The Lawsuit: We filed a wrongful death lawsuit against Safeway Inc, in the Superior Court of Santa Cruz on behalf of James Raymond Frey, 87, and the estate of his deceased wife, Shirlee Jean Frey, 81, who died tragically on December 2, 2014 after consuming a Listeria-tainted caramel apple purchased at the Safeway in Felton, California. The case number is CISCV180721. The complaint is being amended today to add in two additional parties – Happy Apple and Bidart Brothers.

The Outbreak: According to the CDC and Canadian Public Health, as of December 24, 2014, 31 people in 10 states and two provinces have been reported as being infected with the outbreak strains of Listeria monocytogenes.  The CDC reports that 29 ill people have been hospitalized. Listeriosis contributed to at least five of the deaths.  Nine illnesses were pregnancy-related.  Four illnesses were among otherwise healthy children ages 5 – 15 years. 

The Number Ill and Dead:  Illnesses have been reported in Arizona (4), California (1), Minnesota (4), Missouri (5), New Mexico (5), North Carolina (1), Texas (4), Utah (1), Washington (1), Wisconsin (3) and in Ontario (1) and Manitoba (1), Canada.

The Recall:  From an FDA Christmas Eve Recall Notice: Happy Apples, is issuing a voluntary recall of Happy Apple Brand caramel apples with a best use by date between August 25th and November 23rd 2014, because it has the potential to be contaminated with Listeria monocytogenes.  Happy Apple caramel apples are sold in single pack, three packs, four packs and eight packs and each package will have a best use by date on the front of the label. They were available for retail sale through grocery, discount and club stores, generally in the produce section and were distributed to retailers in the following states: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Washington, Wisconsin.

The Source:  Happy Apple reported that it recently received notice from Bidart Brothers, one of its apple suppliers to the Orosi California facility, that there may be a connection between this outbreak and the apples that they supplied to that facility.

California Snack Foods issued a voluntary recall of California Snack Foods brand caramel apples with a best use by date between August 15th and November 28th 2014, because it has the potential to be contaminated with Listeria monocytogenes.  Happy Apples used the last of the Bidart Brothers apples in the first week of November 2014. The caramel apples produced with Bidart Brothers apples should no longer be available in stores, however, out of an abundance of caution and concern for consumer safety, we are recommending that consumers follow the advice of the CDC and remove any caramel apples you may have in storage and dispose of them in a secure container to avoid potential contamination in animals.

Pacific Coast Fruit announced on its website that it was made aware that Bidart Brothers was recalling apples sold to caramel coated candy apple due to potential contamination with Listeria.  Happy Apples purchased apples from Bidart Brothers and Pacific Coast Fruit in turn distributed Happy Apples to Pacific Coast Fruit customers. Pacific Coast Fruit Company is now in the process of contacting customers and recalling all Happy Apple brand apples sold after September 22, of 2014.

Although no recall has been announced, Minnesota cases purchased caramel apples from Cub Foods, Kwik Trip, and Mike’s Discount Foods, which carried Carnival brand and Kitchen Cravings brand caramel apples.