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Jeni’s Splendid Ice Cream Recall Lawsuit (Latest Updates)

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Based in Columbus, OH, Jeni’s Splendid Ice Creams is initiating a widespread recall of all its ice cream products—including frozen yogurts, sorbets, and ice cream sandwiches—due to the potential presence of listeria monocytogenes. This dangerous bacterium poses serious health risks.

Listeria can lead to severe foodborne illnesses, particularly affecting vulnerable populations such as pregnant women, newborns, the elderly, and individuals with weakened immune systems.

With the recall affecting a broad range of products, consumers must be aware of the risks and take immediate action to ensure their safety.

Understanding the gravity of this situation is essential for safeguarding your health and your loved ones.

Free Jeni’s Splendid Ice Cream Recall Lawsuit Evaluation: If you or a loved one developed symptoms of food poisoning after eating Jeni’s Splendid Ice Cream, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit against the manufacturer, and our lawyers can help.

Jeni’s Ice Cream Recall Timeline

  • April 2024

Listeria was discovered in Jeni’s ice cream sample by the Nebraska Department of Agriculture.

  • April 29, 2024

Jeni’s announces the recall of all ice cream products and the closure of scoop shops.

  • May 26, 2024

FDA investigation reveals inadequate pathogen controls at Jeni’s plant.

  • June 11, 2024

Jeni’s closes plants again after finding Listeria in its facility.

Update: Jeni’s Ice Cream Recalled for Listeria Contamination

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

  • 3.5 fl oz Chocolate Silk Pie Ice Cream Sandwiches — All codes between 23205 and 24144 — plant codes 24-65, 24-0065, 2465, 240065
  • 3.5 fl oz Key Lime Pie Frozen – Dessert — All codes between 23205 and 24144 — plant codes 24-65, 24-0065, 2465, 240065
  • 3.5 fl oz Mint Chocolate Truffle Pie Ice Cream Sandwiches — All codes between 23205 and 24144 — plant codes 24-65, 24-0065, 2465, 240065
  • 3.5 fl oz Triple Berry Tart Pie Ice Cream Sandwiches — All codes between 23205 and 24144 — plant codes 24-65, 24-0065, 2465, 240065

The recalled ice cream can be identified by comparing the date and plant information on the product. Cool has halted distribution of the above products pending an investigation into the source of the contamination.

Consumers who have recalled Jeni’s Ice Cream in their possession are urged to return it to the place of purchase for a full refund.

What’s the Problem?

The issue arose when a sample of Jeni’s Splendid Ice Cream, randomly collected by the Nebraska Department of Agriculture (NDA), tested positive for listeria monocytogenes. This dangerous bacterium can lead to severe foodborne illnesses.
Listeria contamination can occur during ice cream production if proper sanitation practices are not followed, particularly when raw ingredients are processed, or equipment is inadequately cleaned.
This bacterium thrives in cold environments, making ice cream a potential medium for its growth.
Listeria is particularly dangerous because it can cause serious health complications, especially in vulnerable populations such as pregnant women, newborns, the elderly, and individuals with weakened immune systems.
The company is ceasing all sales and closing its scoop shops until a thorough investigation can be completed to ensure consumer safety.

We have called in experts to help us find the root cause,” said John Lowe, CEO of Jeni’s Splendid Ice Creams. “We will be working with our suppliers to determine if the bacteria was introduced by one of the ingredients we use. We will not reopen the kitchen until we can ensure the safety of our customers.

Customers who have purchased recalled items are advised to discard or return them for a full refund. If you experience symptoms of food poisoning, it’s crucial to contact your doctor immediately for guidance.

Source of Outbreak Unknown

The Jeni’s ice cream recall and a similar recall issued over potential listeria contamination by Brenham, TX-based Blue Bell Creameries raise questions about how the bacteria could have contaminated different manufacturing plants – and whether the recalls are connected.

The outbreaks are unusual because listeria rarely contaminates ice cream. After all, the bacterium can’t survive at freezing temperatures.

Jeni’s to Destroy 265 Tons of Ice Cream

April 29 – Jeni’s Splendid Ice Creams announced today that it will destroy more than a half million pounds of ice cream due to its products testing positive for listeria.

According to CEO John Lowe, that amount of ice cream is enough to fill 15 semi-truck trailers and will cost Jeni more than $2.5 million to dispose of.

FDA Uncovers Problems with Listeria Cleanup at Jeni’s Ice Cream Plant

May 26 – According to Law 360, an FDA investigation of Jeni’s Splendid Ice Cream plant in Columbus, OH, revealed inadequate pathogen controls and cleanliness practices in the wake of last month’s nationwide recall [2].

The agency cited at least 11 ‘inspectional observations’ which included numerous failures by Jeni’s regulatory manager and director of operations, including being unaware that employees weren’t sanitizing freezers and that towels used as sanitizing wipes didn’t contain any sanitizer.

Jeni’s Closes Plants After New Listeria Outbreak

June 11 – According to the New York Times, Just weeks after re-opening, Jeni’s Splendid Ice Creams has again shut down its Ohio-based production facility and retail locations after finding listeria in its factory [3].

Jeni is still uncertain as to how the bacteria got inside the plant, according to a statement by CEO John Lowe, but the company is investigating the matter. “We have a theory and are testing that theory,” Lowe said.

Listeria Symptoms to Watch For

If you suspect you may have been exposed to listeria monocytogenes, you must be aware of the symptoms associated with listeriosis.

Common symptoms include:

  • Fever: Often accompanied by chills, this is one of the most common signs of infection.
  • Muscle Aches: General discomfort or pain in the muscles can occur.
  • Nausea and Vomiting: These gastrointestinal symptoms may manifest soon after exposure.
  • Diarrhea: Some individuals may experience diarrhea as a symptom.
  • Headache: A persistent headache can also be a sign of listeriosis.

Symptoms can appear anywhere from a few days to several weeks after exposure, making it crucial to remain vigilant if you have consumed potentially contaminated products.

As Jeni’s Splendid Ice Cream recall unfolds, affected consumers may have legal recourse to seek compensation for any health issues or damages incurred due to potential listeria contamination.

Here are the types of damages individuals might be able to claim:

  1. Medical Expenses: Consumers who experience illness as a result of consuming contaminated ice cream may seek compensation for medical bills related to diagnosis, treatment, and recovery from listeriosis.
  2. Lost Wages: If the illness requires time off work, individuals may claim lost income due to their inability to perform job duties during recovery.
  3. Emotional Distress: Victims may also pursue damages for emotional trauma caused by the incident, including anxiety or fear related to food safety.
  4. Punitive Damages: In cases where negligence is evident, punitive damages may be sought to punish the company and deter similar behavior.

How To Avoid Listeria Food Poisoning?

Most cases of listeria infection can be avoided by following basic food preparation standards. Cook food thoroughly, clean all surfaces, separate prepared from uncooked food, and refrigerate leftovers. Refrigerators should also be periodically cleaned.

Listeria can survive a long time, even on inorganic surfaces, so if the bacteria gets into your refrigerator, it can contaminate exposed food repeatedly.

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FAQs

What should I do if I purchased Jeni’s Splendid Ice Cream that is part of the recall?
If you purchased Jeni’s Splendid Ice Cream that is part of the recall, you should not consume it. Instead, dispose of the product safely or return it to the place of purchase for a refund. It’s also important to monitor your health for any signs of foodborne illness and seek medical attention if you experience symptoms.

Can I file a lawsuit if I became ill after consuming Jeni’s Splendid Ice Cream?
Yes, if you became ill after consuming Jeni’s Splendid Ice Cream that was part of the recall, you may have grounds to file a lawsuit against the manufacturer or distributor. You could seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the illness.

What evidence is needed to support a lawsuit related to the Jeni’s Splendid Ice Cream recall?
To support a lawsuit related to the Jeni’s Splendid Ice Cream recall, you would need evidence such as proof of purchase, medical records documenting the illness, laboratory test results confirming the presence of Listeria, and any recall notices or documentation from the manufacturer.

How do I know if the Jeni’s Splendid Ice Cream I purchased is part of the recall?
You can determine if the Jeni’s Splendid Ice Cream you purchased is part of the recall by checking the product’s batch number, expiration date, and other identifying information provided in the recall notice. This information can typically be found on the product packaging or by contacting the store where it was purchased.

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

Do I Have a Jeni’s Splendid 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 Jeni’s Splendid Ice Cream Recall Lawsuits. We are handling individual litigation nationwide and currently accepting new listeria food poisoning lawsuits in all 50 states.

Free Jeni’s Ice Cream Lawsuit Evaluation: Again, if you or a loved one was diagnosed with listeria after eating Jeni’s Splendid Ice Cream, you should contact our law firm immediately. You may be entitled to compensation by filing a food poisoning lawsuit and our lawyers can help.

References:

  1. https://www.fda.gov/media/179567/download?attachment
  2. https://www.law360.com/articles/659411/fda-report-finds-flaws-in-jeni-s-listeria-response
  3. http://www.nytimes.com/2015/06/13/business/jenis-ice-cream-finds-listeria-again-and-closes-its-facilities

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