The Product Safety & Liability Reporter™ provides updates on significant developments and issues in product safety and liability litigation and regulation, plus analysis from top litigators. Get...
Sept. 8 — Tropical Smoothie Cafe LLC should be ordered to notify customers of their possible exposure to hepatitis A in strawberry smoothies served between January and August, according to a class action complaint filed in a Georgia state court Sept. 2 ( Kiker v. Tropical Smoothie Cafe, LLC , Ga. Super. Ct., No. 2016CV279710, filed 9/2/16 ).
Two classes are proposed in the complaint: One for all persons in the U.S. who consumed food at the restaurants, and another to compensate customers who develop the virus.
Named plaintiff Samantha Kiker, of Roswell, Ga., says she decided to get a vaccination after she “consumed food products from Tropical Smoothie Cafe LLC that contained strawberries between January 2016 and August 2016.”
She also contends Tropical Smoothie Cafe “concealed, and then only partially disclosed, the fact that its foods were contaminated with Hepatitis A,” depriving customers of a two-week window within which a vaccination would be effective.
A spokeswoman for Tropical Smoothie Café declined to comment.
The action is the third filed over the outbreak, which the the U.S. Food and Drug Administration traced to strawberries imported from Egypt. Two other suits, including a would-be class action seeking compensation for required vaccinations, are pending against the company in Virginia.
Tropical Smoothie Cafe, based in Atlanta, recalled all of the suspect strawberries Aug. 8, and switched to another supplier for all of its restaurants, according to the Centers for Disease Control and Prevention.
The CDC’s Sept. 8 update on the outbreak states: “Information available at this time does not indicate an ongoing risk of hepatitis A virus infection at Tropical Smoothie Cafes.”
The outbreak total may grow larger still because hepatitis A symptoms may develop as long as 50 days after exposure, according to the CDC.
The first cases were reported in Virginia in early August, and the outbreak has since sickened at least 89 people in seven states, according to the CDC.
Of those cases, 70 were in Virginia as of Sept. 8, with other cases in Maryland (10), New York (1), North Carolina (1), Oregon (1), West Virginia (5) and Wisconsin (1), the CDC said.
Hepatitis A is a highly contagious liver disease usually transmitted by ingestion of even microscopic amounts of fecal matter; by contact with an infected person; or by consumption of contaminated objects, food or drinks.
To contact the reporter on this story: Steven M. Sellers in Washington at Steven M. Sellers
To contact the editor responsible for this story: Steven Patrick at email@example.com
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)