Milberg Representing Consumers in Carrot Recall Lawsuit

The investigation—and litigation—of a nationwide E. coli outbreak in carrots is now into its second week, and Milberg attorneys have filed a proposed class action lawsuit alleging that Sacramento-based Grimmway Farms violated consumer protection laws by selling products that are “in no way safe for human consumption” and “entirely worthless.”

To date, dozens of illnesses and one death have been reported in 18 states. As the outbreak and recall expand, consumers are urged to check their refrigerators for the affected products and throw them away. Consumers who purchased the recalled products may be eligible to join Milberg’s carrot recall lawsuit.

Grimmway Farms Organic Carrot Recall

An initial recall of Grimmway Farms organic whole carrots and organic baby carrots was issued on November 16, 2024 due to potential contamination with Shiga toxin-producing Escherichia coli (E. coli). On November 21, the recall was expanded to include additional bag sizes.

The recall involves carrots sold under different brand names at various retail outlets, including Whole Foods, Trader Joes, Sprouts, Marketside, Good & Gather, Cal-Organic, and Simple Truth. A full list of recalled products can be found on the FDA website.

The recalled carrots should no longer be available for purchase but may be in consumers’ refrigerators or freezers.

As of November 29, 2024, the outbreak has been linked to 39 illnesses, 15 hospitalizations, and one death. E. coli cases have been recorded in Arkansas, California, Colorado, Massachusetts, Michigan, Minnesota, Missouri, North Carolina, New Jersey, New York, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia, Washington, and Wyoming.

The recalled baby carrots have best-if-used-by dates from September 11 to November 12, 2024, while the recalled whole carrots were sold between August 14 and October 23, 2024. They come in bags ranging from 1 lb. to 50 lbs.

FDA says the carrots are likely no longer being sold in stores but can last a long time when refrigerated or frozen and may still be in consumers’ homes. The agency’s investigation, which identified Grimmway Farms as the common supplier of carrots in the outbreak, is ongoing.

Additional recalls are being issued by companies that used or repackaged Grimmway Farms carrots. The latest, 4EarthFarms, recalled carrots and vegetable medleys on November 29.

Grimmway Farms said in a statement on its website that “The health of our consumers and the integrity of our products are our highest priorities, and we will not rest until this issue is fully resolved.”

The company instructs consumers to clean and sanitize surfaces the carrots touched and offers a hotline at 1-866-912-955 where customers with questions or products in their possession may call to speak with a representative

Visit the FDA’s and CDC’s outbreak investigation pages for the latest updates and a complete list of affected brands and sizes.

Milberg Carrot Recall Lawsuit

Milberg’s lawsuit, filed on behalf of named plaintiff Wayne Catalano and a class of similarly situated consumers who purchased Grimmway Farms carrots, alleges that the company engaged in deceptive marketing and false advertising that caused customers to lose money and put their health at risk.

In a complaint filed in U.S. District Court for the Southern District of New York, Catalano claims that he and other buyers would not have purchased the carrots, or would have paid less than the “premium” price for the organic carrots, if Grimmway had properly disclosed that they may contain E. coli, a group of bacteria that presents a risk of serious illness.

This risk is not mentioned anywhere in the company’s advertising or on product labels, according to the complaint, and consumers are unable to determine if the carrots are safe without independent testing.

Defendant is using a marketing and advertising campaign that omits from the advertising that the carrots contain E coli. Knowing of the presence of E. coli is material to reasonable consumers. The presence of E. coli was solely within the possession of Defendant, and consumers could only obtain such information by sending the products off to a laboratory for extensive testing.

E. coli is a group of bacteria that can produce infections in the gut, urinary tract, and other parts of the body. Shiga toxin-producing E.coli is the most likely to cause severe illness.

FDA and Grimmway Farms advise customers to contact their healthcare provider if they consumed organic carrots and display symptoms of an E. coli infection. They do not mention whether customers can obtain a refund or other remedies for purchasing carrots that may have been contaminated with E. coli.

Milberg class action attorneys Nick Suciu, Russell Busch, and Trent Kashima are representing Catalano and the class. The lawsuit includes claims for violations of the California Unfair Business Practices Act and New York General Business Law, as well as breach of implied warranty and unjust enrichment. It seeks monetary damages plus punitive damages and attorneys’ fees.

Consumers can automatically join this lawsuit, free of charge, if they purchased any of the recalled carrots anywhere in the U.S.

The carrot recall lawsuit makes claims similar to those found in the firm’s recently filed McDonald’s E. coli class action and listeria waffle recall lawsuit.