Los Angeles, CA: A food poisoning class action lawsuit has been filed against Chobani Inc, the maker of Chobani Greek Yogurt. The lawsuit, filed by plaintiff Harold Green in California federal court, comes after the September 5th Chobani Greek Yogurt products recall due to a mold contamination and subsequent reports of consumer illness.
Green alleges in the lawsuit entitled, Harold J. Green v. Chobani Inc., Case No. 3:13-cv-02106, in the U.S. District Court for the Southern District of California, that Chobani has not identified the strain of mold its Greek yogurt products were contaminated with. He purchased 16 cups of the Chobani Greek Yogurt products on August 12, 2013, just prior to the recall, which his entire family consumed. The recalled yogurt products had a manufacturing code "16-012"and a "best by"date from September 11 through October 7, 2013.
Green alleges in the food poisoning lawsuit that Chobani has not publicly identified which strain of mold was found within the recalled yogurt products. The lawsuit states that Chobani' founder and CEO Hamdi Ulukaya released a statement suggesting that the mold is "common in the dairy environment"but that its presence is "still unacceptable to me and all of our yogurt makers."
However, the lawsuit asserts that the "vague and generalized statement does nothing to alleviate the concerns of thousands of customers who potentially could get sick, and many whom already have, as a result of consuming the Yogurt that contained a harmful or potentially harmful strain of mold."
The lawsuit cites a statement from the US Department of Agriculture which indicates that some molds can cause respiratory problems and allergic reactions, and under certain conditions, some strains of mold can produce mycotoxins which cause illness.
The lawsuit claims Chobani is negligent and in breach of the implied warranty of merchantability for food. The lawsuit has been filed on behalf of customers who purchased and/or consumed recalled Chobani Greek Yogurt.
Green is represented by Joshua B. Swigart of Hyde & Swigart and Abbas Kazerounian and Jason A. Ibey of Kazerouni Law Group APC.