Chobani Hit with Class Action Lawsuit over Moldy Yogurt

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Chobani Hit with Class Action Lawsuit over Moldy Yogurt

By Anne Bucher

Chobani Inc. was hit with a class action lawsuit last week accusing the company of selling moldy Greek yogurt that caused some customers to get sick.

The class action lawsuit was filed on September 9 by plaintiff Harold Green in California federal court, following a recent announcement by Chobani that it would issue a voluntary recall of some of its yogurt products due to several reports that customers became ill after consuming the products.

According to the class action lawsuit, Green purchased at least 16 cups of Chobani yogurt products since August 12, 2013. He claims that his entire family consumed the yogurt products, including himself, his wife and their two daughters. Chobani voluntarily recalled some of its yogurt products on September 5, 2013, after receiving numerous complaints from customers who had become sick after eating the yogurt. The recalled yogurt products had a manufacturing code “16-012” and a “best by” date from September 11 through October 7, 2013.

Following the Chobani yogurt recall, the U.S. Food & Drug Administration (FDA) released the following statement: “(Chobani) has ceased the distribution of the product due to reports of product bloating and swelling and some claims of illness as the company continues its investigation to identify the root cause. The potentially affected product was distributed nationwide from its Twin Falls, Idaho, facility and was delivered to customers through retail and club stores.”

Green claims that Chobani has not publicly identified which strain of mold was found within the recalled yogurt products. According to the class action lawsuit, the company’s founder and CEO Hamdi Ulukaya released a statement suggesting that the mold is “common in the dairy environment” but that its presence is “still unacceptable to me and all of our yogurt makers.”

Green took issue with Ulukaya’s statement, finding that the “vague and generalized statement does nothing to alleviate the concerns of thousands of customers who potentially could get sick, and many whom already have, as a result of consuming the Yogurt that contained a harmful or potentially harmful strain of mold.” 

In his class action lawsuit, Green referred to a statement from the U.S. Department of Agriculture, which indicated that some molds can cause respiratory problems and allergic reactions. Under the right conditions, some molds can produce mycotoxins that can make people sick.

According to a September 6 blog post on the Chobani website, the company had identified the mold as mucor circinelloides, a type of mold associated with dairy, fruits and vegetables. It has been reported to cause bloating and swelling of yogurt containers. The blog post included a statement from Randy Worobo, a professor of Food Science in Cornell University’s College of Agriculture and Life Sciences. He said: 

“This mold should not pose a health risk to most consumers. Very rarely, it can act as an opportunistic pathogen, but not through food and usually only for people with compromised immune systems through inhalation. The organism is regularly used for the production of natural flavor compounds that are widely used in the food industry.”

Green has accused Chobani of negligence and breach of the implied warranty of merchantability for food. He filed the class action lawsuit on behalf of customers who purchased and/or consumed recalled Chobani Greek Yogurt.

Green is represented by Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group APC and Joshua B. Swigart of Hyde & Swigart.

The Chobani Yogurt Recall Class Action Lawsuit is Harold J. Green v. Chobani Inc., Case No. 3:13-cv-02106, in the I.S. District Court for the Southern District of California.

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