Recall Issued for Soft Serve On The Go Ice Cream Cups Due to Possible Listeria Contamination

Ice Cream Listeria | DiSandro & Malloy Law

Above is photograph of sample product as published by FDA

The federal Food and Drug Administration (FDA) has announced that Real Kosher Ice Cream of Brooklyn, NY is “recalling soft serve on the go ice cream and sorbet cups because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain, and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.”

The following link contains the FDA’s summary of the recall: Link to FDA’s Summary of Recall

Below is an excerpt from the Company Announcement as posted on the FDA’s website:

“SOFT SERVE ON THE GO CUPS were distributed in the states of CA, CO, CT, DC, DE, FL, IL, MA, MD, MI, MN, NC, NH, NJ, NY, OH, OR, PA, VA, WV. The recalled product reached consumers through Canteens, Grocery and Convenience stores, etc. The recalled product is packaged in an 8 fl oz., clear plastic cup. The product looks like a soft serve cup served in an ice cream store, with a clear plastic cover with a seal and spoon attached to it.”

Can I bring a personal injury lawsuit for listeriosis?

If you have contracted listeriosis, you may be able to bring a personal injury lawsuit to recover damages for your pain and suffering, wage loss, and medical bills.  Bringing a claim, however, will depend on the ability to determine how you contracted listeriosis.  In other words, it will be necessary to determine which food item that you consumed was contaminated with Listeria monocytogenes.  

As such, time is of the essence once you or a loved one has contracted listeriosis.  While your focus should be on getting better, it is important that an attorney with experience in listeriosis and other foodborne illness cases be retained as soon as possible to preserve all necessary evidence.

The first step will be to determine which food item was contaminated with Listeria monocytogenes.   The best way to accomplish this is to go back through each food item consumed and identify which of those items have the potential for carrying Listeria monocytogenes.  The Food and Drug Administration identifies the following sources:

By eating ready-to-eat meats, poultry, seafood, and dairy products that are contaminated with L. monocytogenes. You can also get listeriosis by eating contaminated foods processed or packaged in unsanitary conditions or by eating fruits and vegetables that are contaminated from the soil or from manure used as fertilizer.

Once these items are identified, it will be necessary to have these items examined by the appropriate expert to determine which, if any, are contaminated.  Assuming a contaminated food item is identified, it will then be necessary to determine the source of the contamination (manufacturing process, improper food storage, improper food handling, cross-contamination, etc…) as this will determine who can be held responsible for the listeriosis.

In short, every listeria case is different and requires an in-depth examination of the circumstances to determine who can be held responsible.  It is important that you retain an attorney with experience in cases involving listeria and other foodborne illnesses given how complex these cases can be.

The attorneys at DiSandro and Malloy, P.C. have the experience necessary to handle these often difficult cases.  If you or a loved one has contracted listeriosis, please contact us today for a free consultation.

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