SAN FRANCISCO (Legal Newsline) – Two California residents allege they became ill after consuming romaine lettuce and allege the products were falsely advertised as "ready to enjoy."
Rick Musgrave and Margaret Gray, individually and on behalf of all others similarly situated, filed a complaint on May 14 in the U.S. District Court for the Northern District of California against Taylor Farms Pacific Inc., Taylor Farms Retail Inc., Taylor Farms California Inc., Sam's West Inc., and Walmart Inc. over alleged violation of California's Consumer Legal Remedies Act, California's False Advertising Law and California's Unfair Competition Law.
According to the complaint, the plaintiffs allege that they purchased defendants' Taylor Farms' romaine lettuce products as they were marketed as a "triple washed and ready to enjoy" food when in fact they were actually contaminated with E. coli bacteria. They allege they became ill after consuming the products in April.
The plaintiffs allege the marketing of the lettuce products is false and misleading because for a period of time this year, they contained a "harmful and even deadly strain of E. coli bacteria."
The plaintiffs holds Taylor Farms Pacific Inc., Taylor Farms Retail Inc., Taylor Farms California Inc., Sam's West Inc., and Walmart Inc. responsible because the defendants allegedly placed in the stream of commerce "products that are unusable, unsafe that have caused purchasers and consumers to suffer or potentially suffer illness, as well as the loss of monies."
The plaintiffs request a trial by jury and seek judgment for damages, restitution and/or disgorgement in an amount to be determined at trial, punitive damages, attorneys' fees, costs, and grant such other and further relief as may be just and proper. They are represented by L. Timothy Fisher and Blair E. Reed of Bursor & Fisher PA in Walnut Creek, California.
U.S. District Court for the Northern District of California case number 3:18-cv-02841-JCS