Soy Nut Butter Recall Lawsuit

What’s the Problem?

March 6, 2017 - The U.S. Food & Drug Administration (FDA) [1] and California Department of Health [2] are warning people not to eat any I.M. Healthy SoyNut Butter products after they were linked to a nationwide E. coli outbreak that has sickened at least a dozen people. This recall affects the following products:

• 15-ounce plastic jars of I.M. Healthy Original Creamy SoyNut Butter
• Individual portion cups of I.M. Healthy Original Creamy SoyNut Butter
• 4-pound plastic tubs of I.M. Healthy Original Creamy SoyNut Butter
• Dixie Diner's Club brand Carb Not Beanit Butter
• Yogurt Peanut Crunch Bars with the brand name 20/20 Life Styles

As of Sunday, at least 12 people in 5 states had been infected with the E. coli poisoning outbreak strain STEC O157:H7. According to the CDC [3], 11 of the 12 confirmed victims are under the age of 18. CDC is warning child care centers in particular to check for any unused SoyNut Butter and discard it securely so that no children or animals can get to it.

“CDC recommends that consumers do not eat, and childcare centers, schools, and other institutions do not serve, any I.M. Healthy brand SoyNut Butter varieties and sizes, or I.M. Healthy brand granola coated with SoyNut Butter,” the agency said. “Even if some of the SoyNut Butter or granola was eaten or served and no one got sick, throw the rest of the product away.”

Of the 12 confirmed victims, 6 have required hospitalization and four have developed hemolytic uremic syndrome (HUS), a type of kidney failure, according to the CDC.

Victims have been confirmed in five states: Arizona, California, Oregon, Maryland, and New Jersey. The recalled soy nut butter was distributed across the U.S.

Of the 9 victims for whom information was available, all had eaten I.M. Healthy SoyNut Butter products before getting sick, according to the CDC. The first confirmed illness began on Jan. 6, with the most recent confirmed victim on Feb. 15.

Virginia Woman Sues Target, Distributors Over Contaminated Soy Butter

October 2, 2019 - A woman from Virginia who claims she developed permanent kidney damage from an E. coli infection caused by tainted soy butter has filed a lawsuit against Target Corp. and 2 of its distributors for $75 million in damages, according to Law360 [4].

Plaintiff Jamie Hunstad alleges that she was one of about 30 people who were sickened by E. coli in soy butter produced by SoyNut Butter Co. and Dixie Dew Products Inc. in late 2016.

Hunstad was hospitalized and subsequently diagnosed with hemolytic uremic syndrome, a type of kidney failure. She claims to have suffered permanent kidney damage from the incident, and "is forecast to require a lifetime of medical treatment and therapies, including kidney transplantation," according to the lawsuit.

The case is Jamie Hunstad v. Target Corp. et al., case number 1:19-cv-01155, in the U.S. District Court for the Eastern District of Virginia.

SoyNut Butter Co. Files for Bankruptcy Amid E. Coli Outbreak

May 17, 2017 - Glenview, Illinois-based SoyNut Butter Co. has filed for bankruptcy after an E. Coli outbreak linked to its soy nut butter products sickened at least 32 people in a dozen states.

Stephen Grubb, President and majority shareholder of SoyNut Butter Co., listed some victims of the E. coli outbreak as creditors with “unknown” amounts owed to them in a Chapter 7 filing in U.S. Bankruptcy Court in Illinois, according to the Chicago Tribune [5].

The bankruptcy filing effectively puts lawsuits filed by E. coli victims on hold for the time being. Insurance coverage held by SoyNut Butter Co. and Dixie Dew Products will total about $12 million and can only be used to compensate outbreak victims, not other creditors, assuming the manufacturer also declares bankruptcy.

If both SoyNut Butter Co. and Dixie Dew Products go bankrupt, retailers who sold E. coli-tainted products could also be liable to victims. Those include Target, Amazon, and other major retailers.

FDA Stops Distribution of Dixie Dew Soy Nut Butter

March 31, 2017 - No food products may be distributed from the Dixie Dew Products facility in Erlanger, Kentucky, because they may be contaminated with E. coli, according to a warning from the U.S. Food & Drug Administration (FDA) [6].

Dixie Dew Products had been contracted by I.M. Healthy as the manufacturer of the soy nut butter associated with a multi-state outbreak of E. coli O157:H7 that has sickened at least 29 people in 12 states since January.

The CDC announced on Thursday that it had continued to receive reports of illnesses in people who had eaten recalled soy nut butter products [7].

CDC reported 6 new E. coli infections, bringing the total to 29 sickened in the outbreak. Twenty-four of those illnesses occurred in children under the age of 18.

At least 12 patients have been hospitalized for complications of E. coli, including 9 who developed hemolytic uremic syndrome.

The investigation has revealed that nearly all of those sickened reported "either eating I.M. Healthy brand SoyNut Butter at home (15 people) in the week before they became ill, attending a facility that served I.M.

Healthy brand SoyNut Butter (2 people), or attending childcare centers that served I.M. Healthy brand SoyNut Butter and I.M. Healthy brand granola coated with SoyNut Butter" in the week before their symptoms began.

Yogurt Peanut Crunch Bars Recalled Over E. Coli SoyNut Butter Concerns

March 27, 2017 - Pro Sports Club is recalling 36,957 Yogurt Peanut Crunch Bars because they include SoyNut Butter that may be contaminated with E. coli, according to the FDA [8]. Affected products were sold over the Internet and at PRO Sports facilities in Washington (Bellevue, Redmond, and Seattle cities) from Aug. 8, 2016, to Mar. 10, 2017.

California Couple Alleges E. Coli from I.M. Healthy SoyNut Butter

March 17, 2017 - A new lawsuit has been filed against the SoyNut Butter Company of Illinois by a husband and wife who allege E. coli poisoning from I.M. Healthy SoyNut Butter.

According to the lawsuit (PDF), Plaintiffs Kelli and Derek Vanderby of Sonoma County, California, purchased I.M. Healthy SoyNut Butter, with Kelli consuming it regularly in the days before her E. coli illness developed.

On or about Jan. 20, Kelli developed severe gastrointestinal symptoms including bloody diarrhea which got worse over the next few days. On Jan. 23, she was admitted to Petaluma Valley Hospital, where she was diagnosed with an E. coli O157:H7 infection.

She remained hospitalized until Jan. 27, and her recovery is ongoing as she faces uncertain future medical complications, according to the lawsuit.

As in previous lawsuits filed over E. coli from soy nut butter, the recent complaint names “John Doe Manufacturer” as a defendant to force the actual manufacturer of the contaminated soy nut butter.

The lawsuit was filed on March 16, 2017, in the Northern District of Illinois, Eastern Division, under case number 1:17-cv-02055.

Oregon Confirms 2 Children with E. Coli from I.M. Healthy SoyNut Butter

March 9, 2017 - Oregon health officials are the first to confirm E. coli in I.M. Healthy SoyNut Butter after testing product taken from the home of 2 children who are among the victims in an expanding nationwide outbreak.

The two children confirmed with E. coli in Oregon are siblings, both under the age of 18. They were not hospitalized, did not develop hemolytic uremic syndrome, and are currently recovering, according to state health officials.

Parents of 8-year-old E. Coli Victim Sue SoyNut Butter Co.

March 7, 2017 - The first lawsuit filed against the SoyNut Butter Co. over an expanding E. coli outbreak seeks compensation for the injuries of an 8-year-old boy who was hospitalized for 25 days and continues to suffer adverse health complications.

According to the lawsuit, the victim is one of 12 people in 5 states who developed an infection of the outbreak strain E. coli O157:H7 after eating I.M. Healthy SoyNut Butter.

The complaint was filed Monday in federal court in Illinois by California residents Mosby and Erin Simmons on behalf of their son, Trevor, against the SoyNut Butter Company of Glenville, Illinois. Plaintiffs are accusing the company of negligence, breach of warranty, and a strict product liability lawsuit.

Trevor, who regularly ate I.M. Healthy SoyNut Butter in his home, became ill with food poisoning on Jan. 25, according to the lawsuit. His symptoms progressed and he was taken to a hospital on Jan. 30 and transferred to Lucile Packard Stanford Children’s Hospital in Palo Alto 3 days later, where his E. coli infection was diagnosed.

The boy was treated with dialysis and blood transfusions for hemolytic uremic syndrome (HUS), and released after 25 nights of hospitalization, according to the lawsuit. The complaint also states that at least 5% of children who develop HUS go on to develop long-term kidney damage.

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See the other food poisoning lawsuits our attorneys have covered.

Do I Have a Soy Nut Butter Recall 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 soy nut butter lawsuits. We are handling individual litigation nationwide and currently accepting new E. coli infection cases in all 50 states.

Again, if you developed symptoms of food poisoning after eating soy nut butter, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.