and location of service which correspond with the contamination exposure period.

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

The statute of limitations for the applesauce lead poisoning lawsuit in Michigan is generally three years from the date of injury. It’s important to note, however, that this period may be subject to extension under special conditions. For instance, if the injured party is a minor, the statute of limitations is usually prolonged until six months following their 18th birthday.

The legal timeframe for filing a product liability claim begins at the point of injury and extends for three years, as per Michigan law. Michigan Compiled Laws (MCL) 600.5827 determines the accrual of a product liability claim to be the time when the wrongful action occurred, regardless of when the actual damage is realized.

Related Articles:

• Baby Food Toxic Metals Lawsuit
• Green Sprouts Sippy Cup Lead Exposure Lawsuit

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

Get Your Free Consultation From Michigan Lead Poisoning Lawyers

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

Our attorneys are well-versed in such cases and are ready to navigate you through every stage of the legal process. We are committed to providing clear insights into your legal options and evaluating your potential for filing a lead contamination lawsuit.

Our initial consultations are free of charge, and our fees are contingent on winning your case. You can count on us to offer you the compassionate and dedicated representation we would seek for our own family members. Contact us for a detailed analysis of your applesauce lead contamination issue.

Reference:

1. https://www.fda.gov/food/outbreaks-foodborne-illness/post-incident-response-activities-elevated-lead-and-chromium-levels-cinnamon-applesauce-pouches