Legal Question in Consumer Law in Massachusetts

Defective consumable drink in sealed bottel

Ten days back, we purchased a set of 24 botteles of a reputed consumable juice drink. We consumed few of them & then one day when i took out more bottels from the set to refrigerate, i noticed FUNGUS ''SWIMING ON THE TOP OF THE DRINK'' in the drink in SEALED BOTTEL. the bottel also has a crack on the bottom but not enough to leak even a single drop out of it & also a little peice of cracked glass is inside the bottel. i checked the expiry of the drink & its not yet expired. i purchased the set from a well known outlet & still have the bill. Please advice me that how can we take the case further as me & my family don't want to leave the matter by giving it back to the outlet & getting refund or may b any other product in exchange.

Thanks,


Asked on 12/07/05, 11:01 pm

2 Answers from Attorneys
Maria Murber Law Offices of Maria Murber, PC

Re: Defective consumable drink in sealed bottel

Contact the attorney generals office for consumer complaints and they can direct you to either file a complaint with them or other entities as noted below. Also, make sure you retain the product un-opened and in-tacked for your proof.

In addition, since everyone in your family drank this item, and you see particals or whatever in there, you may want to visit your doctor for check-ups.

You can also report this matter to your local board of health/health inspector/consumer regulator, the FDAC, etc. in the county where this retail store is located.

If you are in good health and have no affects from this product, then it would be tough to show any damages other than the purchase price of the product. However, I do urge you to report this immediately because whatever company is processing this item should recall it.

Good luck and please update me via email how you made out @ mmurber602comcast.net

Sincerely, Maria Murber

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Answered on 12/08/05, 5:35 am
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Defective consumable drink in sealed bottel

There are 2 possibilities: the juice was contaminated at the manufacturer, and gas from the growing matter caused the bottle to expand and crack or the container was dropped and the bottle cracked, especially under the cap and allowed air in to contaminate the drink.

Unless the contaminant is dangerous, no one is likely to get very excited about it. The FDA (Federal Food and Drug Administration) is the place to go to file a complaint if the manufacturer is a national brand. The MA Attorney General's Office, consumer protection division, or the Office of Consumer Protection (part of the governor's cabinet) can be contaced for locally-produced drinks. Your city or town board of health may be helpful, since the sooner the product is tested, the better. Do not open any more bottles (that is what the other lawyer meant by leaving it "in-tacked", though she really meant "intact").

You will be helping protect other people if you can do it sooner. You may not have ingested enough material to affect your health, but if the entire production run was infected or contaminated, older or sick people or children may be affected more easily, or the contaminant may grow worse over time.

FDA: www.fda.gov

MA Consumer Protection office: 8882833757 or www.consumeraction.gov

MA Attorney General: www.ago.state.ma.us/sp.cfm?pageid=967 Click on "file consumer complaint" on left.

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Answered on 12/08/05, 9:18 am


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