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A new lawsuit claims Thomson International should be held responsible for distributing onions connected to a salmonella outbreak that has sickened close to 650 people in the U.S. and another 100 in Canada.
On Aug. 1, Thomson International voluntarily recalled its red, white, yellow, and sweet yellow onions sold under the brand names of Thomson Premium, TLC Thomson International, Tender Loving Care, El Competitor, Hartley’s Best, Onions 52, Majestic, Imperial Fresh, Kroger, Utah Onions and Food Lion.
However, plaintiff Keith Robert Willis claims the onion recall wasn’t enough as the manufacturer owed its customers a “duty of care” to sell food that was free from the deadly pathogen salmonella.
Willis says on July 1, he started experiencing symptoms of a salmonella infection including severe diarrhea, nausea, headaches and weakness. His physician reportedly confirmed this diagnosis and placed Willis on antibiotics.
The salmonella outbreak lawsuit claims that Willis continues to suffer symptoms of salmonella despite being on antibiotics as the “pathogen has become more resistant to antibiotics.” The plaintiff alleges that Thomson is responsible for breach of warranty, negligence and strict liability.
“The Defendant owed a duty of care to the Plaintiff to manufacture, supply, package, distribute and/or sell food that was not adulterated, that was fit for human consumption, that was reasonably safe in construction, and that was free of pathogenic bacteria or other substances injurious to human health,” the onion recall lawsuit states. “The Defendant breached this duty.”
New Onion Public Health Alert
While the initial recall only included onions sold in cartons or sacks that were shipped from May 1, 2020 to the present day, the U.S. Department of Agriculture’s Food Safety and Inspection Service extended its public health alert on Aug. 5 to include ready-to-eat products that may contain Thomson onions.
The following ready-to-eat products made by Taylor Farms are now included in the salmonella outbreak onion recall:
- 7.25-oz. plastic sealed container labeled as “Sausage Breakfast Scramble Bowl” with lot code TFD212AU8 and TFD213AU8 and with a best if used by 08/06/2020 or 08/07/2020.
- 6.2-oz. plastic sealed container labeled as “Taylor Farms Cheddar Cheese & Chicken Salad Snack Tray” with use by date 08/06/20 or 08/07/20 and lot code TFD212AU7 and TFD213AU7.
- 41.35-oz. plastic bags containing “Chicken Salad” with use by date 08/04/20 or 08/05/20 and lot codes TFD212AU8 and TFD213AU8.
- 10-oz. plastic sealed container labeled as “Chicken Salad Deli Snack” with lot codes TFD212AU3 and TFD213AU3 with best by dates 08/06/2020 or 08/07/2020.
- 7.75-oz. plastic sealed container labeled as “H.E.B. Shake Rattle Bowl SOUTHWEST SALAD with CHICKEN” and a best if used by date of “Aug 10/2020 and lot code TFD213AU20.
- 17.25-oz. plastic sealed container labeled as “Marketside SOUTHWEST STYLE SALAD WITH CHICKEN” with a best if used by date of 08/11/20 or 08/12/2020 and lot codes TFD212AU26 or TFD213AU26.
According to CBS News, these ready-to-eat meals were sold at retailers such as Kroger and Walmart.
The Center for Disease Control and Prevention asks consumers to check to packages of prepared food to see if it contains Thomson International brand onions and “If you can’t tell where your onions are from, don’t eat them. Throw them away.”
The CDC is also updating the spread of the salmonella outbreak across the U.S. with this map of reported cases.
What are Salmonella Outbreak Symptoms?
The onion recall lawsuit states that foods that typically cause salmonella infections are “raw or undercooked eggs, raw milk, contaminated water, and raw or undercooked meats.” However, occasionally the bacteria can be found on fruits and vegetables.
Symptoms of a salmonella infection usually appear within six hours or six days after eating contaminated food.
The following may occur:
- Diarrhea
- Abdominal cramps
- Fever of 100 F to 102 F
- Bloody diarrhea
- Vomiting
- Headache
- Body aches
The CDC recommends people should call the doctor if they have signs of dehydration, bloody stools, ongoing vomiting, and diarrhea that is not improving.
Did you purchase onions subject to the salmonella recall? Let us know in the comment section below.
The plaintiff is represented by Craig Murphy of Murphy & Murphy.
The Onion Recall Lawsuit is Willis v. Thomson International Inc., Case No. unknown, in the Superior Court of the State of California in and for the County of San Diego.
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