Is there a case when I found a dangerous substance in a consumer food product that compromised my health and even my life?

Asked almost 2 years ago - Pullman, WA

I have primary immune deficiency, so no immunity and life threatning allergies including mold. In a bag of Cheetos I discovered a block & fragments of solid mold. I accidently consumed fragments of the mold. This closed my breathing and caused infections to occur. I needed immune globulin injections to counter the effects. If I'd eaten more I may have died due to my severe mold allergy. I almost needed an epinephren injection. Mold consumed by the healthy is dangerous, but without an immune system it can be deadly. Frito Lay stated this was a serious processing error. Instead of taking the bags from the store off the shelf they put them on sale. They put my life at risk and the lives of young children, elderly and those like me. I shouldn't be afraid to die from a bag of chips.

Attorney answers (3)

  1. Kevin Coluccio

    Contributor Level 20


    Lawyer agrees

    Answered . First, you should seek any necessary medical treatment and make sure that your health is ok. If you have not suffered any physical injuries, it is probably not a claim that an attorney would be willing to pursue, given the costs involved. If, on the other hand your doctor believes you have suffered damages or injuries, you should contact an attorney in your community.

  2. James David Pacitti


    Contributor Level 8

    Answered . If you have sustained an injury, you may have a claim. However, in the absence of an actual injury, there is no viable claim because even if there has been negligence, there must be harm proximately caused by the negligence for a viable cause of action for negligence or products liability. If a medical doctor determines that you have sustained a significant injury as a result of the mold ingestion, you should consult with a local attorney to determine if you have a viable cause of action. In the interim, preserve any evidence as this will be essential for the prosecution of your claim, should one exist.

  3. David McCormack

    Contributor Level 10

    Answered . Without further information about the extent of your injury, it is unclear whether you would have a case worth pursuing. You must be able to prove that the material was mold and that the injuries you had were a result of consuming it. You should get necessary medical treatment and then talk to an experienced attorney in your area.

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