South Carolina Applesauce Recall Lead Lawsuit (2024 Update)

Quick Summary

• If you’ve been affected by the South Carolina applesauce recall due to lead contamination, you may be entitled to rights that could impact your health and legal standing.
• This article on the South Carolina Applesauce Recall Lead Lawsuit details the actions of families seeking compensation and justice, the health risks associated with the lead-tainted products, and the legal system’s response to this critical matter.
• If you or a loved one has suffered from lead contamination due to applesauce, the legal team at Schmidt & Clark, LLP, is prepared to support you. With a reputation for excellence in representing plaintiffs, our goal is to ensure you receive the justice and financial restitution you are due.

How S&C Can Help With Your Claim?

S&C can help with your claim by guiding affected families through the complexities of the legal aftermath of a product recall. You don’t have to navigate this challenging time alone.

At Schmidt & Clark, LLP, our lawyers offer comprehensive legal representation to individuals exposed to lead through contaminated WanaBana products, ensuring manufacturers are held accountable.

Here’s how we can assist:

• Providing expert legal advice and representation in product liability lawsuits
• Filing individual lawsuits on your behalf, whether in federal or Florida state courts
• Pursuing strict liability claims against manufacturers for lead contamination

Applesauce Recall Lead Lawsuit

The unexpected discovery of lead in applesauce prompted the South Carolina Department of Health and Environmental Control (DHEC) to initiate a statewide removal of cinnamon applesauce pouches. This action was part of a larger, nationwide recall by the FDA, targeting several brands of children’s cinnamon applesauce pouches due to excessive lead levels.

WanaBana and Weis were the primary brands involved in this recall, which was identified in the South Carolina applesauce recall due to lead contamination. The recall underscores the urgent need for stringent product safety measures and highlights the potential risks lurking in our everyday foods.

What Is Applesauce Contamination?

Applesauce contamination is when harmful substances, such as lead, within applesauce products are present in applesauce and can pose serious health risks.

This became a harrowing reality for several families when high concentrations of lead were discovered in the WanaBana Apple Cinnamon Fruit Puree pouches, leading to a widespread product recall.

The initial red flag was raised by the Department of Health and Environmental Control (DHEC) after detecting lead in a sample of applesauce from a child’s consumption, signaling potential dangers in the product’s safety standards.

In response, the Food and Drug Administration (FDA) advised caregivers not to serve specific brands, including WanaBana, Schnucks, and Weis apple puree and applesauce products. The potentially elevated levels of lead posed a significant health risk, particularly to children, the product’s end consumers.

The products implicated in this recall include:

• WanaBana apple cinnamon fruit puree
• Weis brand cinnamon applesauce
• Schnuck brand cinnamon applesauce (sold primarily in the Midwest)
• Weis brand cinnamon applesauce (available in the Mid-Atlantic states)
• Cinnamon apple puree

Dollar Tree and Family Dollar/Dollar Tree combination stores nationwide stocked these affected pouches, indicating the broad scope of the potential lead contamination impact on families across the United States.

Reasons Behind The Recall

The recall of the applesauce products was initiated due to the detection of elevated levels of lead and chromium in the cinnamon used in these products, which prompted urgent action.

According to Food Quality and Safety, Negocios Asociados Mayoristas S.A., an Ecuadorian distribution company, supplied the tainted cinnamon [1]. The lead content in the cinnamon collected was significantly higher than the maximum level proposed by the international standard-setting body Codex Alimentarius Commission for bark spices.

As a result, Ecuadorian officials identified Carlos Aguilera, the processor of the ground cinnamon, as the likely source of contamination.

Side Effects of The Applesauce Lead Poisoning

Lead poisoning is a serious concern, particularly when it targets highly susceptible children under six years old. Their rapid growth and developing bodies make them particularly susceptible to lead exposure.

Lead exposure in children can result in significant health issues, including cognitive impairments, developmental delays, and behavioral problems. These concerns underscore the importance of the recall and the ensuing legal actions.

According to the Mayo Clinic 2022 research, the long-term effects of lead poisoning can be distressing and include [2]:

• Issues with learning
• Behavioral problems
• Hearing loss
• Growth delays

A blood lead test is crucial in identifying lead exposure. It measures the amount of lead in the blood and is essential for identifying lead exposure, which is often an invisible threat to the environment.

Initial screenings frequently use capillary tests involving a finger prick. Venous tests, which draw blood from a vein, more accurately confirm elevated lead levels. These tests are vital for evaluating children’s lead exposure, and many private health insurance policies, along with Medicaid, provide coverage for them.

The South Carolina Department of Health and Environmental Control (DHEC), responsible for disease control, has urged individuals to discuss blood lead testing with their healthcare providers and local health departments.

How Do You Qualify for an Applesauce Lead Lawsuit?

To qualify for an applesauce recall lead lawsuit, you must have ingested the contaminated product and have a diagnosis of lead poisoning or related health complications.

This means you’ll need to demonstrate that the consumption of the contaminated applesauce caused your lead exposure and related health complications. Legal action can be taken against the manufacturers, distributors, or retailers of the tainted applesauce for negligence or product liability.

Lead inhibits the bodies of growing children from absorbing iron, zinc and calcium, minerals essential to proper brain and nerve development – Agency for Toxic Substances and Disease Registry

The Status Of The Applesauce Lead Poisoning Litigation in South Carolina

Nicole Peterson has filed a civil lawsuit on behalf of her minor child against WanaBana and affiliated parties. The lawsuit also names Weis Markets Inc. and Dollar Tree Stores Inc. as defendants.

Nicole Peterson and Thomas Duong purchased WanaBana fruit pouches for their children, trusting the product’s ‘USDA Organic’ and ‘additive-free’ labels. Little did they know about the lead lurking in their children’s snacks, which later led to the recalled pouches.

The lawsuit alleges the following:

• The ingestion of the WanaBana applesauce resulted in their children having elevated levels of lead in their systems, with potential lifelong disabilities requiring constant medical monitoring.
• The defendants, including WanaBana and Dollar Tree, could have prevented this harm to consumers.
• Lead may have been intentionally added to the applesauce supply chain for economic benefits.

Applesauce Lead Poisoning Settlement Amounts in South Carolina

In lead poisoning cases, settlements can reach considerable amounts. For instance, a $6 million verdict was achieved for three individuals in Milwaukee who suffered from developmental delays due to lead exposure.

In California, a whopping $1.15 billion judgment was awarded to fund the removal of toxic lead paint from homes. These precedents indicate that settlement amounts in the applesauce lead poisoning lawsuit could be substantial, providing some measure of compensation for the harm suffered.

Filing an Applesauce Lead Poisoning Lawsuit in South Carolina

Those impacted by the applesauce recall may contemplate filing a lawsuit. Toxic lead exposure cases in South Carolina have led to lawsuits that have held companies accountable for promoting harmful lead-based products.

Types of Evidence To Present

The nature of evidence presented during lawsuit filing can significantly influence the case outcome. In lead poisoning cases, evidence may include the presence of lead in blood tests and medical diagnoses of related health issues, such as cognitive damage and learning disabilities.

The lawsuit filed in South Carolina involving children poisoned by lead from applesauce highlighted evidence including:

• The presence of lead and chromium in the product
• The children’s elevated blood lead levels
• Lead is absent in the parents’ systems as well as in the household water.

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

The statute of limitations for the applesauce lead poisoning lawsuit in South Carolina is three years from the date of the injury or death. It’s imperative to file within this period to ensure the claim is not barred by the statute of limitations defense.

This time limit underscores the urgency of taking legal action promptly. If you or a loved one has been affected by the applesauce recall, it’s vital to consult with a legal expert as soon as possible to understand your rights and options.

Related Articles:

• Arkansas Applesauce Recall Lead Attorney
• Louisiana Applesauce Recall Lead Lawsuit
• Illinois Applesauce Recall Lead Lawsuit

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

Get Your Free Consultation From South Carolina Lead Poisoning Lawyers

If you or someone close to you has been affected by the lead contamination in applesauce, Schmidt & Clark, LLP is ready to help. Our seasoned team is well-versed in navigating the complexities of such cases and is committed to guiding you every step of the way.

We’re here to illuminate your legal rights and determine if you’re entitled to pursue a lawsuit for the harm caused by applesauce lead contamination.

Benefit from our free consultation service; we operate on a contingency fee basis, meaning we only get paid when we win your case. You can trust us to handle your case with the attentiveness and compassion we offer our family members. Contact us for a comprehensive review of your applesauce lead contamination case.

Reference:

1. https://www.foodqualityandsafety.com/article/ecuadorian-cinnamon-supplier-identified-in-applesauce-related-lead-outbreak/
2. https://www.mayoclinic.org/diseases-conditions/lead-poisoning/symptoms-causes/syc-20354717