Legal Question in Product Liability in Texas

I am a co-packer (food manufacturer), we pack for numerous clients. Our name is not on the label, our clients name is on the label. A recipe was made and spices went into the batch. Unknowing to us (co-packer) a spice had and allergen (peanut proteins) in the cumin. Cumin is not an allergen and not treated as such. We the co-packer were notified by our spice supplier that the cumin may contain peanuts. We contacted FDA and called our customer and told him we were issuing a voluntary recall. The food stores he put his product into charged him 80, 000 for labor to pull product.. Are we the co-packer liable for this charge?

Asked on 3/04/15, 1:39 pm

1 Answer from Attorneys

R Gary Stephens Stephens & Stephens

Way too complex for law guru. Short answer-you have substantial exposure. Indemnity from spice supplier because of contamination. Put spice supplier on notice. Did any of the product reach public? That is real exposure. Get NMR or another lab to do independent analysis of statistical sampling of the recalled product. If you are going to throw away the recalled product, give notice to those interested. I was involved in Peanut Corp of A cases-Salmonella Tenn. Some are still pending 8(?) Years later. Best wishes. R. Stephens 713-629-1111

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Answered on 9/25/15, 4:02 am

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