Legal Question in Consumer Law in Illinois

I purchased gummy bears from a store and they are contaminated with hairs and bugs. I can clearly see the bugs with my naked eye and then once examined under a microscope I was able to see hairs, wings, legs, and other contamination. A co-worker had purchased the same brand a few weeks ago and said that she had noticed them in hers so she contacted the brand and told them about it. She said they had removed them from the shelves but I purchased them at the same store on sale for $0.99. The only compensation she has received was a $3.00 gift card and another package of gummy bears. She seems to want to push the issue further, and I am with her. I am curious if we have a case. The company clearly knew their product was contaminated and they continued to sell it, and at a lower price! I am worried if there will be health concerns considering I ingested these filthy gummy bears.

Asked on 4/26/13, 11:07 am

1 Answer from Attorneys

Chen Kasher Chen Kasher

The company isn't necessarily liable for what happened with the gummi bears. It's possible they told the store to stop selling the product, but there was some miscommunication and the store left the product on the shelf.

As far as a case, it would have to involve some injury on your part. Otherwise, you don't have what is called "standing" to sue them. Even if you ingested the gummi bear and became sick, the company could still argue they are not liable because the danger was "open and obvious."

Finally, people ingest bugs and hairs all the time without incident. It's a sad truth of modern life. Imagine how many bugs are processed into your can of soup, your soda, or even your beer.

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Answered on 5/07/13, 6:42 pm

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