SANTA ANA, Calif. (CN) - A company that sells "Zombie Blood" in transfusion bags sued its suppliers, claiming defective manufacturing made the drinks stink and the bags explode.
Plaintiff Harcos, a Delaware LLC, makes "novelty products, including beverages," it says in its complaint in Orange County Court.
It sued Silliker, which analyzes and tests products; Primal Essence, which packages drinks; Powers Brands Consultants, and American Bottling.
Harcos claims it invented its "novelty beverage product called 'Blood,'" in the summer of 2009.
"'Blood' was to be a red beverage looking like human blood, packed in plastic pouches designed to look like those used in blood transfusions. Harcos hired Power Brands to develop a formula, source packaging, and source a manufacturer of the Blood product," according to the complaint.
In 2010, Harcos added "Zombie Blood" to its product line, also to be sold in transfusion bags, only this blood was green.
The complaint states: "A number of initial production runs of the 'Blood' and 'Zombie
Blood' met with a phenomenal success, they virtually flew off the shelves at such retailers as Hot Topic and sold out quickly. However, in late August 2010, Harcos first learned of the complaints of the Zombie Blood product tasting 'like yogurt.' In late September 2010, Harcos first learned of the complaints of the Blood product having expanding and exploding pouches and foul smell.
"The reason that the Blood and Zombie Blood products tasted like yogurt and had expanding and exploding pouches and foul smell is that Power Brands's formulation contained the protein Provon A-190 manufactured by Glanbia, yet did not specify 'hot fill' but rather a 'cold fill.' Said protein caused growth of microbial organisms and caused the products to, in layman's terms, spoil. This resulted in failure of the Blood and Zombie Blood products in the marketplace and damages to Harcos. These damages include out of pocket losses for developing and bringing the products to market, storing and destroying spoiled products, lost profits."
Harcos seeks damages for negligence and breach of contract.
It is represented by Vladi Khiterer, with Khhiterer & Park, of Newport Beach.
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