Cadbury Salmonella claim leads to product recall

Cadbury has announced that 250 tons of chocolate are to be buried, after a full product recall last week, following revelations that the chocolate products may be contaminated with the bacterium salmonella leading to a salmonella scare.

In January 2006, a fault was discovered in a pipe at Cadbury's factory in Marlbrook, Herefordshire, which resulted in leaking waste which may have infected a chocolate mix. A decision was made by Cadbury Managers to carry on production, alleging that the contamination levels were minimal and not a threat to consumers.

Cadbury recalled chocolate

However, the Health Protection Agency (HPA) recently noticed a sudden rise in the number of people contracting salmonella montevideo, a rare strain of the disease; in 2005 there were only 14 cases “ in the four months to June 2006, over 53 cases were reported to the HPA. Laboratory tests have shown salmonella montevideo to be the same contaminant in their recalled chocolate. Cadbury notified the HPA of the contamination in January, but the information was not passed onto the Food Standards agency until late last week.

Under the Food Safety Act 1990, companies must withdraw food from the market when they have confirmed contamination, and are responsible for informing all the relevant authorities. The salmonella contamination was not disclosed until 5 months after it was discovered. The Food Standards Agency has begun an investigation into Cadbury's conduct, and a decision will be made shortly on whether to prosecute the company. Businesses which sell unsafe food may have to pay compensation to individuals who can show that they have been injured and/or have suffered loss as a result.

Cadbury salmonella compensation claims

Cadbury salmonella compensation claims may be awarded either:-

- if an individual successfully sues for negligence and is awarded compensation for loss or injury;

- by way of a claim under the Consumer Protection Act 1987, which imposes strict liability on manufacturers for defective products;

- if the criminal Courts make an Order requiring a convicted offender to pay compensation to an individual who can show loss and injury connected with the offence.

The recalled products are:-

¢ Dairy Milk Turkish 250gs
¢ Dairy Milk Caramel 250gs
¢ Dairy Milk Mint bars 250gs
¢ Dairy Milk Eight Chunk bars
¢ Dairy Milk 1 kg bar
¢ Dairy Milk Buttons Easter Egg 105gs
¢ 10p Freddo Bars

Do you have a salmonella claim? If you or someone you know before you have suffered adverse health effects as a result of the recalled products, you should consult us. Irwin Mitchell Solicitors have vast experience in handling cases involving defective products and claims arising from salmonella contamination. You may not be alone, in which case, we will refer you to an experienced member of our Group Action Team.

If you or a loved one has been injured or fallen ill due to a faulty or defective product, our personal injury claims team could help you claim compensation. View our Product Liability Claims page for more information.