Cyclospora Outbreak Class Action Lawsuit Alleges Taylor Farms Distributed Contaminated Lettuce

Class action complaint seeks economic losses for consumers who purchased allegedly contaminated Taco Bell food, claiming the products were adulterated and unfit for sale.

Two individuals have filed a proposed class action lawsuit, alleging they were sold iceberg lettuce that federal health officials later linked to a multistate Cyclospora food poisoning outbreak.

The complaint (PDF) was brought by Lawrence Null and Danielle Long in the U.S. District Court for the Northern District of California on July 23, naming Taylor Fresh Foods Inc., doing business as Taylor Farms, and Taco Bell Corp. as defendants. 

Unlike personal injury lawsuits filed by individuals who became ill, Null and Long seek only economic damages for an affected group of consumers. They allege both they and other class members paid for food products that were adulterated and legally unfit for sale.

Cyclospora Food Poisoning Outbreak 

Cyclospora is a microscopic parasite that causes cyclosporiasis, an intestinal infection typically spread through food or water contaminated with human feces. The illness can cause severe diarrhea, nausea, stomach cramps, fatigue, fever and weight loss, with symptoms often persisting for weeks without treatment.

Federal health officials launched an investigation earlier this month after reports of a multistate Cyclospora outbreak. As of July 24, the FDA and CDC had confirmed at least 1,947 infections across Illinois, Indiana, Kansas, Kentucky, Michigan, Ohio, Oklahoma, Pennsylvania and West Virginia, including 98 hospitalizations, while indicating thousands of additional illnesses in 34 states may also be connected.

On July 17, traceback investigators identified shredded iceberg lettuce served at Taco Bell as the likely source of the outbreak. The restaurant chain announced it had removed all potentially affected lettuce from its locations out of an abundance of caution. Investigators traced the product to Taylor Farms, which recalled the implicated lettuce the same day.

In the wake of the outbreak, a growing number of Cyclospora food poisoning lawsuits have been filed against Taylor Farms and Taco Bell, alleging contaminated lettuce distributed by the supplier caused consumers to suffer severe parasitic infections after eating at the fast-food chain.

Cyclospora Outbreak Class Action Lawsuit

According to the complaint, Null, of West Virginia, purchased three Cheesy Bean and Rice Burritos with added iceberg lettuce and a Mini Taco Salad from a Taco Bell restaurant in Ravenswood, West Virginia, on June 29.

The lawsuit alleges Taylor Farms supplied contaminated iceberg lettuce that Taco Bell incorporated into menu items sold to consumers before the products were recalled or otherwise removed from commerce.

Raising similar allegations, Long, of Kentucky, indicates she purchased a Build Your Own Luxe Cravings Boxes, which included a Crunchwrap Supreme containing iceberg lettuce, at a Taco Bell restaurant in Russel, Kentucky on July 14.

Both plaintiffs contend they would not have purchased the food, or would have paid substantially less for it, had they known the lettuce was potentially contaminated with Cyclospora.

The complaint alleges the food products were adulterated and worthless at the time of sale.

“Food that bears or contains a poisonous or deleterious substance, or that is prepared, packed, or held under insanitary conditions whereby it may have become contaminated, is adulterated under 21 U.S.C. § 342 and cannot lawfully enter commerce. Defendants nonetheless sold that lettuce to consumers as ordinary, wholesome food.”

— Lawrence Null et al. v. Taylor Fresh Foods Inc. et al.

Null and Long raise allegations of breach of implied warranty of merchantability, unjust enrichment, negligence and violations of various state consumer protection laws. The proposed class action seeks certification of a nationwide class of consumers in addition to West Virginia and Kentucky subclasses who all purchased food containing the allegedly contaminated iceberg lettuce. The complaint is also asking for actual, statutory and treble damages, as well as injunctive relief.

In addition to consumer economic-loss claims, individuals who allegedly became ill after eating contaminated lettuce have begun pursuing personal injury lawsuits against Taylor Farms and Taco Bell, alleging they suffered severe gastrointestinal illness, medical expenses and other damages after consuming food linked to the outbreak.

FDA Cyclospora Outbreak Investigation

The FDA said on July 19 that an earlier laboratory result suggesting Taylor Farms lettuce tested positive for Cyclospora may have been a false positive. However, the agency has emphasized it is not changing its guidance regarding the company’s lettuce and that the investigation remains ongoing.

As a result, attorneys expect additional Cyclospora outbreak lawsuits to be filed against Taco Bell and Taylor Farms by consumers who allege they became ill after eating contaminated food. If investigators identify a definitive source of the outbreak, the litigation could expand to include additional restaurants, growers, distributors and other companies involved in the produce supply chain.

Companies linked to past E. coli, Salmonella and Listeria outbreaks have faced product liability lawsuits alleging inadequate food safety procedures allowed contaminated products to enter the food supply.

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