Product Recalls in Minnesota: Know Your Rights

In August 2024, a Minneapolis-based company recalled several varieties of fresh guacamole sold at Lunds & Byerlys grocery stores throughout the Twin Cities area and St. Cloud. The recall was triggered after routine testing revealed the presence of Listeria monocytogenes, a bacterium that can cause serious infections. Although no illnesses had been reported at the time of the recall, consumers were urged to return or destroy the product​.

Listeria contamination is particularly troubling because it can cause severe illness in pregnant women, newborns, older people, and individuals with weakened immune systems. Symptoms can take up to 70 days to appear, making it crucial for consumers to monitor their health if exposed to the bacteria.

Another significant recall involved Boar’s Head deli meats, which were linked to a multistate Listeria outbreak. This outbreak resulted in several deaths and numerous hospitalizations across 13 states, including Minnesota. The recall included various ready-to-eat deli products that were found to be contaminated during production. This recall affected millions of pounds of meat, underscoring the scale and seriousness of the issue.

Boar’s Head took immediate action, halting production and issuing a nationwide recall of the affected products. The company also faced legal action from consumers impacted by the outbreak, highlighting the legal implications of such widespread contamination.

PRO TIP: To stay current on food-related recalls, subscribe to the Minnesota Department of Agriculture’s Food Recall Newsletter. This service will give you regular updates on potentially hazardous food in Minnesota.

For a non-food example, Kawasaki USA recalled its Mule PRO 1000 off-highway utility vehicles in July 2024 due to a fire hazard. The recall was initiated because of improper combustion during engine startup, which could pose a significant fire risk. Consumers who purchased these vehicles were advised to stop using them immediately and contact Kawasaki for a free repair​.

This recall is a reminder that safety issues can arise with various products, not just food. Vehicles, electronics, and other durable goods are also subject to recalls, often for defects that can lead to severe injuries or accidents.

In the fitness category, iFIT recalled its ProForm 50 lb adjustable dumbbells due to an impact injury hazard. The weight plates on these dumbbells were found to dislodge during use, posing a risk of user injury. This recall was part of a broader trend of fitness equipment recalls for safety issues, which are more common as at-home fitness has surged in popularity.

In addition to these specific recalls, Minnesota is at the forefront of addressing broader safety concerns with PFAS (perfluoroalkyl and polyfluoroalkyl substances) in consumer products. The state legislature is considering a ban on PFAS in all consumer products by 2032 due to their environmental and health risks. While this is not a recall (yet), it signals an increasing focus on consumer safety and the proactive steps Minnesota is taking to protect its residents​.

Know Your Rights! Speak with a seasoned attorney ASAP to ensure you're fully protected.

The first and most crucial step is to stop using the recalled product as soon as you learn of the recall. Continued use of a recalled product can expose you to significant risks, whether a food item is contaminated with bacteria like Listeria or a piece of equipment prone to mechanical failure.

Every recall notice will provide specific instructions on what you should do next. This could include returning the product to the place of purchase, contacting the manufacturer for a refund or replacement, or following special procedures for disposal. In some cases, manufacturers may offer additional incentives for returning the product, such as coupons or discounts on future purchases.

PRO TIP: Always keep the original packaging, receipt, and any related documentation until the recall process is complete. This step will make it easier to return the product and ensure you receive the appropriate refund or replacement.

Reach out to the manufacturer or retailer where you purchased the product as soon as possible. They are typically required to provide you with a remedy, whether a full refund, a replacement, or a repair of the defective product. This process might involve mailing the product back, bringing it to a local store, or arranging a repair service.

After contacting the manufacturer or retailer, follow through with the entire recall process. This action might involve shipping the product back, taking it to a designated drop-off location, or scheduling a repair. Following through ensures that you’re keeping yourself safe and complying with the recall’s requirements. Taking this step will help strengthen any future legal claims.

Throughout the recall process, it’s crucial to keep detailed records of all your actions, including communications with the manufacturer or retailer, shipping receipts, and any responses you receive. This documentation is vital if you later need to pursue legal action, join a class action lawsuit, or seek additional compensation.

One of the fundamental rights you have during a product recall is the right to a remedy, typically in the form of a refund, replacement, or repair. When a manufacturer recalls a product, they are obligated to offer you one of these options, depending on the nature of the defect and the type of product involved.

• Refunds are commonly offered for products that pose a significant safety risk and where repair or replacement is not feasible or practical.
• Replacements are provided for products with a safe, corrected version. The manufacturer may offer a replacement vehicle or parts to fix the defect.
• Repairs are offered when the defect can be corrected without replacing the product. This remedy is common in vehicle recalls or high-value items where the defect can be fixed through a service procedure, such as tightening a loose part or replacing a faulty component.

Manufacturers are required to inform consumers about a recall as soon as it’s initiated. This information is usually disseminated through various channels, including direct communication with customers, public notices, and postings on the manufacturer’s or retailer’s website. In Minnesota, consumers can also stay informed through local news outlets and websites that report product recalls.

PRO TIP: To keep on top of product recalls, consider signing up for alerts from the Consumer Product Safety Commission (CPSC).

If a recalled product has caused injury or damage, you have the right to seek legal action against the manufacturer, distributor, or retailer. This right is especially relevant in cases where the defect has led to serious harm, such as injury, illness, or death. Minnesota’s product liability laws allow consumers to file lawsuits to recover damages, such as medical expenses or pain and suffering.

In some cases, a class action lawsuit might be filed for a large group of consumers affected by the same product defect. This option allows individuals to join forces in seeking compensation, making the legal process more efficient and impactful. Alternatively, you might file an individual lawsuit, especially if your case involves significant personal injury or financial loss.

A product liability lawsuit is one of the primary ways to seek compensation if a defective product has injured you. These lawsuits can be based on several legal theories, including negligence, strict liability, and breach of warranty.

• Negligence: You might claim that the manufacturer failed to exercise reasonable care in the product's design, production, or marketing. For example, if a company knew about a defect but failed to issue a timely recall, this could be grounds for a negligence claim.
• Strict Liability: Under strict liability, a manufacturer can be held responsible for damages even if they were not negligent, as long as the product was defective and caused harm. This means you don’t have to prove that the manufacturer was careless, only that the product was inherently unsafe.
• Breach of Warranty: If a product fails to meet the terms of its warranty (whether express or implied), and this failure leads to injury or damage, you may have grounds for a breach of warranty claim. For instance, if a product is marketed as safe but turns out to be hazardous, this could be considered a breach of the implied warranty of merchantability​.

The compensation you might receive in a product liability case can cover a wide range of damages, including:

• Medical expenses
• Lost wages
• Disability
• Pain and suffering
• Property damage
• Punitive damages

Like any injury lawsuit, product liability claims are subject to a statute of limitations. The exact limit will depend on the type of liability you are claiming.

• For negligence, the statute of limitations is six years after the injury occurred.
• For strict liability, the statute of limitations is four years.
• For breach of warranty, the statute of limitations is four years.