A major food recall has been issued for Marketside Broccoli Florets sold at Walmart in 20 states due to potential contamination with Listeria monocytogenes, a dangerous bacterium that can lead to severe illness and even death. The recall, initially announced by Braga Fresh on December 31, 2024, was later classified as a Class I recall by the U.S. Food and Drug Administration (FDA) on January 27, 2025. A Class I designation is the most serious recall level, reserved for products that pose significant health risks, including life-threatening complications.
The contamination was discovered through routine store sampling conducted by Texas Health and Human Services, which tested broccoli from a Walmart location in Texas and confirmed the presence of listeria. While no illnesses have been reported as of yet, the recall serves as a critical warning for consumers who may have purchased and consumed the product.
The affected product is a 12-ounce bag of washed and ready-to-eat Marketside Broccoli Florets, with a best-used-by date of December 10, 2024. Consumers can identify the recalled product by checking the UPC code (6 81131 32884 5) on the back of the bag and the lot code (BFFG327A6) on the front. The recalled broccoli was sold at Walmart stores in multiple states, including Texas, California, Illinois, Michigan, Arizona, and Washington.
How Listeria Contamination Puts Consumers at Risk
Listeria monocytogenes is a bacterium that causes listeriosis, a serious foodborne illness that can lead to severe complications, particularly in vulnerable populations. While healthy individuals may experience mild flu-like symptoms, those with weakened immune systems, the elderly, pregnant women, and newborns face a much higher risk of life-threatening complications.
Symptoms of listeriosis include fever, muscle aches, nausea, diarrhea, and more severe neurological effects such as headaches, stiff neck, confusion, loss of balance, and convulsions. In pregnant women, listeria infection can result in miscarriage, stillbirth, premature birth, or a potentially fatal infection in newborns. Given the severity of these risks, consumers who have purchased the recalled broccoli are strongly advised to dispose of it immediately.
Foodborne illnesses linked to listeria can be difficult to diagnose because symptoms often do not appear immediately. In some cases, symptoms may take weeks to develop, making it challenging to connect the illness to the contaminated food source. This delay in onset underscores the importance of food safety regulations and thorough testing of consumer products before they reach store shelves.
The recall highlights the dangers of contamination in ready-to-eat food products, particularly those that are not typically cooked before consumption. While proper cooking can kill listeria bacteria, many consumers eat pre-washed vegetables like broccoli raw, increasing the risk of infection.
Legal Rights for Those Harmed by Contaminated Food
Consumers who have suffered serious illness after consuming the contaminated broccoli may have legal options to seek compensation for their injuries. Under product liability laws, food producers, distributors, and retailers can be held responsible if they sell contaminated products that cause harm to consumers.
Victims of foodborne illnesses can file lawsuits based on claims of negligence, strict liability, or breach of warranty. Negligence claims may argue that the company failed to follow proper food safety protocols, leading to contamination. Strict liability claims focus on holding the manufacturer responsible regardless of intent, as companies have a duty to ensure their products are safe. Breach of warranty claims argue that the food was not fit for consumption despite being marketed as safe.
Legal action can provide compensation for medical expenses, lost wages due to time missed from work, pain and suffering, and other damages. In cases where a listeria infection leads to a wrongful death, the family of the deceased may also have the right to pursue compensation for their loss.
The Process of Filing a Product Liability Lawsuit
Victims who have been diagnosed with listeriosis after consuming contaminated food can begin the legal process by gathering medical records, receipts, and any other documentation linking their illness to the recalled product. The first step in a product liability case involves filing a complaint against the manufacturer, distributor, or retailer responsible for the contaminated food.
The lawsuit process typically includes an investigation into the source of contamination, expert testimony on food safety violations, and evidence demonstrating the connection between the recalled product and the illness. Companies may attempt to dispute liability by arguing that the contamination occurred after the product left their control, but experienced attorneys can present evidence proving negligence in food handling or testing procedures.
Settlements are common in foodborne illness cases, as companies often seek to avoid lengthy litigation and the negative publicity associated with selling contaminated products. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and award damages.
Why Legal Representation is Critical for Food Contamination Cases
Handling a product liability claim alone can be overwhelming, especially when dealing with a serious illness. Large food corporations have legal teams dedicated to minimizing their liability, and without experienced legal representation, victims may struggle to obtain fair compensation. An attorney can help gather medical evidence, negotiate with the defendants, and fight for the full extent of damages a victim is entitled to.
Legal representation is particularly important in cases involving severe illness, hospitalization, or long-term health complications. Many foodborne illness victims face extensive medical bills, ongoing treatment, and significant disruptions to their daily lives. A knowledgeable attorney can ensure that all damages, including future medical costs and emotional distress, are factored into the claim.
Potential Compensation for Victims of Contaminated Food
Victims who have suffered from listeria poisoning due to contaminated food may be eligible for various forms of compensation, depending on the severity of their illness. Compensation can include:
- Medical expenses: Coverage for hospital stays, doctor visits, medications, and ongoing treatment.
- Lost wages: Reimbursement for income lost due to an inability to work during recovery.
- Pain and suffering: Compensation for the physical and emotional distress caused by foodborne illness.
- Wrongful death damages: If a loved one died as a result of listeriosis, the family may be entitled to funeral expenses and loss of companionship damages.
If you or a loved one became ill after consuming the recalled Marketside Broccoli Florets, legal options may be available to seek compensation for your suffering. The national product injury law firm Parker Waichman LLP is committed to holding negligent food manufacturers accountable and helping victims recover damages.
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