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Chobani Class Action Lawsuit Alleges Distribution of Moldy Greek Yogurt
A class action lawsuit was filed against Chobani Inc. in California federal court in the wake of the company’s recent recall of various varieties of its yogurt. The complaint alleged that “[a]s a result of Chobani manufacturing and distributing moldy yogurt without taking the proper precautions, defendant placed in the stream of commerce product that is unusable, unsafe and has caused purchasers and consumers of yogurt to suffer or potentially suffer illness, as well as the loss of monies.”
In a September 6 blog posted on Chobani’s website, the company countered by asserting that the mold associated with the recalled yogurt, mucor circinelloides, is not considered a disease-causing foodborne microorganism and it “should not pose a health risk to most consumers. Very rarely, it can act as an opportunistic pathogen, but not through food and usually only for people with compromised immune systems through inhalation. The organism is regularly used for the production of natural flavor compounds that are widely used in the food industry.”
The lawsuit alleges claims for breach of the implied warranty of merchantability for food and negligence.
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