Maryland Accident Law Blog
For many Americans, soda and juice products are essentials for their household. In fact, you may restock them several times a month when you do your regular grocery shopping. Whether you or your children drink orange juice with breakfast or enjoy a canned soda as a midday refreshment, many families have a variety of beverages in their homes. Many people specifically purchase products from brands like Coca-Cola because of their trust in an established beverage brand and the quality and consistency of their products. What happens, however, when these beverages have undisclosed foreign substances that could harm your health?
According to a recent news report, Coca-Cola announced two recall actions involving drinks potentially contaminated by foreign substances. Minute Maid, which is owned by Coca-Cola, noted that Berry Punch, Strawberry Lemonade, and its Fruit Punch flavored drinks are sold in Pennsylvania, Connecticut, New York, North Carolina, Maryland, Virginia, Maine, and New Jersey were impacted by the recall. Coca-Cola and Sprite also issued a similar recall caused by foreign substances recently, which involved 12-ounce cans of Coca-Cola and Sprite. Because approximately 7,000 cases of these drinks were sold before the recall and the products will not expire until 2022, they may still be in some consumers’ homes. Thus, if you have purchased any of these flavors of drinks from Minute Maid or Coca-Cola recently, you should stop consuming them immediately and seek a refund or dispose of the products.
Unfortunately, because many of these Coca-Cola products were sold in Maryland, the recall may affect Maryland residents. Sellers and manufacturers of products are required to ensure that their products are safe for consumption or use and that they will not cause any injury. When a seller or manufacturer distributes or sells their products, they essentially create a contract with the consumer that the product that is being purchased is as advertised. If a consumer is then injured by a defective or unreasonably dangerous product, they may have grounds to file a products liability claim.
Are foreign objects in food products considered a manufacturing defect?
In this instance, Coca-Cola and Minute Maid products containing foreign substances would likely be considered a manufacturing defect under Maryland products liability law. When a manufacturing defect occurs, this means that the product became flawed during production. Because it is likely that these foreign substances entered these Coca-Cola and Minute Maid products not necessarily because the standardized recipe or makeup of the drink was flawed, but rather because something happened on the assembly line, it is likely a manufacturing defect.
As a potential plaintiff, it is also important to understand what your responsibility is when proving a manufacturing defect in your lawsuit. Manufacturing defect claims can be defeated by defendants if the product was used incorrectly by the consumer, or if the plaintiff fails to show that the product was defective at the time it left the factory.
Do You Need a Maryland Personal Injury Lawyer?
If you or someone you know was recently injured by a defective product, contact the attorneys at Lebowitz & Mzhen today. Our lawyers fight for the injured and will work to get you the compensation you deserve. To schedule a free initial consultation today, contact us at 1-800-654-1949.