Jump to content

  • Quick Navigation
Photo

Complaint Liability...tooth injury caused by one caramelized piece


  • You cannot start a new topic
  • Please log in to reply
4 replies to this topic

maylao123

    Grade - MIFSQN

  • IFSQN Member
  • 76 posts
  • 3 thanks
1
Neutral

  • Canada
    Canada

Posted 31 December 2019 - 09:05 PM

Hi all, we recently have a customer complaint of tooth injury by one caramelized piece which is a natural part of our products. We do try our best to reduce and eliminate these kind of hard pieces by monitoring the fire and increasing sorting during processing. The question is can we actually be held liable for what is seen as "Normal" food? For example, if I have a filling and eat popcorn at a movie theater, but bite into a kernel, does the movie theater owe me my dental visit because I ate popcorn?  



mgourley

    Grade - FIFSQN

  • IFSQN Fellow
  • 1,278 posts
  • 946 thanks
214
Excellent

  • United States
    United States
  • Gender:Male
  • Location:Plant City, FL
  • Interests:Cooking, golf, firearms, food safety and sanitation.

Posted 31 December 2019 - 09:16 PM

If the material is naturally occurring as part of your product, I would say no, you have no liability.

 

Checking with your legal department/advisers would be a good option though.

 

Marshall



SQFconsultant

    SQFconsultant

  • IFSQN Fellow
  • 3,746 posts
  • 943 thanks
829
Excellent

  • United States
    United States
  • Gender:Male
  • Interests:American Patriot
    WWG1WGA
    Never give up, never give in - always win!
    Martha's Vineyard Island, Massachusetts

Posted 01 January 2020 - 11:50 AM

I only know that my attorney would go after the movie house and the manufacturer too.

 

To avoid that I'd pay the dental visit fee.


Kind regards,
Glenn Oster
 
GOC BUSINESS GROUP | SQF System Development, Implementation & Certification Consultants
Internal Auditor Training - eConsultant Retainer Subscriptions - Pre & Post SQF-GAP Audits - Consultant Training
Visit us @ http://www.GlennOster.com  or call us @ 772.646.4115 US-EST 8am-4pm Anyday except Thursday
 
 

BuckeyeGal

    Grade - Active

  • IFSQN Active
  • 9 posts
  • 2 thanks
2
Neutral

  • United States
    United States

Posted 02 January 2020 - 07:19 PM

Lawyers can be expensive.  Often a well phrased explanation and free product vouchers go a long way.



FurFarmandFork

    Food Safety Consultant, Production Supervisor

  • IFSQN Fellow
  • 1,264 posts
  • 584 thanks
191
Excellent

  • United States
    United States
  • Gender:Male
  • Location:Oregon, USA

Posted 02 January 2020 - 07:43 PM

Used to deal with similar complaints for bone fragments in ground meat products.

 

Feel them out, and eventually you may realize they just want something, hopefully it's not just free product.

 

Also keep in mind that legal threats go both ways, if someone threatens to extort you on social media, you can have your legal representative reach out on some letterhead, that tends to calm some people down.


Austin Bouck
Owner/Consultant at Fur, Farm, and Fork.
Consulting for companies needing effective, lean food safety systems and solutions.

Subscribe to the blog at furfarmandfork.com for food safety research, insights, and analysis.




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users