The U.S. Food and Drug Administration (FDA) recently classified a recall involving Brazil nuts from NOW Real Food as a Class II recall, indicating potential health risks. Illinois-based NOW Real Food first recalled its Whole & Unsalted Raw Brazil Nuts on August 14 due to high levels of mold and yeast found in the product. The FDA has now escalated the recall to Class II, signaling that while serious health consequences are unlikely, adverse effects may still occur and may be medically reversible.
The affected Brazil nuts were distributed nationwide, as well as in Singapore, and were sold in 12-ounce bags with a best-before date of September 2025. The lot code for the recalled products is 3343549, and the UPC code is 733739070128. Consumers who purchased these products are advised to stop using them immediately.
Mold and yeast contamination poses a variety of health risks. While molds are typically associated with food spoilage, they can also produce mycotoxins, poisonous substances that can make consumers ill. The FDA notes that molds and yeasts can grow on a wide range of food products, including grains, nuts, fruits, and even processed foods. They may be present even when there are no visible signs, such as rot spots or slime, which makes it essential for consumers to heed the recall notice and avoid consuming the affected products.
In cases where mold or yeast is present in food, symptoms can range from mild allergic reactions to more serious respiratory issues, particularly for individuals with weakened immune systems. Elderly individuals, those undergoing chemotherapy, and people with HIV are especially vulnerable to these infections. Although yeast generally poses a lower risk of foodborne illnesses compared to mold, certain strains can cause infections, particularly in immunocompromised individuals.
How Mold and Yeast Contamination Harms Consumers
Mold and yeast contamination in food can have significant health consequences for consumers. Molds produce mycotoxins, which are toxic substances that can lead to serious illness when ingested. Some strains of mold, such as Aspergillus, can lead to respiratory infections and other complications, especially in those with compromised immune systems. Symptoms of exposure to mycotoxins include nausea, vomiting, diarrhea, and respiratory issues.
For individuals who are immunocompromised, such as the elderly, those undergoing chemotherapy, or individuals living with HIV, exposure to contaminated food products can lead to more severe health risks. These consumers may experience heightened allergic reactions, respiratory distress, and, in some cases, systemic infections. Even for healthy individuals, ingesting foods contaminated with mold or yeast can result in discomfort, including gastrointestinal symptoms and allergic reactions.
Potential Legal Actions for Victims of Contaminated Products
Consumers harmed by contaminated food products like the recalled Brazil nuts may be able to file a product liability lawsuit to seek compensation for their injuries. Food manufacturers have a legal duty to ensure that their products are safe for consumption. When that duty is breached and consumers are harmed, the manufacturer may be held accountable for the damages caused.
The process of filing a product liability lawsuit typically begins with gathering evidence, such as medical records and proof of purchase, to demonstrate that the contaminated product caused the harm. Victims should seek medical attention as soon as possible to document the injuries or illnesses caused by the contaminated food. Once medical care has been obtained, the next step is consulting with an attorney who specializes in product liability claims.
An attorney will guide victims through the legal process, ensuring that they meet the necessary filing deadlines and submit all required documentation. The attorney will also work to prove that the manufacturer was negligent in allowing the contaminated product to reach consumers. Victims may be entitled to recover compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and other related costs.
Why Victims Need an Attorney
Navigating a product liability lawsuit can be complex, and victims may find it difficult to handle on their own. An experienced attorney will ensure that victims understand their rights and are able to pursue the compensation they deserve. Attorneys play a crucial role in gathering evidence, negotiating with the manufacturer’s legal team, and representing victims in court if necessary.
Additionally, product liability laws vary by state, and an attorney with experience in this area can ensure that victims meet all legal requirements in their jurisdiction. In cases involving large corporations, such as food manufacturers, the defense may be well-funded and prepared to fight claims vigorously. Having an attorney on your side increases the chances of securing a favorable outcome.
Potential Damages in a Product Liability Lawsuit
Victims who file a product liability lawsuit may be eligible to recover several types of damages. These can include compensation for:
- Medical expenses: Costs associated with treating the illness or injury caused by the contaminated product, including hospital stays, doctor visits, and medication.
- Lost wages: If the illness or injury caused the victim to miss work, they may be able to recover the income they lost during their recovery period.
- Pain and suffering: Victims may be entitled to compensation for the physical and emotional distress caused by the contaminated product.
- Punitive damages: In some cases, courts may award punitive damages to punish the manufacturer for particularly egregious conduct.
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