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WanaBana Lawsuit 2024 Update: FDA Blamed? (Get Facts Now)

Nearly 120 cases of lead poisoning in children have been linked to tainted cinnamon applesauce pouches manufactured in Ecuador and sold nationally at various retailers including Sam’s Club, Amazon, and Dollar Tree under the brand names WanaBana, Weis and Schnucks.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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Update: Chromium Found in Recalled Applesauce Pouches, FDA Said

January 8, 2024 – The FDA announced on Friday that it had found another metal contaminant in the recalled applesauce products that have been linked to hundreds of lead poisoning cases across the U.S. The recalled WanaBana LLC applesauce products and cinnamon collected from Ecuador-based Austrofood showed a “high level of chromium,” which has been linked to cancer in elevated dosages.

People who ate recalled products, especially if they had elevated blood lead levels, may have been exposed to chromium and should inform their healthcare provider so they can monitor health and provide supportive care, as needed,  the FDA said in its update.

Although the cinnamon applesauce pouches were recalled in mid-November, the agency is concerned that some of the products were sitting on store shelves of some Dollar Tree and Family Dollar stores as late as mid-December as lead poisoning cases continued to increase nationwide.

Lead Poisoning Outbreak Linked to Contaminated Applesauce: FDA Warning

According to the FDA, on October 31, 2023, WanaBana issued a nationwide recall for all of its apple cinnamon fruit puree pouches as part of an ongoing investigation into lead-contaminated food products by the U.S. Food and Drug Administration (FDA) [1].

As stated by the FDA, on November 9, WanaBana expanded its recall to include 2 additional products [2]:

FDA said the source of the contamination appears to be the cinnamon used to flavor the applesauce.

Lead Exposure Symptoms

Understanding the timeline of health impacts associated with lead exposure is crucial for recognizing the potential risks and necessary interventions.

The following is an overview of the immediate symptoms, short-term effects, long-term developmental impacts, ongoing monitoring needs, and future health concerns related to lead exposure, incorporating all provided details.

Immediate Symptoms

Children who are exposed to large amounts of lead may develop symptoms of acute lead poisoning, which can include:

  • Abdominal Pain: Discomfort or pain in the stomach area.
  • Constipation: Difficulty in passing stools.
  • Nausea: Feelings of sickness that may lead to vomiting.
  • Anemia: Weakness and fatigue due to a reduced red blood cell count.
  • Severe Neurological Symptoms: In extreme cases, children may experience seizures, encephalopathy (brain dysfunction), or coma.

Short-Term Effects

  • Asymptomatic Cases: Many children exposed to lead may have no apparent symptoms (asymptomatic). However, even low levels of lead have been linked to serious issues, including:
    • Learning and Behavior Problems: Serious learning disabilities and behavioral issues can manifest later in life.
    • Hearing and Speech Problems: Delayed language development and potential hearing loss.
    • Slowed Growth: Physical growth may be affected, leading to developmental delays.

Long-Term Developmental Impacts

Children exposed to lead are at risk for significant long-term developmental issues, which may include:

  • Lower IQ Levels: Research indicates that even low levels of lead exposure can result in decreased cognitive function.
  • Decreased Ability to Pay Attention: Children may struggle with attention span and focus in academic settings.
  • Underperformance in School: Academic challenges may arise as a result of cognitive impairments linked to lead exposure.

Ongoing Monitoring Needs

  • Regular Blood Testing: Children exposed to lead should undergo regular blood tests to monitor their lead levels and assess any potential health impacts.
  • Neuropsychological Evaluations: Ongoing assessments may be necessary to evaluate cognitive and behavioral functioning, particularly for those showing learning difficulties or behavioral issues.

Future Health Concerns

Experts have expressed alarm at the lead content in products like the WanaBana applesauce pouches, some of which have tested at more than 500 times the acceptable threshold.

Children reportedly consumed up to 6 pouches per day, increasing their risk. Future health concerns for children exposed to lead may include:

  • Chronic Health Issues: Increased risk of cardiovascular diseases and potential chronic kidney disease.
  • Mental Health Issues: Long-term cognitive impairments may also contribute to mental health challenges as children grow older.

 

FDA Says Lead Contamination in Applesauce Pouches May Have Been Intentional

The ongoing investigation by the FDA into the elevated lead levels found in WanaBana’s cinnamon applesauce pouches has raised serious concerns about potential intentional contamination.

Here’s a detailed exploration of this angle, including insights from FDA officials, economic motivations, supply chain investigations, international aspects, and regulatory process failures.

Intentional Contamination Angle

According to an email sent to Helio, the FDA continues to investigate the cause of elevated lead levels in recalled cinnamon applesauce pouches, which may have been an intentional act of contamination [3].

The FDA spokesperson confirmed that the agency is exploring the theory that the cinnamon used in these products may have been tainted due to economically motivated adulteration (EMA).

The spokesperson confirmed that the FDA is investigating the theory that cinnamon in the products may have been tainted as a result of economically motivated adulteration, which the agency describes as “when someone intentionally leaves out, takes out, or substitutes a valuable ingredient or part of a food.”

So far all of the signals we’re getting lead to an intentional act on the part of someone in the supply chain and we’re trying to sort of figure that out,  said FDA Deputy Commissioner for Human Foods Jim JonesMy instinct is they didn’t think this product was going to end up in a country with a robust regulatory process. They thought it was going to end up in places that did not have the ability to detect something like this.

Supply Chain Investigation

The FDA’s investigation has extended into the supply chain of WanaBana’s products:

  • Ingredient Sourcing: Investigators are tracing the origins of the cinnamon used in the applesauce pouches to identify where contamination may have occurred.
  • Supplier Audits: The agency examines supplier practices and conducts audits to ensure compliance with safety standards and regulations.

International Investigation Aspects

The investigation is not limited to domestic sources:

  • Global Supply Chains: Given that many food products contain ingredients sourced internationally, the FDA assesses whether foreign suppliers contributed to the contamination.
  • Collaboration with Foreign Regulatory Agencies: The FDA is working with international counterparts to track down sources of contaminated cinnamon and ensure that similar issues do not arise elsewhere.

Regulatory Process Failures

The situation highlights potential failures in regulatory processes:

  • Inadequate Pre-Market Testing: The lack of rigorous testing protocols before products reach consumers has raised concerns about how such high lead levels went undetected initially.
  • Response Coordination: While the FDA issued recalls and public health alerts following reports of contamination, critics argue that more proactive measures could have prevented widespread exposure.
  • Consumer Awareness: The incident underscores the need for improved communication strategies to inform consumers about potential hazards associated with food products.

The investigation into WanaBana’s cinnamon applesauce pouches reveals troubling insights into intentional contamination and economic motivations that can compromise food safety.

As the FDA continues its work, it emphasizes the importance of stringent regulatory practices and consumer protection measures to prevent future incidents.
This case serves as a critical reminder for manufacturers and consumers about the necessity of vigilance in food safety standards.

North Carolina Family Sues WanaBana After Extreme Levels of Lead Found in Daughter’s Blood

The Goolsby family’s experience with lead poisoning serves as a powerful example for other families facing similar health risks.
Here’s a timeline of their discovery, medical testing, health impacts, and Heather Goolsby’s poignant reflections:

1. Initial Blood Test:

For months, the Goolsby family from Wake Forest, North Carolina, was in a panic after high levels of lead were found in their baby daughter’s blood.

During a mandatory checkup program for 1-year-old children, the lead content of their daughter’s blood was measured at 20 mcg/dLAccording to the lawsuit, a normal level should be under 3.5 mcg/dL.

2. Home Visits by Health Officials:

Following the alarming blood test results, local Health and Human Services (HHS) officials visited the Goolsbys’ home several times. They thoroughly tested water, soil, air, clothing, paint, and vehicles to identify the source of the lead contamination.

3. FDA Recall Announcement:

The turning point came when the FDA issued its WanaBana Apple Cinnamon Fruit Puree recall. The Goolsbys realized that they had fed dozens of these pouches to their daughter, confirming their fears about the source of the contamination.

4. Lawsuit Filed:

Within days of the recall announcement, Eric and Heather Goolsby filed a lawsuit against WanaBana, proposing to make it a class action. They aimed to hold the manufacturers accountable for their negligence in allowing lead-contaminated products to reach consumers.

Medical Testing

Following the initial discovery of lead in their daughter’s blood, the Goolsby family underwent extensive medical testing:

  • Follow-Up Blood Tests: Their daughter received additional blood tests to monitor her lead levels.
  • Health Assessments: The family sought evaluations from pediatricians and toxicologists to understand the potential long-term effects of lead exposure on their child’s health.

Specific Health Impacts

The elevated lead levels have raised concerns about various health impacts for their daughter:

  • Cognitive Development: Lead exposure can adversely affect cognitive development in children, potentially leading to learning disabilities and behavioral issues.
  • Physical Health Risks: Long-term exposure to lead can result in anemia, kidney damage, and other serious health conditions.

Goolsby said the lawsuit is not about the money; it’s about warning families and holding the manufacturers accountable for their negligence.

The Goolsby family’s case highlights the critical need for vigilance regarding product safety and the potential risks associated with consumer goods.

Their experience serves as a powerful reminder for other families to be proactive in monitoring their children’s health and advocating for accountability from manufacturers.

I go back and forth between feeling guilty that I fed her this, and it had lead in it, and angry that this company sold me this product that I thought was safe, Goolsby said.

What are WanaBana Lawsuits Alleging?

The legal grounds for the WanaBana lawsuit involve several key claims related to product safety and consumer protection.

Below is a detailed breakdown of these claims, incorporating critical information about the company’s practices and their impact on consumers.

1. Product Liability Claims

WanaBana can be held liable for producing and distributing a product that is unsafe for consumption due to elevated lead levels.

The packaging of recalled WanaBana applesauce claims the product is healthy for children, containing only fruit and “no added sugar.” This creates the impression that the product is safe for young consumers.

However, the product’s labeling does not warn of potential lead contamination. Without adequate warnings, a reasonable consumer would not expect a product marketed as healthy to contain any level of lead toxicity.

2. Negligence Specifics

  • Failure to Warn: WanaBana’s negligence in not including a safety warning about potential lead contamination has endangered the lives of developing children.
  • Inadequate Testing:
    • The company failed to conduct proper testing for heavy metals, allowing lead contamination to reach the market.
    • This negligence suggests a lack of adherence to essential consumer safety protocols, prioritizing profit over the well-being of families.
  • Impact: By neglecting their duty to test and warn adequately, WanaBana not only put children at risk but also financially benefited from misleading consumers about the safety of their products.

3. False Advertising Claims

  • Misleading Marketing:
    • WanaBana advertised its applesauce as a healthy choice for children, promoting it as a product made with “only fruit” and no additives, creating a false sense of security for parents.
    • The absence of warnings on the packaging contradicts the image of health and safety that the company projected.
  • Certifications Used as Marketing Tools:
    • WanaBana’s website displays numerous certifications from international product safety organizations. These certifications further reinforced the perception of the product’s safety, even though it failed to meet health standards.

4. Misrepresentation of Safety Certifications

  • Certification Concerns: The misleading display of safety certifications on WanaBana’s website implies compliance with health regulations that were not followed.
  • Regulatory Findings:
    • The FDA’s discovery of lead contamination exposes WanaBana’s failure to meet safety standards despite the company’s public claims.
    • This misrepresentation adds to the perception of corporate negligence and deceit.

5. Damages Available

  • Monetary Compensation: Plaintiffs may seek reimbursement for medical expenses incurred from lead exposure, including blood testing and related healthcare costs.
  • Health Monitoring Programs:
    • Establishing a lead-testing program for early detection of lead-related health issues among affected children is a key demand in the lawsuit.
    • This proactive measure aims to provide long-term support to impacted families.
  • Emotional Distress: Families may also claim compensation for the emotional toll caused by uncertainty and fear regarding their children’s health due to the exposure.
  • Corporate Accountability: By pursuing these damages, plaintiffs aim to ensure companies like WanaBana face financial repercussions for prioritizing profit over safety.

The legal claims against WanaBana cover product liability, negligence, false advertising, misrepresentation of safety certifications, and significant damages sought by affected families.

The company’s failure to warn consumers about lead contamination in a product marketed as healthy highlights critical gaps in corporate accountability and consumer safety practices.

As litigation advances in 2024, this case underscores the importance of holding manufacturers accountable for safeguarding public health, especially when their actions disproportionately affect children.

What You Should Do if Your Purchased Recalled WanaBana Applesauce

The U.S. Centers for Disease Control and Prevention (CDC) is warning consumers not to eat any recalled apple cinnamon fruit puree pouches. Discard them immediately or return them to the point of purchase for a refund.

Consult your physician about getting a blood test for lead if your child or other loved one may have consumed recalled WanaBana applesauce. Healthcare providers and most local health departments can test for lead in the blood. Many private insurance policies cover the cost of testing for lead in the blood.

Essential Documentation for Your WanaBana Lead Poisoning Case

If you or your child have been affected by the WanaBana lead contamination, gathering the right documentation is critical.

Prove Your Purchases: Receipts That Matter

Gather receipts for all WanaBana Apple Cinnamon Fruit Puree pouches you purchased, noting dates and locations. These receipts confirm exposure to the recalled products and establish your claim.

Medical Records That Speak Volumes

Collect all medical records detailing visits related to lead exposure, including initial doctor assessments, treatment plans, and follow-ups. These documents help link health impacts to the contaminated products.

Blood Test Results: The Key Evidence

Ensure you have copies of blood test results showing elevated lead levels. These results are the cornerstone of your case, demonstrating the harm caused by lead exposure.

Consumption Logs: Tracking Exposure

Keep a detailed log of how many WanaBana pouches your child consumed, with dates and frequency. This information helps illustrate the extent of exposure and potential health risks.

Proof of Disposal: Show Responsibility

If you discarded the recalled products, take photos or document when and how you disposed of them. This evidence can demonstrate your response to the recall and reinforce your case.

Visual Evidence: Photographs of Products

Take clear pictures of any remaining WanaBana products, ensuring labels, expiration dates, and batch numbers are visible. These photos serve as vital proof in legal proceedings.

By gathering receipts, medical records, blood test results, consumption logs, proof of disposal, and photos of the recalled products, you can present a compelling case in the WanaBana lead poisoning lawsuit.

FAQs

What types of health issues are associated with Wanabana products?

Health issues associated with Wanabana products may include allergic reactions, gastrointestinal problems, and other adverse effects caused by contaminants or undisclosed ingredients in the product.

How can consumers determine if their Wanabana product is part of a recall?

Consumers can determine if their Wanabana product is part of a recall by checking recall notices issued by the company or regulatory agencies, which typically include product names, batch numbers, and specific details about the issues.

Can I join a class action lawsuit if I was affected by Wanabana products?

Yes, individuals affected by Wanabana products may join a class action lawsuit if one is available. Class action lawsuits allow multiple plaintiffs to combine their cases, providing a stronger collective legal action against the manufacturer.

How can a lawyer assist in a Wanabana lawsuit?

A lawyer can assist by evaluating your case, gathering evidence, filing legal claims, negotiating settlements, and representing you in court. Their expertise ensures you receive fair compensation for your injuries and associated damages.

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See all related product liability lawsuits our attorneys covered so far.

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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 WanaBana Lawsuits. We are handling individual litigation nationwide and are currently accepting new food poisoning cases in all 50 states.

Again, if your child or other loved one developed symptoms of lead poisoning, or was otherwise sickened in any way after eating recalled applesauce products, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and our lawyers can help.

References:

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/wanabana-issues-voluntary-recall-wanabana-apple-cinnamon-fruit-puree-pouches-due-elevated-lead

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/wanabana-recalls-wanabana-weis-and-schnucks-apple-cinnamon-fruit-puree-pouches-cinnamon-apple-sauce

https://www.healio.com/news/pediatrics/20231219/fda-lead-contamination-of-applesauce-pouches-may-have-been-intentional

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