Taylor Farms hit with first class action over parasite outbreak

SAN JOSE, Calif. (CN) —  Two customers on opposite coasts filed the first class action against Taylor Farms, blaming the lettuce producer and distributor for the spread of a parasitic infection with thousands of confirmed or suspected cases in the U.S.

Californian Kait Gelbspan and New Yorker Victor Granados say in their complaint that the cyclospora contamination and subsequent food poisoning was preventable.

“There are products on the market which lack contamination of cyclosporiasis, so the contamination is entirely avoidable,” they write. “Defendant did not notify plaintiffs or class members of the risk of contamination through the product’s labels, ingredients, packaging, or advertising — and omission which caused significant, deleterious harm to purchasers of the products.”

Taylor Farms supplies, distributes, and sells lettuce products nationwide under brand names used by large companies such as Costco, Whole Foods, Taco Bell and Sweetgreen. The outbreak reportedly began in mid-May from contaminated food at Taco Bells in the Midwest.

The plaintiffs say Taylor Farms’ shredded lettuce and leafy greens likely contained cyclospora, a microscopic parasite that causes the intestinal infection cyclosporiasis.

Approximately one week after infection, symptoms including watery diarrhea, nausea, vomiting, cramping and bloating occur, and can last a few weeks. The parasite is spread when food and water come into contact with contaminated feces.

“Taylor Farms was aware of the dangers associated with cyclosporiasis contamination prior to the manufacture of the products and should have identified any such contamination through its own testing and analysis prior to placing the products in the marketplace,” the plaintiffs say.

The suit, filed Thursday in the Northern District of California federal court, is the first class action over the contaminated greens, though other individual suits have launched throughout the nation.

The class plaintiffs say any U.S. customer that purchased Taylor Farms lettuce and leafy green products in June and July is a potential class member, with California and New York sub-classes for product recalls.

“In an era of lax enforcement and policy failures which leave the window open for food corporations to cut corners, private enforcement becomes all the more necessary to protect consumers from parasitic illness like cyclosporiasis,” plaintiffs’ attorney Blake Yagman said in an email to Courthouse News.

“We will continue to fight every day to ensure consumers are safe and to restore confidence that the food products we buy will not make us sick.  Together, we make us safe,” he said.

The plaintiffs’ claims include negligence, negligent misrepresentation, breach of implied warranty of merchantability, unjust enrichment and violations of California and New York’s business and consumer protection laws.

They seek restitution and disgorgement of funds Taylor Farms earned in distributing and selling the contaminated products, along with compensatory and punitive damages with interest, along with a jury trial.

On Friday, Taylor Farms issued a voluntary recall of its iceberg lettuce sourced from central Mexico that was distributed from June 29 to July 16. Taylor Farms did not immediately respond to a request for comment.