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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default Flesh Found In Freshly Opened Beverage

    I recently purchased a well known chocolate beverage from a well known grocery chain and brought it home. I opened it up and poured a glass of it and began to take a sip. After a few seconds I realized that a large object entered my mouth and began spitting it out. To my surprise I found a 1.5 inch by 1 inch piece of raw, moldy flesh. I quickly washed it off and realized that this was potentially hazardous. I then went to the emergency room feeling very nauseous and the doctor confirmed it was a piece of flesh. Then returned home. After doing some reasearch I found that the beverage I consumed was advertised on their website to be Kosher free and also have no animal derivatives hidden in any of their ingredients. I was woundering if I have a case and if their is a research company that analyzes flesh. If someone has information on an attorney or research lab that does this type of case in CALIFORNIA please let me know.

  2. #2

    Default Re: Flesh Found In Freshly Opened Beverage

    You have a duty to contact either the manufacture, the FDA or the retailer in this matter. Report the matter to the FDA. Failure to do so raises suspicions on your part. Remember the Wendy's finger in the chili incident?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Flesh Found In Freshly Opened Beverage

    The Wendy's case that ended with the person making the claim getting charged with a felony for lying? Let's hope he doesn't need to remember that one.

    If that happened to me, I would consider making a police report, as well as reporting the incident to the grocery store and manufacturer, as it sounds like there may have been product tampering at some point in the assembly or distribution process, or while it was on the store shelf.

  4. #4
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Flesh Found In Freshly Opened Beverage

    Quote Quoting Mr. Knowitall
    View Post
    The Wendy's case that ended with the person making the claim getting charged with a felony for lying? Let's hope he doesn't need to remember that one.

    .

    DING DING DING DING ok, so you are Mr Knowitall, I agree heheheheheh

    This sure sounds like a familiar story.

  5. #5
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Flesh Found In Freshly Opened Beverage

    one of the first things i did was contact the FDA, and reported it to the soy milk company.

  6. #6

    Default Re: Flesh Found In Freshly Opened Beverage

    Good to hear. Your first post did not mention this - just "independent lab" and "attorney".

    You may realize some payment for your inconvience, but unless you can articulate real damages, don't look for a large settlement amount. Product tampering cases occur much more often than what appears in the media.

    I really don't think your senario is really product tampering. Accidents happen during the manufacturing process and companies do have the processes in place to detect what you found in your milk product. Every once in a while something slips by. It shouldn't - but it does.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Flesh Found In Freshly Opened Beverage

    Quote Quoting mr.p
    View Post
    one of the first things i did was contact the FDA, and reported it to the soy milk company.
    This is good.

    However, I agree with Security Consultant that I really don't see any damages that would result in much of a money settlement.

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