New York Applesauce Recall Lead Lawsuit in 2024

Quick Summary

• If you’re looking for insights into the ‘New York applesauce recall lead lawsuit,’ you’ve come to the right place. This legal action stems from a recall of applesauce products found to contain lead, which poses significant health risks, especially to children.
• In this article, we outline the recall’s critical aspects, its health implications, and the lawsuit’s implications for consumers and those considering becoming plaintiffs.
• If you or someone close to you has suffered from lead contamination due to applesauce, Schmidt & Clark LLP stands ready to support you. Our firm is celebrated for its expertise in representing plaintiffs, and our primary goal is to ensure that you receive the justice and financial restitution you are entitled to.

How S&C Can Help With Your Claim?

S&C can help with your claim by specializing in resolving high-exposure recalls, managing communications, and avoiding collateral litigation.

At S&C, our expertise is your peace of mind. Here’s how we streamline the recall process for you:

• Negotiating with government agencies and other businesses to clarify responsibilities during the recall.
• Crafting precise recall notices, developing strategic communication plans, and fulfilling reporting duties to federal agencies such as the CPSC, NHTSA, and FDA.
• Evaluating potential product liability cases for individuals harmed by defective products, targeting designers, manufacturers, and sellers for legal recourse.

Thus, should you or your family be impacted by the applesauce recall, these firms stand ready to assist you in steering through the legal complexities.

Applesauce Recall Lead Lawsuit

A spoonful of applesauce is typically a safe and healthy snack. Still, concerns arose when elevated lead levels were identified in certain batches of WanaBana Apple Cinnamon Fruit Purée fruit pouches, including Weis brand cinnamon applesauce.

The affected products that were recalled included these specific fruit puree and applesauce pouches. This discovery prompted caution among parents and raised questions about food safety standards.

The contamination was traced back to the cinnamon used in the applesauce supplied by an Ecuadorian company. The unsuspecting parents, who thought they were giving their children a healthy snack, were instead feeding them a cocktail of harmful substances.

What Is Apple Sauce Contamination?

Apple sauce contamination is a serious issue, particularly when it involves lead chromate – a substance found in the cinnamon of certain applesauce pouches targeted at children and imported from Ecuador.

Alarmingly, this contamination is suspected to be the result of deliberate adulteration, likely motivated by economic gain.

The FDA advised individuals who consumed the contaminated applesauce and exhibited elevated blood lead levels to seek healthcare for monitoring and potential supportive care. Despite the recall, the FDA has not found evidence of lead contamination extending beyond the specifically recalled cinnamon-containing products.

Reasons Behind The Recall

The recall was prompted by a case of lead poisoning in New York, which was associated with the nationwide recall of WanaBana Apple Cinnamon Fruit Puree applesauce products. The recall was directed after children were reported to be falling ill due to high lead concentrations in the applesauce.

According to the Food Quality & Safety, the contamination incident prompted a voluntary recall. Wanabana, the company involved in the recall, suspects that the implicated cinnamon, supplied by Negocios Asociados Mayoristas S.A. (Negasmart) from Ecuador, caused the elevated lead levels [1].

Following the recall, public health officials have been urging consumers to discard any remaining affected applesauce to prevent further lead poisoning. However, it’s worth questioning the extent of the recall’s impact.

According to the FDA’s 2024 notice, the recall’s ripple effect was felt far beyond New York’s borders. Investigations unearthed that the affected applesauce with high lead content had been distributed to 44 states in the United States. The recall of WanaBana apple cinnamon fruit puree pouches impacted markets outside of New York, including West Virginia, as the products were sold nationally through multiple retailers [2].

Even more concerning, the recalled applesauce products were distributed not only in the United States but also exported to countries such as Cuba and the United Arab Emirates.

Side Effects of The Applesauce Lead Poisoning

Common symptoms of lead poisoning in children include developmental delays, learning difficulties, irritability, appetite loss, weight loss, sluggishness, abdominal pain, and vomiting.

Children with lead toxicity may also experience fatigue, constipation, hearing loss, seizures, and engage in pica—eating non-food items.

According to the Mayo Clinic 2023 research, parents should promptly seek medical advice if a child shows symptoms like [3]:

• gastric distress
• fever
• rashes
• vomiting

Particularly after consuming a recalled product. In the event of potential lead exposure, seeking medical advice for a blood lead test is crucial for confirming lead poisonings and beginning any necessary treatment.

The consequences of consuming the tainted applesauce are anything but trivial. Lead exposure in children can lead to serious damage to the brain and nervous system, resulting in a range of issues encompassing impaired growth and development, learning and behavioral disorders, as well as hearing and speech problems.

Infants who are exposed to lead are at risk of experiencing premature birth, low birth weights, and inhibited developmental growth.

For children under the age of six, the accumulation of lead, a toxic metal and one of the heavy metals, in their bodies can lead to severe mental and physical developmental issues. In high concentrations, it can even be life-threatening.

There have been 90 confirmed cases of children with elevated blood lead levels due to consumption of contaminated children’s food products, which is a concerning example of elevated blood levels in young individuals.

The long-term consequences of lead poisoning in children can manifest as severe and persistent health problems, including developmental delays and lifelong health challenges that can cause them to face lifelong health challenges, especially for those who have suffered lead poisoning.

How Do You Qualify for an Applesauce Lead Lawsuit?

To qualify for an applesauce lead lawsuit, you must have consumed the contaminated product, been diagnosed with lead poisoning, or experienced related health issues, and be able to demonstrate that your lead exposure resulted specifically from consuming the tainted applesauce.

Legal actions might target the apple sauce producer, distributor, or vendor for product liability or negligence. While the process may seem overwhelming, the right legal guidance can facilitate smoother navigation.

The FDA, in collaboration with state and local partners, initiated an investigation into reports of children with elevated blood lead levels, indicating potential acute lead toxicity. The investigation led to the FDA issuing a safety alert and a firm – WanaBana – initiating a recall of their Apple Cinnamon Fruit Puree products in late October 2023 – U.S. Food & Drug Administration

The Status Of The Apple Sauce Lead Poisoning Litigation in New York

As the situation progresses, staying updated on the current status of the applesauce lead poisoning litigation in New York becomes essential.

Affected families in New York can take legal action by:

• Bringing individual civil lawsuits against WanaBana
• These cases specifically concern children impacted by lead poisoning from applesauce pouches

Individuals impacted by the lead-contaminated applesauce have the legal right to pursue action against responsible parties.

New York law works to protect consumers. Product liability in New York includes the legal responsibility that manufacturers, distributors, and retailers have to compensate consumers for injuries caused by defective or unsafe products.

To bring forth a product liability claim in New York, a plaintiff must prove:

1. That the product was defective
2. That the defect existed when it left the defendant’s control
3. That the defect caused the plaintiff’s injury while the product was used in an intended or foreseeable way.

Consumers have the right to be free from harm from products they purchase and can seek compensation for personal injury, property damage, and other losses caused by defective products.

Apple Sauce Lead Poisoning Settlement Amounts in New York

In previous cases, there is a history of securing substantial settlements in similar cases, such as a $305 million settlement in a lead paint case.

Settlements might include compensation for medical expenses, long-term care, pain and suffering, disabilities, decreased quality of life, and other damages.

Filing an Apple Sauce Lead Poisoning Lawsuit in New York

If you’re contemplating legal action, here are some pertinent details. The WanaBana Fruit Pouch Lead Poisoning Lawsuit page is designed to offer assistance to victims seeking to file a lawsuit for lead contamination exposure. Victims are advised to act swiftly due to the statute of limitations, which restricts the time frame for initiating legal proceedings.

It is recommended that victims engage an attorney with specialized experience in lead poisoning litigation to navigate defense strategies and affirm the link between lead exposure and health conditions.

Types of Evidence To Present

Constructing a robust case hinges on compelling evidence. In a lawsuit regarding contaminated WanaBana products leading to lead poisoning, presenting medical documentation such as blood test results indicating elevated lead levels can be crucial evidence.

Evidence of the absence of other environmental lead sources from the plaintiff’s residence can support their claim in a WanaBana lead poisoning lawsuit.

Proof of purchase and consumption of the recalled WanaBana products can serve as evidence in a lead poisoning lawsuit. To substantiate a claim in a food poisoning lawsuit, it is crucial to demonstrate the following:

• That the consumed food was contaminated
• The contamination caused illness
• The illness led to quantifiable damages such as medical expenses, lost income, and pain and suffering.

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

The statute of limitations for the applesauce lead poisoning lawsuit in New York is generally three years from the date of injury or from when the injury was discovered if it was not immediately apparent.

Suppose the cause of the injury due to exposure to harmful substances is discovered within five years of identifying the injury itself. In that case, the action can be filed within one year of discovering the cause.

Related Articles:

• Texas Applesauce Recall Lead Lawsuit
• Michigan Applesauce Recall Lead Attorney
• Georgia Applesauce Recall Lead Lawsuit

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

Get Your Free Consultation From New York Lead Poisoning Lawyers

If you or someone you care about has been affected by lead contamination from applesauce, Schmidt & Clark, LLP is ready to stand by your side. Our team is well-versed in such cases and is committed to guiding you through the legal maze. We’ll help illuminate your legal options and determine if you have a viable claim in the applesauce lead contamination case.

Our initial consultations are free, and our firm operates on a contingency fee basis—meaning we don’t get paid unless we win your case. Contact us for a detailed review of your situation concerning applesauce lead contamination.

Reference:

1. https://www.foodqualityandsafety.com/article/ecuadorian-cinnamon-supplier-identified-in-applesauce-related-lead
2. https://www.fda.gov/food/outbreaks-foodborne-illness/investigation-elevated-lead-chromium-levels-cinnamon
3. https://www.mayoclinic.org/diseases-conditions/lead-poisoning/symptoms-causes/syc-20354717