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

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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?  


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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.





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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.

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Posted 02 January 2020 - 07:19 PM

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


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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
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