Tuna Recall Lawsuit | Get the Right Lawyer

Which Products are Affected by the Tuna Recall?

According to a Recall Notice from the U.S. Food and Drug Administration (FDA) [1], this action affects the following products, which were distributed to retail stores as follows:

• H-E-B label – Texas
• Trader Joe’s label – Delaware, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Virginia, Washington D.C., and Wisconsin
• Genova 7 oz. – Costco in Florida and Georgia
• Genova 5 oz. – Harris Teeter, Publix, H-E-B, Kroger, Safeway, Walmart, and independent retailers in Alabama, Arkansas, Arizona, California, Florida, Georgia, North Carolina, New Jersey, Tennessee, and Texas
• Van Camp’s label – Walmart and independent retailers in Pennsylvania, Florida and New Jersey

“This voluntary recall is out of an abundance of caution following the notification from our supplier that the “easy open” pull tab can lid on limited products encountered a manufacturing defect that may compromise the integrity of the product seal (especially over time), causing it to leak, or worse, be contaminated with clostridium botulinum, a potentially fatal form of food poisoning,” FDA said. “Consumers are warned not to use the product even if it does not look or smell spoiled.”

Botulism Symptoms

Botulism is a rare but serious illness caused by Clostridium botulinum bacteria, which produce toxins that attack the nervous system. Symptoms typically appear 12 to 36 hours after exposure but can take up to 10 days in some cases.

Early Symptoms (Common in All Types of Botulism)

• Blurred or double vision
• Drooping eyelids
• Slurred speech
• Difficulty swallowing
• Dry mouth
• Muscle weakness

Symptoms by Type of Botulism
1. Foodborne Botulism
Occurs when consuming contaminated food (often improperly canned or processed food items). Symptoms include:

• Nausea and vomiting
• Abdominal cramps
• Diarrhea or constipation
• Difficulty breathing as paralysis spreads

2. Wound Botulism
Happens when C. botulinum infects a wound (common in intravenous drug users). Symptoms include:

• Fever
• Swelling or redness at the infection site
• Weakness spreading from the wound

3. Infant Botulism
Affects babies under 12 months, often linked to honey consumption or environmental exposure. Symptoms include:

• Poor feeding and weak sucking
• Lethargy (appearing “floppy”)
• Constipation (one of the first signs)
• Weak cry and difficulty breathing
• Severe Symptoms (Medical Emergency)
• Progressive paralysis starting from the face and moving down
• Difficulty breathing due to respiratory muscle paralysis
• Loss of reflexes and muscle control

FDA Recommendation

If you purchased any tuna fish products that are affected by this recall, you should not eat them, and either discard them or return them to the point of purchase for a refund.

Anyone concerned about a potential botulism food poisoning illness should contact their healthcare provider or call 9-1-1 immediately.

This recall began on February 7, 2025.

Botulism Statistics

Global Incidence

Worldwide, botulism cases are uncommon. A comprehensive review identified 6,932 cases from 59 countries between 2000 and 2023, with a global case fatality rate of 1.37%. The incidence rates varied significantly, ranging from 0 to 8.04 cases per million people, with an average of 0.62 cases per million [2].

United States Statistics

In the United States, approximately 200 cases of botulism are reported annually. The majority of these are infant botulism cases, accounting for about 75% of the total.

In 2018, the Centers for Disease Control and Prevention (CDC) documented 242 botulism cases [3]:

• Infant Botulism: 162 cases (67%)
• Wound Botulism: 61 cases (25%)
• Foodborne Botulism: 18 cases (7%)
• Other: 1 case (<1%), identified as probable adult intestinal colonization

Infant botulism was most prevalent, with California reporting 38 cases and Pennsylvania 27. Wound botulism cases were primarily linked to drug injection, notably in California (44 cases) and Arizona (5 cases). Foodborne botulism cases were reported across nine states, with Alaska accounting for four cases.

European Union/European Economic Area (EU/EEA) Data

In 2021, the EU/EEA reported 82 confirmed botulism cases, translating to a notification rate of 0.02 cases per 100,000 population. Denmark had the highest rate at 0.10 cases per 100,000, followed by Romania (0.06) and Italy (0.05). Notably, 19 out of 30 reporting countries reported zero cases that year.

Mortality Rates

Historically, botulism had a high mortality rate, with fatalities in up to 60% of cases. Advancements in medical care and the availability of antitoxins have significantly reduced this rate to around 11%.

Related Article: Tuna Loin Recall Lawsuit

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Free Case Evaluation: Again, if you got sick after eating recalled tuna products, you should contact our law firm immediately. You may be entitled to a settlement by filing a lawsuit and we can help.

References:
1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/tri-union-seafoods-issues-recall-select-genovar-van-campsr-h-e-b-and-trader-joesr-tuna-cans-due
2. https://www.liebertpub.com/doi/10.1089/hs.2023.0081
3. https://www.cdc.gov/botulism/php/national-botulism-surveillance/2018.html#:~:text=In%202018%2C%20health%20departments%20reported,as%20probable%20adult%20intestinal%20colonization