If you or a loved one became seriously ill, experienced botulism symptoms, or required hospitalization after consuming uneviscerated smoked split herring, you may be entitled to pursue compensation through a foodborne illness lawsuit.
At Schmidt & Clark, LLP, we are dedicated to helping individuals harmed by contaminated food products. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
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Table Of Contents
- What’s the Problem?
- Latest Smoked Herring Updates
- Smoked Herring Lawsuit Statistics
- FDA Reports and Statistics
- Smoked Herring Injuries & Side Effects
- Do You Qualify for a Smoked Herring Lawsuit?
- Smoked Herring Recall Information
- Statute of Limitations for Smoked Herring Lawsuits
- FAQs
- Get Your Free Smoked Herring Lawsuit With Our Lawyers
What’s the Problem?
Legal claims allege that P. East Trading Corp. distributed smoked herring that was not eviscerated properly, increasing the risk of Clostridium botulinum contamination and serious foodborne illness.
FDA and state inspections found the product exceeded safe internal standards, posing a botulism hazard.
No confirmed illnesses are reported yet, but early botulism symptoms—such as difficulty breathing and blurred vision—can escalate quickly.
The FDA issued a recall alert on June 10, 2025, removing the product from Connecticut, New Jersey, and New York retail shelves.
Latest Smoked Herring Updates
- June 12, 2025 – Retailers Food Bazaar, Key Food, Ideal Food Basket and others began recalling the herring after FDA and NY State Agriculture confirmed botulism risk [1].
- June 11, 2025 – P. East Trading Corp. issued an alert on social media indicating uneviscerated herring could contain Clostridium botulinum spores.
- June 10, 2025 – FDA announced the recall (Lot 1 PRC5073) of salted smoked split herring over 5″ due to botulism contamination risk [2].
- June 9, 2025 – NY State food inspectors first identified the uneviscerated herring during random sampling, triggering confirmation tests.
Smoked Herring Lawsuit Statistics
- Units sold: Lee approx. hundreds of boxes in wooden 18‑lb batches in tri‑state area.
- Adverse events: No confirmed human illnesses yet, but risk is high based on FDA findings.
- Lawsuits filed: None at present, but potential for class action USDA cases is emerging.
- Recall recall cost: Product recalls, refunds, and disposal efforts likely cost tens of thousands per batch.
FDA Reports and Statistics
The FDA’s “Recalls, Market Withdrawals & Safety Alerts” page classified this as a foodborne illness hazard due to Clostridium botulinum found in uneviscerated fish over 5″.
Botulism risk in viscera is well-documented and can be 10× higher than in muscle tissue.
This alert comes amid rising botulism recalls: nearly 300 food alerts issued in the past 24 months, with 487 hospitalizations and 19 deaths in 2024 alone.
Smoked Herring Injuries & Side Effects
Consumers potentially face life-threatening symptoms if exposed:
- Botulism poisoning: Symptoms like weakness, double vision, difficulty breathing, speech/swallowing problems—onset within 12–36 hours.
- Neurological effects: Paralysis, respiratory failure.
- Gastrointestinal distress: Abdominal pain, constipation.
Do You Qualify for a Smoked Herring Lawsuit?
- You bought salted smoked split herring (Lot 1 PRC5073) sold in CT, NJ, or NY prior to June 10, 2025.
- You or a loved one consumed the product and later experienced botulism symptoms or required medical care.
- You retain purchase proof, packaging, or recall alerts.
- You have medical documentation linking the illness to herring consumption.
Evidence Required for a Smoked Herring Lawsuit
- Medical records: ER visits, hospitalization notes, botulism tests.
- Food evidence: Photo of packaging with lot number, store receipt, herring samples.
- Consumption timeline: Date/time of purchase and symptom onset.
- Incident report: Doctor statements linking symptoms to the product.
Damages You Can Recover
- Medical expenses: ER, ICU, antitoxin treatment.
- Lost wages: Time off for illness or family care.
- Pain & suffering: Physical and emotional impact.
- Punitive damages: Possible if gross negligence is found.
Similar botulism food cases have settled between $100,000 to $500,000+, depending on severity and liability.
Smoked Herring Recall Information
- Recall Date: June 10, 2025 – FDA alert for salted smoked split herring, Lot 1 PRC5073.
- Product Details: Uneviscerated salted smoked herring over 5″, in wooden 18-lb boxes.
- Affected Regions: Connecticut, New Jersey, New York retailers.
- Health Risk: Botulism from Clostridium spores in fish viscera.
- Consumer Action: Do not eat—return for refund and discard safely; alert posted on FDA and state websites.
Statute of Limitations for Smoked Herring Lawsuits
Foodborne illness claims vary by state, typically requiring filing within 1–3 years of symptom onset—for example, New York: 1 year; Connecticut: 3 years. Act fast to retain medical and purchase records.
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FAQs
1. How do I file?
Contact Schmidt & Clark—we’ll review medical and product info and file a foodborne illness claim.
2. What documentation is needed?
Medical records, proof of purchase, recall information, and doctor diagnosis.
3. Can I get compensation for fear of illness?
Likely not—physical illness and documented harm are required.
4. What damages are available?
Medical costs, lost income, emotional distress, and punitive damages.
5. How long does this take?
Typically 12–24 months to settle; trials may take longer.
6. What if I just ate it but got sick?
If doctor confirms botulism, you may be eligible—even without hospitalization.
7. Does FDA recall affect my lawsuit?
No—FDA actions support your case but don’t replace legal claims.
8. Will filing suit block refunds?
No—legal and refund processes run independently.
Get Your Free Smoked Herring Lawsuit With Our Lawyers
Time is limited to pursue legal action for botulism injuries. Many states have statutes of limitations as short as one year from the date of injury or discovery of your condition. Don’t risk losing your right to compensation.
Our firm offers the following services:
- Free, confidential case evaluations
- No upfront costs or fees
- Payment only if we win your case
References:
- https://www.yahoo.com/news/urgent-fish-recall-issued-over-182617772.html
- https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/p-east-trading-corp-distributors-issues-alert-uneviscerated-salted-smoked-split-herring-due