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Foreign object in bottle of juice
Greenville, NH
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Posted about 1 month ago in Defective / Dangerous Products
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This past Saturday, my 8 year old daughter opened up a 16 oz. bottle of juice. The lid did pop, as one would expect. Floating inside it was a foreign object that somewhat resembles part of a mangled band-aid, but we're not sure. We only took the object out once with tweezers and videotaped it because we were anticipating the Health Department collecting the bottle. We also took pictures if it in the bottle.
The matter has now been turned over to the FDA- they were provided the pictures we took of the object. Also, the juice company is asking us to return the bottle via prepaid Fed Ex. Should we do this? Also, should we take the thing out again and get better pictures of it? We were offered coupons for the inconvenience. Should we seek a lawyer or is this a frivolous thing? Answers (2)
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Wow. I am glad no one got hurt. That said........You will need to prove damages to be successful. Disgust about a part of a bandaid in the juice will not be enough to make a lawsuit worthwhile. You have not demonstrated that your daughter or you were injured by the juice or that you did not do anything yourself to cause the bandaid to get into the juice.
Take the product back to the store and perhaps you will get some coupons and an apology. Cooperate with the FDA, keep the photos and see what the best deal is you can cut the juice company. Good luck to you. God bless. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. 
Andrew Daniel Myers
This attorney is licensed in New Hampshire and 1 other state.
Posted 25 days ago.
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To add to attorney Brinkmeier's answer, there is actually a New Hampshire case in which customers of a Chinese restaurant found a bandaid in the Chinese food. The case went up all the way to the NH Supreme Court where it was held that there was no emotional distress claim.
What happened to you was disgusting. But, fortunately, there were no damages. So, the likelihood of much of a case is not great. This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies. |
