A proposed class action lawsuit focuses on customers in West Virginia affected by a cyclospora outbreak linked to Taco Bell items containing contaminated lettuce. The legal action seeks damages of at least $200 per customer.
Details of the Lawsuit
Attorneys for West Virginia resident Lawrence Null filed the lawsuit against Taco Bell and lettuce supplier Taylor Farms on July 21 in the United States District Court for the Central District of California. Both companies are based in California.
Null purchased three cheesy bean and rice burritos and a mini taco salad containing lettuce at a Taco Bell in Ravenswood, West Virginia, on June 29. According to the complaint reviewed by Newsweek, Null stated he would not have bought these products if he had known about the contamination.
This lawsuit differs from others filed amid the cyclospora outbreak because it focuses on economic loss, not personal injury. The complaint argues that all class members experienced economic harm by paying full price for food deemed valueless due to contamination.
Allegations in the Lawsuit
The lawsuit claims violations of the West Virginia Consumer Credit and Protection Act, breaches of warranty, unjust enrichment, and negligence. It accuses Taylor Farms of selling contaminated lettuce marketed as safe for consumption and Taco Bell of using it as a regular ingredient in their meals.
The legal complaint highlights prior incidents involving Taylor Farms, like a 2024 E.coli outbreak, as reasons the company should have been aware of contamination risks. Despite these issues, the lawsuit alleges Taylor Farms failed to mitigate contamination effectively.
Objectives of the Lawsuit
The lawsuit seeks class action certification and asks to appoint Null as the class representative. It aims for a legal declaration of the defendants’ misconduct and requests various types of damages, including actual, statutory, and treble damages, as permitted by law.
The complaint claims a nationwide class deserves compensatory damages and other relief. Null and West Virginia consumers are entitled to either actual damages or $200 per violation, whichever is greater.
Understanding Cyclospora
Cyclospora is a microscopic parasite often found on produce irrigated with contaminated water. When consumed, it causes gastrointestinal illness with symptoms like frequent and explosive bowel movements, according to the CDC.
Outbreak Investigation
Federal authorities are examining a cyclospora outbreak linked to shredded lettuce used at Taco Bell. Initially focused on five states, the CDC’s investigation now includes nine states following reports of illnesses due to contaminated lettuce sourced from Mexico.
The FDA believes lettuce from Taylor Farms in Mexico was responsible for the outbreak. Taylor Farms voluntarily recalled iceberg lettuce from central Mexico, and Taco Bell removed affected lettuce from its locations.
Despite these measures, federal health officials caution that other sources or distribution channels might be affected. Cyclospora cases across the United States have hit a record, with 45 states reporting infections since May 1. According to the CDC’s most recent update, there have been 6,707 confirmed cases and 423 hospitalizations without any reported deaths.