Liability for Packaged Goods Food Poisoning
In today’s industrial food production and distribution environment, it is not uncommon for consumers to become ill due to food poisoning from packaged goods. The real question in such instances is – who is responsible for causing harm to the consumer?
Foodborne diseases fall under product liability claims. The overarching principle of the doctrine of strict liability implies that any party involved in the manufacture, distribution, or sale of a commercial product that eventually causes injury can potentially be held liable. Any entity along the food distribution chain – from the original manufacturer or producer, a wholesaler, distributor, or the end-point retailer, can potentially be called to account in a liability packaged goods food poisoning case.
Estimating Liability
Despite the broad-reaching implications of the doctrine of strict liability, determining who exactly is liable for an instance of foodborne illness can be complex. A few factors have been commonly used as determinants of liability in such cases. For one, establishing that the food product was defective when it left the defendant’s hands plays a pivotal role in determining who is accountable. Additionally, liability often falls on the party who is best able to prevent the harm. This could mean the manufacturer, who might not have adhered to good manufacturing practices to ensure food safety standards, or the retailer, who might not have stored the product appropriately.
The Legal Landscape
Several federal agencies, such as the Food and Drug Administration (FDA), the United States Department of Agriculture (USDA), and the Centers for Disease Control and Prevention (CDC), play a critical role in regulating the food industry and enforcing the laws relating to food poisoning.
The FDA, for example, operates under the authority of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and a host of other federal laws. These include, but are certainly not limited to, the Food Safety Modernization Act (FSMA) and Public Law 101-535. These statutes provide that any food that is adulterated or misbranded under the terms defined by the legislation is considered illegal (FDA, 2019). The USDA, on the other hand, ensures that meat, poultry, and egg products, which fall within its jurisdiction, are safe for consumption.
At the state level, most states have strict product liability laws, which vary but generally have similar requirements for proving a product liability packaged goods food poisoning claim. In most states, food poisoning cases are treated as product liability lawsuits by the court. Often, the plaintiff must establish that the product was consumed, the product was contaminated, and the product caused the food poisoning or injury.