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Friendly’s Ice Cream Lawsuit (Get the Latest 2024 Updates)

Our lawyers are investigating potential food poisoning lawsuits for people who developed a listeria infection, or listeriosis, after eating Friendly’s ice cream.
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If you or someone close to you has suffered injuries, it’s crucial to reach out to our legal team right away. You could be eligible for monetary restitution through a Friendly’s Ice Cream Lawsuit, and our attorneys are here to assist. For a No-Cost Confidential Case Review, simply click the button below or call us anytime, 24/7, toll-free at (866) 588-0600.

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A significant recall has been issued for various Friendly’s Ice Cream products due to potential contamination with Listeria monocytogenes.

Here’s a critical timeline of events related to this recall:

Date Event
June 24, 2024 Recall begins for Friendly’s Ice Cream products due to potential Listeria contamination.
May 20 – May 28, 2025 Affected product dates for Friendly’s Ice Cream items.

Affected Products

According to the FDA, Totally Cool, Inc., is recalling the following Friendly’s Ice Cream products over concerns that they may be contaminated with Listeria monocytogenes [1]:

  • Friendly’s 60 fl. oz. Celebration Ice Cream Cake
    • All dates between 05/20/2024 – 05/28/2025
    • Plant Codes: 24-65, 24-0065, 2465, 240065
  • Friendly’s 40 fl. oz. Strawberry Krunch Ice Cream Cake
    • All dates between 05/20/2024 – 05/28/2025
    • Plant Codes: 24-65, 24-0065, 2465, 240065

These products were distributed nationwide and are available in retail locations and through direct delivery.

Direct Action Steps for Consumers

  1. Check Your Freezer: Look for any Friendly’s Ice Cream products that match the abovementioned dates.
  2. Do Not Consume: If you have any of the recalled products, do not eat them.
  3. Dispose or Return: Either throw away the affected products or return them to the point of purchase for a full refund.
  4. Monitor Health: If you have consumed any of these products and are experiencing symptoms such as fever, headache, nausea, or abdominal pain, contact your healthcare provider immediately or dial 9-1-1.

Anyone concerned about a potential listeria food poisoning infection should contact their healthcare provider or dial 9-1-1 immediately.

This recall began on June 24, 2024.

What’s The Problem?

Dec. 17, 2019 – The U.S. Food & Drug Administration (FDA) recently found Listeria monocytogenes bacteria and inadequate sanitation while inspecting the Friendly’s ice cream plant in Wilbraham, Massachusetts, according to WWLP-22 News [2]. FDA’s Office of Human and Animal Food Operations on Nov. 22 sent Friendly a warning letter [3] after conducting the inspection.

FDA investigators found violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation, in addition to the presence of Listeria bacteria which matched the same strain from a 2017 inspection, the agency said in its warning letter.

Which Violations Were Found?

The FDA identified several serious violations during its inspections of the Friendly’s Ice Cream plant.

The following is a summary of the most critical safety violations and their potential health impacts:

Violation Description Potential Health Impact
8 Positive Listeria Swabs Eight environmental swabs tested positive for the same strain of Listeria monocytogenes. Risk of serious foodborne illness, particularly for vulnerable populations such as the elderly and immunocompromised.
Employee Hygiene Violations An employee did not wash, sanitize, or change gloves after handling scoop handles and opening boxes. Increased risk of cross-contamination leading to potential outbreaks of foodborne illness.
Facility Construction Issues The plant was not constructed to prevent contamination from drip or condensate from fixtures and pipes. Potential for environmental pathogens to contaminate food products, increasing risk of illness.
Improper Cleaning Practices Cake molds had food debris from previous use, and non-food contact surfaces were not cleaned adequately. Risk of contamination of food products leading to illness; failure to maintain sanitary conditions.
Inadequate Use of Equipment During Cleaning Employees used high-pressure hoses that caused overspray, risking contamination in food preparation areas. Increased likelihood of spreading pathogens in food contact surfaces, heightening food safety risks.

These critical safety violations highlight significant lapses in hygiene and safety practices at the Friendly’s Ice Cream plant. Listeria monocytogenes pose serious health risks, particularly for vulnerable populations.

Consumers should be vigilant regarding recalls and stay informed about food safety practices to protect their health. If you believe you have been affected by these violations, consider seeking legal counsel to explore your options for compensation.

Listeria Symptoms

Understanding the severity of symptoms associated with Listeria infection (Listeriosis) is crucial for timely intervention and treatment.
The following is a breakdown of symptoms categorized by severity, along with timelines for when to seek medical care:
Severity Level Symptoms Timeline Action
Mild Symptoms – Low-grade fever
– Headache
– Mild nausea
– Abdominal discomfort
24-48 hours post-exposure Monitor symptoms; typically self-limiting.
Moderate Symptoms – High fever (over 101°F)
– Severe headache
– Stiffness
– Nausea and vomiting
– Diarrhea
48-72 hours post-exposure Seek medical advice; may require treatment.
Severe Symptoms – Severe headache
– Stiff neck
– Confusion or altered mental status
– Respiratory distress
– Persistent vomiting
When symptoms worsen or do not improve after 72 hours Seek immediate medical care; could indicate severe infection.

Source: Mayo Clinic [4]

Specific Risk Factors for Vulnerable Populations

Certain groups are at higher risk for severe illness from Listeria infection:

  • Pregnant Women: Increased susceptibility can lead to miscarriage, stillbirth, or severe illness in newborns.
  • Elderly Individuals: Age-related immune system decline increases the risk of severe infections.
  • Immunocompromised Individuals: People undergoing cancer treatment, organ transplant recipients, and those with HIV/AIDS face heightened risks.
  • Infants: Newborns are particularly vulnerable to severe outcomes from Listeria infections.

Recognizing the severity of Listeria symptoms and understanding the associated risk factors can significantly impact health outcomes.

If you or someone you know is experiencing symptoms consistent with Listeriosis, especially in a high-risk group, it is vital to seek medical attention promptly. Early diagnosis and treatment are essential to prevent serious complications associated with this infection.
When considering legal action in response to the Friendly’s Ice Cream lawsuit, many individuals may wonder whether to pursue an individual case or join a class action.
Here are several compelling reasons why individual cases may be the better option:

1. Higher Potential Compensation

Personalized Claims: Individual cases allow for claims to be tailored to the specific circumstances of each plaintiff, which can lead to higher compensation amounts based on unique damages suffered.

2. Personalized Attention

Dedicated Legal Representation: In an individual case, you receive focused attention from your attorney, ensuring that your specific needs and concerns are addressed throughout the legal process.

3. Faster Resolution

Streamlined Process: Individual lawsuits can often move through the legal system more quickly than class actions, which may take longer to resolve due to the complexity of managing multiple plaintiffs.

4. Previous Successful Outcomes

Proven Track Record: Individual lawsuits have historically resulted in substantial settlements and verdicts for plaintiffs, particularly in cases involving foodborne illnesses and product recalls.

Essential Evidence to Strengthen Your Claim

To support your case against Friendly’s Ice Cream, it is essential to gather the following documentation:

  1. Purchase Receipts: Proof of purchase for the affected Friendly’s Ice Cream products.
  2. Medical Records: Document any medical treatment related to Listeria infection or symptoms.
  3. Proof of Diagnosis: Laboratory test results confirming a diagnosis of Listeriosis.
  4. Timeline of Consumption and Symptoms: A detailed account of when you purchased and consumed the affected products and a timeline of symptoms experienced.

What to Expect: Timeline for Case Evaluation

Understanding the steps in pursuing an individual lawsuit can help you prepare for the process.

Below is a timeline outlining what to expect:
Step Description Estimated Timeframe
1. Initial Consultation Meet with your attorney to discuss your case, review symptoms, and determine eligibility. 1-2 weeks
2. Required Documentation Gather necessary documents (purchase receipts, medical records, proof of diagnosis). 2-4 weeks
3. Case Evaluation Process Your attorney will evaluate the strength of your case based on collected evidence and applicable laws. 2-6 weeks
4. Filing the Lawsuit If you have a viable case, your attorney will file the lawsuit in the appropriate court. 1-2 weeks
5. Discovery Phase Both parties exchange information and evidence related to the case; depositions may occur. 3-6 months
6. Settlement Negotiation Your attorney will negotiate with the opposing party for a possible settlement before trial. 1-3 months
7. Trial (if necessary) If no settlement is reached, your case will proceed to trial where evidence is presented in court. Varies (can take several days)

By gathering the necessary documentation and understanding what to expect during the legal process, you can enhance your chances for a successful outcome.

If you believe you have been affected by this recall, consider contacting a qualified attorney for guidance on your legal options.

Can I File a Class Action?

Although Schmidt & Clark, LLP, is a nationally recognized class action firm, we have decided against this type of litigation when it comes to Friendly’s ice cream recall lawsuits. Our lawyers feel that if there is a successful resolution to these cases, individual suits, not class actions will be the best way to get maximum payouts to our clients.

If you suffered a food poisoning illness after eating Friendly’s ice cream, we know you’ve suffered emotionally and economically, and want to work with you personally to obtain the maximum compensation for the damages caused by your injuries. Contact us today to speak to an experienced food poisoning lawyer to learn more about your legal rights.

Related lawsuits:

See all related food poisoning lawsuits our lawyers have taken on.

FAQs

1. What Specific Violations Were Identified During the FDA Inspection of the Friendly’s Ice Cream Plant?

The FDA inspection of Friendly’s Ice Cream plant identified violations including inadequate cleaning practices, improper storage conditions, and cross-contamination risks, all of which contributed to unsafe manufacturing processes.

2. What Should Consumers Do if They Have Purchased the Recalled Friendly’s Ice Cream Products?

Consumers who purchased the recalled Friendly’s Ice Cream products should immediately stop consumption, check recall notices for product details, and contact the retailer for a refund or dispose of the products safely.

3. How Does Schmidt & Clark, Llp Handle Friendly’s Ice Cream Lawsuits Differently From Class Action Suits?

Schmidt & Clark, LLP approaches Friendly’s Ice Cream lawsuits with personalized legal strategies, focusing on individual claims and maximizing compensation, unlike class action suits which often yield smaller, shared settlements.

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

Do I Have a Friendly’s Ice Cream Lawsuit?

The Food Poisoning Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Friendly’s Ice Cream Lawsuits. We are handling individual litigation nationwide and currently accepting new listeria cases in all 50 states.

If you or a loved one got sick after eating Friendly’s Ice Cream, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.

References:

  1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/totally-cool-inc-recalls-all-ice-cream-products-because-possible-health-risk
  2. https://www.wwlp.com/news/local-news/hampden-county/fda-issues-warning-letter-after-finding-listeria-inadequate-sanitation-at-friendlys-ice-cream-plant-in-wilbraham/
  3. https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/friendlys-manufacturing-and-retail-llc-590821-11222019
  4. https://www.mayoclinic.org/diseases-conditions/listeria-infection/symptoms-causes/syc-20355269

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