Marler Clark files first of hundreds of lawsuits against Daily Harvest


We have been retained by nearly 100 individuals who have suffered nearly identical symptoms – liver and gall bladder disfunction with exceeding abnormal liver function. Many have been hospitalized, undergoing numerous tests and procedures, including surgery. 

Some things for people to know:

  1. Protect your heath. Seek prompt medical care.
  2. DO NOT, as Daily Harvest suggested, “to dispose of it.” The product can be tested for pathogens, allergens and chemicals – we are testing (at our expense) dozens of samples.
  3. Do not eat the product.
  4. Report your illness to the FDA.  Here are the links:  Phone the FDA Main Emergency Number at 866-300-4374 or phone the Consumer Complaint Coordinator for your state or area.

Here is the complaint filed yesterday:

GENERAL ALLEGATIONS

The 2022 Outbreak Linked to Daily Harvest French Lentil + Leek Bowls

3.1       According to the U.S. Food and Drug Administration, on June 19, 2022, Defendant Daily Harvest instituted a voluntary recall of approximately 28,000 units of French Lentil + Leek Crumbles produced between April 28 and June 17, 2022.
3.2       More than 470 instances of consumers experiencing illness or adverse reactions after consumption of the French Lentil + Leek Crumbles have been reported. The consumption of Defendant’s products has caused an array of serious health complications, from gastrointestinal illness to liver and gallbladder dysfunction.
3.3       Daily Harvest has stated that the approximately 28,000 units of the product were distributed to customers in the United States through direct online sale and through retail sales at stores in Chicago and Los Angeles. Daily Harvest also provided samples to a small number of customers and social media influencers.
3.4       The French Lentil + Leek Crumbles was a frozen, pre-made product packaged in a 12oz white pouch with the Daily Harvest logo at the top, “CRUMBLES” printed immediately below, and “French Lentil + Leek” printed in bold.
3.5       All lots of the French Lentil + Leek Crumbles product were ultimately recalled by the Defendant.

Facts Relating to Defendant’s Manufacture, Distribution, and Sale of Contaminated, Defective Food Products that Caused Plaintiff’s Injuries

3.6       On April 28, 2022, Defendant announced the launch of the “Crumbles” product line, including the now-recalled French Lentil + Leek Crumbles.   
3.7       Defendant marketed these French Lentil + Leek Crumbles as a convenient, pre-made item that, after sauteing, can be added to other products, including other those produced and marketed by the Defendant, for a complete meal. Defendant marketed the Crumbles as “planet-friendly to add more nourishing plant protein into” customers’ diets.   
3.8       Defendant’s promotional materials state (as quoted here) that a “team of chefs and nutritionists” created the French Lentil + Leek Crumbles recipe, and that the product was an “easy to prepare and ready in minutes” way to lower customers’ carbon footprint, and potentially “help you live longer.” 
3.9       Defendant claims to work directly with farmers to grow organic products and “increase biodiversity” while avoiding synthetic chemicals.
3.10     Defendant manufactures, packages, distributes and/or sells, directly all of its products, including the French Lentil + Leek Crumbles, to customers through online sales, through its own standalone retail stores in Chicago and Los Angeles. Additionally, Defendant provides samples to a small number of customers, including social media influencers, to increase visibility and, ultimately, sales of the products.
3.11     Plaintiff purchased through online subscription  Defendant’s French Lentil + Leek Crumbles and on two occasions consumed it. The product was contaminated and caused Plaintiff’s injuries described below.
3.12     The French Lentil + Leek Crumbles consumed by Plaintiff contained contaminated ingredients, manufactured, packaged, distributed and/or sold by Defendant.   

Copy of the complaint – https://www.marlerblog.com/files/2022/06/Complaint-2.pdf

Marler Clark’s food poisoning attorneys have the most extensive experience representing victims of food poisoning outbreaks of any law firm in the United States. Our food poisoning lawyers have successfully represented thousands of victims of the largest food poisoning outbreaks across the country since 1993. Attorneys in other states often refer food poisoning cases to our office, and the attorneys at Marler Clark work to obtain the best results for our clients regardless of where they live. Marler Clark has brought food litigation cases involving defective or unsafe food products on behalf of food poisoning victims in all 50 states.

Marler Clark’s food poisoning attorneys possess the expertise and experience critical to effective legal representation of victims of foodborne illness. The variety of pathogens that may contaminate food is broader than many people think. Deep knowledge and experience of current and past food poisoning litigation give Marler Clark’s lawyers the edge as advocates for victims of food poisoning across the country.

Food contamination can happen at any point in the production chain, from farm fields to dining tables. At Marler Clark, our food poisoning litigation attorneys know how to investigate clients’ cases and shepherd those cases through the legal system to successful outcomes, focusing on client satisfaction at every stage of the process.

Victims of food poisoning outbreaks across the United States trust Marler Clark for expert legal representation. If you or a family member have been affected by a food poisoning outbreak, contact us for a free consultation.



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