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January 4, 2024
2 Min Read
The lawsuit is against one of the applesauce companies and the retailer at which it was sold.Image courtesy of RUNSTUDIO / The Image Bank via Getty Images
Ron Simon & Associates, a national food safety law firm, has filed another lawsuit in the national outbreak of lead poisoning caused by applesauce pouches containing cinnamon. This is the first lawsuit filed since Consumer Reports announced the FDA now suspects the "extraordinary high levels of lead found in cinnamon applesauce pouches from WanaBana, Schnucks, and Weis may be the result of intentional contamination."
The lawsuit was filed on behalf of the 1-year old daughter of Josefa Gonzalez, a Texas resident, who was taken to see her physician after suffering gastrointestinal illness as well as serious developmental indications. Testing revealed highly elevated blood-lead levels.
The lawsuit is filed against WanaBana, a Florida corporation, as well as the Dollar Store where her parents regularly purchased the WanaBana Cinnamon Applesauce pouches between May and November of 2023.
National recalls have been issued for WanaBana, Schnucks, and Weis cinnamon-flavored applesauce pouches and variety packs, starting back in late October 2023. WanaBana was the first to be recalled, with the other two brands following.
The products were sold at retailers including Schnucks and Eatwell Markets grocery stores, Weis grocery stores, Amazon, Dollar Tree, Family Dollar/Dollar Tree combination stores, and other online outlets.
The FDA visited the facility and testing confirmed that the cinnamon used in these products was the source of the contamination, and that lead-levels have been found to be as much as 200 times the “acceptable" level, at 21.8 parts per million.
"It is highly unusual for the FDA to indicate that the poisoning was intentional" said Simon. "We intend to find out how lead levels that are 2000 times higher than permitted were able to get into this imported product and be placed on our grocery shelves..."
Simon added that the firm will seek significant compensation for each of the victims and work to make sure this never happens again.
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