Menu

Taco Bell Faces Class Action Over Cyclospora Outbreak in Lettuce

2 weeks ago 0

A class action lawsuit seeks at least $200 in damages for West Virginia customers who bought Taco Bell products containing lettuce linked to a cyclospora outbreak. Cyclospora is a parasite causing diarrhea.

Lawyers for Lawrence Null of West Virginia filed the lawsuit against Taco Bell and Taylor Farms in the U.S. District Court for the Central District of California on July 21. Both companies are based in California.

Null purchased three cheesy bean and rice burritos with lettuce and a mini taco salad at a Ravenswood, West Virginia, Taco Bell on June 29. The complaint, reviewed by Newsweek, states he wouldn’t have bought these items if he knew the lettuce was contaminated and not safe for consumption.

Unlike many other lawsuits from the outbreak, this one focuses on economic loss, not personal injury. The suit claims each class member suffered economic injury once the transaction closed, paying full price for food deemed worthless by law.

What The Lawsuit Alleges

The lawsuit accuses Taco Bell and Taylor Farms of violating the West Virginia Consumer Credit and Protection Act, breaching the implied warranty of merchantability, and negligence. It claims Taylor Farms sold contaminated lettuce, implying it was fit for human consumption, and Taco Bell served it as a safe ingredient.

Taco Bell’s removal of the affected lettuce confirms it wasn’t fit for sale, the lawsuit alleges. It cites past incidents with Taylor Farms, like a 2024 E.coli outbreak linked to their onions, arguing the company knew the contamination risk yet failed to act.

What The Lawsuit Seeks

The lawsuit seeks class action certification, with Null as the representative. It requests the court declare the defendants’ conduct unlawful and demands actual, statutory, and treble damages, along with restitution and disgorgement of profits from the affected products.

The lawsuit claims the nationwide class deserves compensatory damages and other legal remedies. Null and the West Virginia subclass should recover actual damages or $200 per violation, whichever is greater. The exact per-customer or per-order basis of the $200 claim is unclear.

Null requests a jury trial.

What Is Cyclospora?

Cyclospora is a microscopic parasite in food tainted with human feces, often through contaminated water used for irrigation or washing produce. Once ingested, it leads to intestinal illness with frequent, sometimes explosive bowel movements, according to the CDC.

Cases of cyclosporiasis, the illness caused by cyclospora, have risen, with 45 states reporting cases recently.

Details on the Outbreak

Federal officials are investigating a cyclospora outbreak initially tied to Taco Bell’s shredded lettuce. The CDC has expanded its investigation scope to nine states, including Illinois, Kansas, Oklahoma, and Pennsylvania, beyond the original five states: Indiana, Kentucky, Michigan, Ohio, and West Virginia.

The FDA remains focused on Taylor Farms’ lettuce sourced from Mexico as the outbreak’s source. Taylor Farms has issued a voluntary recall on iceberg lettuce grown in central Mexico and distributed to 27 states. Taco Bell also removed affected lettuce from its stores.

However, officials warn other brands, restaurants, and distribution channels might be linked to the outbreak. Cyclospora cases nationwide have reached record levels, with 6,707 confirmed cases and 423 hospitalizations, yet no deaths. The real number is likely higher, as not all cases are reported.

Leave a Reply

Leave a Reply

Your email address will not be published. Required fields are marked *