Lawsuits you should know about

Fresh Express has recalled several of its bagged lettuce products for fear of an E.coli contamination. Previously, Fresh Express romaine lettuce bags were recalled in May because of suspected salmonella poisoning. Both illnesses cause gastric distress, with more severe consequences for the young, the elderly, and those with compromised immune systems.

The bags involved in the recent recall are the Fresh Express romaine-based bags with the expiration date of July 8 – 12 with an “S” in the product code. While no illnesses have been associated with this recall, Fresh Express is asking consumers to throw away the products if they have them in their refrigerator. Because the products are past the expiration date, no refund will be offered. Also, because the expiration date has passed, chances of still purchasing these recalled bags at a retail store are almost impossible.

Consumers with questions about the recalled products should contact Fresh Express at 1-800-242-5472 between Monday and Friday from 8 a.m. and 11 p.m. ET.

The Tylenol recall has been expanded.  McNeill, the manufacturer of the product has expanded the list of recalled products.  If you have the recalled product in your home you should stop using it immediately and contact the company for a refund.

Format for this list:  Product Name, Lot Number, UPC Code

BENADRYL® ALLERGY ULTRATAB™ TABLETS  100 count ABA567 312547170338
BENADRYL® ALLERGY ULTRATAB™ TABLETS 100 count ABA574 312547170338
CHILDREN’S TYLENOL® MELTAWAYS BUBBLEGUM  30 count ABA544 300450519306
MOTRIN® IB CAPLET 24 count ACA003 300450481030
MOTRIN® IB CAPLET bonus pack 50+25 count ACA002 300450481764
MOTRIN® IB TABLET 100 count AFA060 300450463043
TYLENOL®, Extra Strength  EZ TABLET 225 count ASA206 300450422378
TYLENOL®, Extra Strength  EZ TABLET 50 count ABA005 300450422507
TYLENOL®, Extra Strength  COOL CAPLET 24 count ABA566 300450444240
TYLENOL®, Extra Strength  CAPLET bonus pack 24+12 count ACA025 300450444318
TYLENOL®, Extra Strength  CAPLET 50 count AFA018 300450449078
TYLENOL®, Extra Strength  CAPLET 50 count
(included in Day/Night Pack) ABA168 300450444530
TYLENOL®, Day & Night Value Pack (contains Extra Strength CAPLET 50 count
Lot # ABA168 & UPC 300450444530) AEC005 300450527103
TYLENOL®, Day & Night Value Pack (contains Extra Strength CAPLET 50 count
Lot # ABA168 & UPC 300450444530) AFC005 300450527103
TYLENOL®, Day & Night Value Pack (contains Extra Strength CAPLET 50 count
Lot # ABA168 & UPC 300450444530) ADC002 300450527103
TYLENOL®, Extra Strength RAPID RELEASE GELCAP 24 count ACA024 300450488244
TYLENOL®, Extra Strength RAPID RELEASE GELCAP 225 count AJA119 300450488251
TYLENOL® PM CAPLET 24 count ACA005 300450482242
TYLENOL® PM CAPLET 24 count ADA259 300450482242
TYLENOL® PM GELTAB 50 count AFA100 300450176509
TYLENOL® PM RAPID RELEASE GELCAP 20 count ACA004 300450244208

You can visit the company’s website www.mcneilproductrecall.com or call 888-222-6036 for information on how to obtain a refund.

Author’s note:  I had several products in my home that were recalled previously by the company.  McNeil was very efficient in providing me with a refund of the purchase price.  The process is very easy and I received a refund in a timely manner.

Previously on the Important Lawsuits website we reported that lawsuits regarding the diabetes drug Avandia were being filed by consumers.  Now there is new information from the FDA regarding the safety of Avandia.

FDA scientists have reviewed information provided by the drug’s maker GlaxoSmithKline in anticipation of a meeting being held starting on Tuesday.  A panel of physicians will be meeting and voting on a wide range of recommendations regarding Avandia including:

• Adding warning labels in addition to the ones already included with the product,
• Putting a limit on what doctors will be able to prescribe the drug, or even
• Pulling the drug from the market altogether.

The panel of doctors who will be voting on the recommendations are outside experts.  The FDA is engaging these outside experts because there has been some disagreement among FDA scientists regarding Avandia.  Dr. Janet Woodcock, head of the FDA’s drug center, stated that there was not “complete unanimity within the FDA” regarding interpretation of data on this drug.

In June of 2010 there was an article published that suggested Avandia is more likely to cause strokes and heart related deaths than a rival drug, Actos.  However, some experts will say that people who take Avandia (those suffering from Type 2 Diabetes) have an increased risk for heart problems.

It will be interesting to see what the FDA does after hearing the recommendation from this outside panel of experts.  The FDA is not required to follow their suggestions.

UPDATE 7/15/2010:  The panel convenied by the FDA has voted to allow Avandia to remain on the market.  However, the panel stated that stronger “black box” warnings were needed.  Read more about this on the Wall Street Journal’s website by clicking the link here.

Approximately 66,000 pounds of ground and tenderized steak bison meat has been recalled by Rocky Mountain Natural Meats of Henderson, Colorado. It is believed that the meat may contain a dangerous type of E. coli.

The Department of Agriculture’s Food Safety and Inspection Service said that five cases of E. coli O157:H7 occurred in Colorado between June 4 and June 9 with the suspected culprit being the bison meat. E. coli O157:H7 can be fatal, especially to the young and elderly, and can cause bloody diarrhea, dehydration, and possibly kidney failure.

The meat, produced between May 21 and May 27, was sold to retail establishments all over the nation and to food service distributors in Utah and Arizona.

Although the use by date has passed, the Food Safety and Inspection Service fear that some consumers may have frozen the tainted bison. The products under recall are:

16-ounce packages of Great Range All Natural Ground Bison (sell- or freeze-by date of June 21, 22, or 24)
16-ounce packages of Nature’s Rancher Ground Buffalo (sell- or freeze-by date of June 22)
16-ounce packages of The Buffalo Guys All Natural Ground Buffalo 90 Percent Lean (with the lot number of 0147)
12-ounce packages of Great Range Brand All Natural Bison Steak Medallions (sell- or freeze-by date of June 23 and 24)
12-ounce packages of Great Range Brand All Natural Bison Sirloin Steaks (sell- or freeze-by date of June 20, 23 and 24)
15-pound boxes of Rocky Mountain Natural Meats Inc. Bison 10 oz. Sirloin Steaks (which went to restaurants and bear a Julian Code of 0141)

Consumers with the recalled meat should contact Rocky Mountain Natural Meats at 1-800-325-4164 or visit their web page for more information.

Tri-Union Seafoods has issued a recall of some of its cans of Chicken of the Sea Tuna due to a problem with the seals.

The recalled cans were sold between February and May in California, Colorado, Indiana, Maine, Nebraska, New York, Oregon, Pennsylvania, Utah, and Wisconsin. The only cans involved in the recall have the UPC code of 4800000262 and the best by date of 2/10/2014. Also double check for the product codes of 7OA1E ASWAB, 7OA2E ASWAB, 7OA3E ASWAB, 7OA4E ASWAB, 7OA5E ASWAB, 7OAEE ASWAB or 7OAFE ASWAB. If you have a can of white tuna that doesn’t have the exact UPC code, best by date, or product code, it is safe to eat.

The Food and Drug Administration (FDA) has said that no reported illnesses have resulted from eating the canned tuna, but the cans are being recalled because the seals didn’t meet the normal standards.

If you have any of the recalled cans, call the FDA at 1-877-843-6376 for more information on a full refund.

On Wednesday the Sony company recalled certain laptops because they might overheat.  The recall involves the Vario F11 and CW2 laptops.  A firmware update has been issued and Sony urges all owners of Vario F11 and CW2 laptops to install it as soon as possible.

The recall involves a total of 535,000 machines worldwide and about 233,000 in the United States.  They only affect certain models within the VPCF11 and VPCCW2 series of computers.  Here’s  a list of the affected models (from Sony’s website):

VPCF11 Series: VPCF111FD, VPCF111FD/B, VPCF111FX, VPCF111FX/B, VPCF111FX/H, VPCF112FX, VPCF112FX/B, VPCF112FX/H, VPCF113FX, VPCF113FX/B, VPCF113FX/H, VPCF114FX, VPCF114FX/B, VPCF114FX/H, VPCF115FM, VPCF115FM/B, VPCF115FM/BL, VPCF116FX, VPCF116FX/B, VPCF116FX/H, VPCF117FX, VPCF117FX/B, VPCF117FX/B, VPCF117FX/H, VPCF1190X, VPCF119FX, VPCF119GX, VPCF119HX, VPCF11AFX, VPCF11AFX/B, VPCF11BFX, VPCF11BFX/B, VPCF11CGX, VPCF11CGX/B, VPCF11DGX, VPCF11DGX/B, VPCF11EGX, VPCF11EGX/B, VPCF11FGX, VPCF11FGX/B, VPCF11GGX, VPCF11GGX/B, VPCF11HGX, VPCF11HGX/B, VPCF11JFX, VPCF11JFX/B, VPCF11KFX, VPCF11KFX/B, VPCF11KFX/H, VPCF11LFX, VPCF11LFX/B, VPCF11LFX/H, VPCF11MFX, VPCF11MFX/B, VPCF11NFX, VPCF11NFX/B, VPCF11NFX/H, VPCF11PFX, VPCF11PFX/H, VPCF11QFX, VPCF11QFX/B and VPCF11QFX/H

VPCCW2 Series: VPCCW21FX, VPCCW21FX/B, VPCCW21FX/L, VPCCW21FX/P, VPCCW21FX/R, VPCCW21FX/W, VPCCW22FX, VPCCW22FX/B, VPCCW22FX/L, VPCCW22FX/P, VPCCW22FX/R, VPCCW22FX/W, VPCCW23FX, VPCCW23FX/B, VPCCW23FX/L, VPCCW23FX/P, VPCCW23FX/R, VPCCW23FX/W, VPCCW26FX, VPCCW26FX/B, VPCCW26FX/L, VPCCW26FX/P, VPCCW26FX/R, VPCCW26FX/W, VPCCW27FX, VPCCW27FX/B, VPCCW27FX/L, VPCCW27FX/P, VPCCW27FX/R, VPCCW27FX/W, VPCCW29FX, VPCCW29GX, VPCCW2AFX, VPCCW2AFX/B, VPCCW2BFX, VPCCW2BFX/B, VPCCW2CGX, VPCCW2CGX/B, VPCCW2DGX, VPCCW2DGX/B, VPCCW2EGX, VPCCW2EGX/B, VPCCW2FGX, VPCCW2FGX/B, VPCCW2GGX, VPCCW2GGX/B, VPCCW2HGX, VPCCW2HGX/B, VPCCW2JGX, VPCCW2JGX/B, VPCCW2KGX, VPCCW2KGX/B, VPCCW2LFX, VPCCW2LFX/B, VPCCW2LFX/L, VPCCW2LFX/P, VPCCW2LFX/R, VPCCW2LFX/W, VPCCW2MFX, VPCCW2MFX/PU, VPCCW2MFX/WJ, VPCCW2MGX, VPCCW2MGX/B, VPCCW2NFX, VPCCW2NFX/LU, VPCCW2PFX, VPCCW2PFX/L, VPCCW2PFX/R. VPCCW2PFX/W, VPCCW2QGX, VPCCW2QGX/B, VPCCW2RGX, VPCCW2RGX/B, VPCCW2SGX, VPCCW2SGX/B, VPCCW2TGX, VPCCW2TGX/B, VPCCW2UFX, VPCCW2UFX/B, VPCCW2VFX, and VPCCW2VFX/B

The problem is that there is a risk of malfunction in the recalled computers, specifically a “potential malfunction of the internal temperature management system” resulting in a possible burn hazard for users.  If the firmware update is installed it should take care of any potential overheating issues.  There is no need to return the laptops to the store where they were purchased according to the company’s website.

If consumers need assistance in installing the firmware update you can call (866) 496-7669.

If you have Apple Jacks, Corn Pops, Froot Loops or Honey Smacks in your pantry you’re going to want to read this.

Today The Kellogg Co. issued a voluntary recall of these cereals that were sold in the United States.  This voluntary recall was issued because of a substance in the package liners that produces a strange smell and taste.  Consumers said some of these smells and tastes could be described as stale, metal or soap like.  The company said the potential for health complications is low but wanted to remove the products because some consumers might be overly sensitive to these odors and there is the possibility that the product could cause symptoms such as nausea and diarrhea.

The products being recalled are the breakfast cereals Apple Jacks, Corn Pops, Froot Loops and Honey Smacks.  The products under the recall have the letters “KN” following the “better if used before date” on the box.

Here is a list of the recalled cereals and the specific information:

Kellogg’s Apple Jacks

UPC 3800039136 1: 17 ounce package with Better if Used Before Dates between APR 10 2011 and JUN 22 2011

UPC 3800039132 3: 8.7 ounce packages with Better if Used Before Dates between JUN 03 2011 and JUN 22 2011

Kellogg’s Corn Pops

UPC 3800039109 5: 12.5 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039111 8: 17.2 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039116 3: 9.2 ounce packages with Better if Used Before Dates between APR 05 2011 and JUN 22 2011

Kellogg’s Froot Loops

UPC 3800039118 7: 12.2 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039120 0: 17 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039125 5: 8.7 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

Kellogg’s Honey Smacks

UPC 3800039103 3: 15.3 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

If you have one of these cereals in your home you can contact the Kellogg company at *888) 801-4163 to get a replacement for your purchase.

Five more lots of McNeil Consumer Healthcare products have been voluntarily recalled by the company.  This recall is an extension of the January, 2010 recall of several McNeil Consumer Healthcare products because of a musty or moldy smell associated with the product.  The company inadvertently omitted these lots from the original recall.

Four lots of Benadryl Allergy Ultratab Tablets, 100 count, are affected by this recall.  The lots affected are: AJA008, ADA194, ABA022, ABA264.  The products have an NDC number of 50580-226-10 and UPC code of 312547170338.  One lot of Extra Strength Tylenol Rapid Release Tablets, 50 count, is also affected.  The lot number is: ASA202, with an NDC number of 50580-488-50 and UPC code of 300450488503.

If you own the recalled products you can contact the company on information for getting a replacement product or a refund of the purchase price.  You can contact the company by phone at 888-222-6036 Monday to Friday 8 am to 8 pm Eastern Time, and 9 am to 5 pm Eastern Time on Saturday and Sunday) or visit their product reall site by clicking here.

GE and the US Consumer Product Safety Commission announced a voluntary recall of GE Front Load Washers.  If you own one of the recalled products you should stop using it and contact the manufacturer for more information.

The reason for the recall is due to fire and shock hazards.  There is a problem where a wire can break in the machine and make contact with part of the metal wash tub.  This can cause smoke, fire and shock hazards.  GE reported that they are aware of seven incidents with the recalled product in which flames escaped the washer and caused minor damage, but no injuries.

Here is a list of the GE Front Load Washing Machines that are involved in the recall:

Model Number Begins With:  WBVH5

Serial Number Begins With: AM, AR, AS, AT, DM, DR, DS, FM, FR, FS, GM, GS, HM, HR, HS, LM, LR, LS, MM, MR, MS, RM, RR, RS, SM, SR, SS, TM, TR, TS, VM, VR, VS, ZL, ZM, ZR, ZS
You can find the model and serial numbers on your washing machine, located on the bottom right side and on the bottom door frame.  These GE Front Load Washers were sold in various retail stores nationwide from December 2006 to May 2010.

If you have a recalled washing machine you should unplug it from the wall and contact the company for a free repair.  You can contact GE at 800-345-4124 between 8 am and 5 pm ET Monday to Friday, or visit their website.  Click here for a link to the site.

Kroger issued a recall on some of its packages of Deluxe Chocolate Paradise Ice Cream because it might contain tree nuts, a fact that was not disclosed on the label.  The recall affects this product and its 48 ounce size, with a sell by date of Jan. 24, 2011.  The sell by date is located under the UPC code on the package (the UPC code should read 11110 50712 on the recalled packages).

This recall affects ice cream sold by Kroger in the following states: Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Carolina, Ohio, South Carolina, Tennessee, Texas, Virginia and West Virginia.

The recall also affects the product sold in its affiliated stores Jay C, Food 4 Less, Hilander, Owen’s, Pay Less and Scott’s stores in Indiana and Illinois.

If you purchased the recalled Kroger Ice Cream you can get a refund of the purchase price at any Kroger or Kroger-affiliated store.  Here is a phone number where you can contact the company with questions about the recall: 800-632-6900.

The reason for this recall by Kroger is because the ice cream could contain tree nuts.  If you or your family members are not allergic to tree nuts there is no safety issue in eating the recalled ice cream.  If you are allergic to tree nuts the fact that they exist in this product and it wasn’t disclosed can be a significant health risk.  One of the most common food allergies around is an allergy to tree nuts.  The physical reaction a person can have to exposure to tree nuts is significant, even if the person is only exposed to trace amounts of the product. 

For more information about the Kroger Ice Cream recall you can also visit their website.  Click here for a link to their page on recalls.