Products Liability – Food and beverages

Teething Biscuit

5 month old baby girl is teething on a "biter biscuit" when the biscuit becomes lodged in the baby's throat, causing the baby to choke to death.   The baby's family sues the biscuit manufacturer for defective design and failure to warn that the biscuits are not appropriate for babies. The manufacturer originally marketed the


Two and a half year old child sustained severe brain damage when a piece of marshmallow became lodged in the child's airway.   Child's mother sued marshmallow manufacturer on the ground that the marshmallow was dangerous and defective and contained no warning alerting of the aspiration danger to small children. Summary judgment in favor of

Salmonella Poisoning – Lasagna

Plaintiffs ate a commercially sold dish of lasagna, and thereafter, experienced severe nausea and vomiting, fever, diarrhea and general malaise.   The plaintiffs' condition was diagnosed as salmonella type food poisoning. Suit was brought against all manufacturers whose products were incorporated into the lasagna product, including cheese products, noodles and sauce.[83]

Baby Food Formula

A baby-food formula, deficient in chloride, caused the stunted growth of the plaintiff.   He also suffered from hearing loss, infections, and weak bones. The parents of the plaintiff learned of the deficiency in the product on a television news program.

Champagne Cork

Plaintiff was invited to a New Year's Eve party at the home of a friend, who had purchased a case of expensive champagne from a local retailer.   As his friend was removing the stopper from a bottle of the champagne in time to "ring in" the new year, the stopper shot out with great

Foreign Object in Cookie

An elderly matron was invited to a tea given by a local charity to raise funds for war orphans.   She took some cookies from a tray and as she was biting into the second cookie, she encountered a large foreign object and immediately began to gag and choke. She gagged violently for several minutes

Canned Peas Botulism

A housewife purchased a normal-looking can of peas at a local supermarket. She ingested a portion of the contents of the can.   Thereafter she became violently ill and had severe medical complications, necessitating surgery. It was found by the health authorities that the can was contaminated with botulin.

Soft Drink

While waiting in a barbershop for a haircut the plaintiff bought a Coca-Cola from a vending machine in the shop for ten cents.   Plaintiff sipped the coke, noticed something unusual about the taste, wiped the top and took another drink. He swallowed something solid. He looked in the bottle and saw a dead mouse.


Several college students became ill after eating their lunch in the college dormitory.   It was learned that they had Salmonella poisoning. The source of contamination was traced to tainted chicken which they were served that afternoon.

Canned Beets

Plaintiff was a 27-year-old laborer, who during his lunch break opened a can of beets which his wife had bought the day before at a local supermarket.   Hidden in the can of beets were several sharp pieces of shredded glass. The plaintiff, not noticing the presence of the glass in the can, bit into

Peanut Butter

A 6-year-old boy opened up a new jar of peanut butter to make a sandwich. After he ate the sandwich he complained of a scratchy feeling in his throat. Soon afterwards he began bleeding from the mouth.   Examination revealed that there were several splinters of glass imbedded in the peanut butter. The boy has


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