Tropical Smoothie Class Action Filed Over Hepatitis A Exposure

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TLC Tropical Smoothie LLC is facing a class action lawsuit after its restaurants reportedly used strawberries that were adulterated, putting consumers at risk of hepatitis A exposure.

Plaintiff Laura L. Pyka of Virginia claims she consumed adulterated food at one of Tropical Smoothie’s restaurants during the exposure period in July and August 2016.

After learning that she may have been exposed to hepatitis A through contaminated strawberries, she received a hepatitis A vaccination to protect her against infection from the virus.

According to the Tropical Smoothie class action lawsuit, hepatitis A is a contagious disease that can cause an infection of the liver.

Generally, hepatitis A exposure occurs due to contaminated food or water, though the class action lawsuit states that it can be spread from person to person “via the ‘fecal-oral route.’”

The hepatitis class action lawsuit states that the Virginia Department of Health (VDH) has been investigating hepatitis A cases in the state and identified the possible connection with smoothies from Tropical Smoothie Café restaurants.

The illnesses were likely caused by a strain of the virus that has been linked to past outbreaks caused by frozen strawberries from Egypt.

Upon learning about the possibility of contaminated strawberries, Tropical Smoothie immediately withdrew all Egypt-sourced strawberries from its stores, the Tropical Smoothie class action lawsuit says.

However, individuals who had possibly been exposed to the hepatitis A virus due to the consumption of adulterated food or drink were told to obtain a vaccination or immune globulin to protect them against infection, or a blood test to detect the presence of the virus.

“All food and drink sold at Defendant’s restaurants during the exposure period was defective, adulterated, and not reasonably safe as a result of use of contaminated strawberries in the preparation of particular food items, … rendering all food and drink prepared and sold during the exposure period adulterated, unsafe, and not fit for human consumption,” the Tropical Smoothie class action lawsuit alleges.

By filing the Tropical Smoothie class action lawsuit, Pyka seeks to represent a Class of consumers who were exposed to the hepatitis A virus by consuming adulterated food or drinks at Tropical Smoothie restaurants in July and August 2016, and who took immediate preventative action to protect them against hepatitis A infection.

Consumers who actually developed a hepatitis A infection are not included in Pyka’s Tropical Smoothie class action lawsuit.

Pyka states that the number of potential Class Members is likely to be in the thousands.

The Tropical Smoothie class action lawsuit brings claims for breach of warranty and negligence.

Pyka asserts that she and other Class Members have suffered damages as a result of Tropical Smoothie’s conduct, and may include wage loss, medical expenses, travel expenses, emotional distress, fear of harm, physical pain, physical injury, and other damages.

The plaintiff is represented by Christopher Regan and Salvatore Zambri of Regan Zambri & Long PLLC and William Marler of Marler Clark LLP.

The Tropical Smoothie Hepatitis Risk Class Action Lawsuit is Pyka v. TLC Tropical Smoothie LLC, in the Circuit Court for the City of Richmond.