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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Cadbury, The Company that in 2006 Brought You a Salmonella Recall Considers Legal Action Against Sanlu and Fonterra – Too Bad the Sick Chinese Children do not Have the Same Recourse

In 2006 Cadbury withdrew a million chocolate bars, which were found to be contaminated with a rare strain of salmonella.  Now faced with another recall of its product, Cadbury says it will consider taking action against a manufacturer in China if some of its products are found to be contaminated with the chemical melamine.  The chocolate producer has withdrawn its Chinese-made chocolate over fears the sweets contain traces of the industrial substance.

At the same time Cadbury considers its options, what options do Chinese parents have against Sanlu and Fonterra for injuries caused by the products containing melamine?   So far, according to Chinese reports, those products have caused the deaths of four infants in China and have made 55,000 Chinese babies ill, some 14,000 still hospitalized.  This is assuming that we actually believe these number are really not a gross under-count.

Here is a thought, why do not all suppliers and manufacturers (like Cadbury) of melamine-tainted products put the legal and moral interests of the children before their own?  Why not see that all of the children sickened are cared for before you protect yourself?  All of this reminds me of the Op-ed I wrote last year – "What China Needs is a Few Good Lawyers."

Besides milk being recalled, now it is cookies too.  Also, Lipton Milk Tea is being recalled.  I think I need to do a blog post, "Poisoned Coffee, Tea or Me?"