2010 July Archive

Cereal maker, Kellogg’s, is calling an “off” odor and taste the reason for its recall of 28 million boxes of popular kids cereal.

Working with the Food and Drug Administration (FDA), Kellogg’s on Friday, June 25, issued the recall for Corn Pops, Honey Smacks, Froot Loops, and Apple Jacks. Look for the letters “KN” following the Better If Used Before date. Products with a “KM” designation are not included in the recall and no products in Canada are affected.

The company is not revealing what is responsible for the “off” odor and taste. Five people have reported symptoms of nausea, vomiting, and diarrhea.

“We apologize to our consumers and our customers and are working diligently to ensure that the affected products are rapidly removed from the marketplace,” said David Mackay, president of Kellogg Company.

There is a consumer hotline at 888-801-4163, available weekdays. Consumers who suffer an illness and lost time at work may want to contact a Florida food product liability attorney to learn more about potential legal options.

Here is a list of the cereals listed in the recall.

Kellogg’s® Apple Jacks®

• UPC 3800039136 1: 17 ounce package with Better if Used Before Dates between APR 10 2011 and JUN 22 2011
• UPC 3800039132 3: 8.7 ounce packages with Better if Used Before Dates between JUN 03 2011 and JUN 22 2011

Kellogg’s® Corn Pops®

• UPC 3800039109 5: 12.5 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011
• UPC 3800039111 8: 17.2 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011
• UPC 3800039116 3: 9.2 ounce packages with Better if Used Before Dates between APR 05 2011 and JUN 22 2011

Kellogg’s® Froot Loops®

• UPC 3800039118 7: 12.2 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011
• UPC 3800039120 0: 17 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011
• UPC 3800039125 5: 8.7 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

Kellogg’s® Honey Smacks®

• UPC 3800039103 3: 15.3 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

A Florida woman was awarded $8 million by a New York Jury on Friday, June 25, after claiming that the drug, Fosamax, damaged her jaw. Drug maker, Merck says it will appeal, according to this Reuters report.

Shirley Boles, 71, of Walton Beach, Florida sued the pharmaceutical giant in 2008 claiming that her dental and jaw bone has deteriorated from use of the drug. Fosamax is among a class of bisphosphonates, used to treat the bone-thinning disease, osteoporosis. The drug is supposed to slow down the breakdown of bone, but in many cases it is not allowing healthy bone to rebuild. Boles is just one of more than 1,000 women who claimed they experienced osteonecrosis, or death of the jawbone. The jury decided that Fosamax was defectively designed.

This was Boles’ second attempt at trial after her first effort ended in a mistrial. Both sides of the issue have been watching her case closely. Merck issued a statement saying that Fosamax did not injure the plaintiff’s jaw and that is a safe and effective medication.

What should send a chilling message to Merck is the fact that the jury decided to award $3 million more than Ms. Boles had requested. Since we did not sit in the courtroom, we have no idea what convinced the jury, but Judge John Keenan was quoted as saying, “I have never heard a more outrageous summation in my life.” He was referring to Boles’ lawyer, who reportedly encouraged the jury to punish Merck.

Merck is already starting the clock on post-trial motions. There are many trials yet to come so it is vital for the giant pharmaceutical company to win the first cases. If you or a loved one has been injured by a defective drug or medical device, an experienced Tampa personal injury attorney will help you explore your options. There is a limited time within which to bring a claim for a medical injury.