Blueberry Recall: What You Should Know About the Serious Risks of Contaminated Food and Your Legal Rights

4 min read time
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Key Takeaways

  • Contaminated food can cause serious illnesses, and recalls often happen only after consumers have already been harmed.
  • Food manufacturers, distributors, and retailers all have a duty to help ensure the products they sell are safe to eat.
  • If you became sick after eating recalled food, you may have legal options to pursue compensation for your injuries and losses.
  • Morgan & Morgan can review your case, explain your rights, and help determine whether you may have a food contamination claim.

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A bag of frozen blueberries may seem like one of the safest items in your grocery cart. But a recent recall involving frozen blueberries sold at Publix serves as another reminder that food contamination can happen at any point in the supply chain—and when it does, consumers can suffer serious consequences.

In July 2026, frozen GreenWise Organic IQF Blueberries sold at Publix stores across eight states were recalled after they were linked to a potential outbreak of E. coli O145. The recall followed reports of at least 12 illnesses, prompting an investigation by the U.S. Food and Drug Administration (FDA) and a warning for consumers to immediately stop eating the affected product. 

If you or someone you love became sick after eating contaminated food, you may be wondering whether anyone can be held responsible. The answer depends on the circumstances, but manufacturers, distributors, and retailers all have a legal duty to help ensure the food they place on store shelves is safe for consumers.

 

What Happened in the Publix Blueberry Recall?

According to the FDA, the recall involved 10-ounce bags of GreenWise Organic IQF Blueberries produced by Frutas y Hortalizas del Sur S.A. in Chile. 

The recalled blueberries were sold at Publix locations in:

  • Alabama
  • Florida
  • Georgia
  • Kentucky
  • North Carolina
  • South Carolina
  • Tennessee
  • Virginia

The affected product carried lot code 60401 with a best-by date of February 9, 2028. The recall was issued after reports connected the product to multiple illnesses caused by E. coli O145, a dangerous strain of bacteria capable of causing severe foodborne illness. Consumers were instructed to throw away the product or return it for a refund.

While recalls are intended to protect the public, they often occur only after people have already become sick.

 

Understanding E. coli Infections

Not all strains of E. coli are dangerous, but Shiga toxin-producing strains such as E. coli O145 can cause severe illness.

Common symptoms include:

  • Severe stomach cramps
  • Diarrhea, sometimes bloody
  • Nausea and vomiting
  • Fever in some cases
  • Dehydration

Symptoms typically develop within several days after eating contaminated food, although timing can vary. Most healthy adults recover within about a week. However, some infections become much more serious.

Young children, older adults, pregnant women, and individuals with weakened immune systems face a greater risk of developing complications such as hemolytic uremic syndrome (HUS), a potentially life-threatening condition that can lead to kidney failure.

 

How Food Becomes Contaminated

Food contamination doesn't always happen where consumers expect.

Fresh produce can become contaminated:

  • During growing or harvesting
  • Through contaminated irrigation water
  • During washing or processing
  • During packaging
  • During transportation
  • While stored in distribution facilities
  • At the retail level

Frozen foods are not automatically free from harmful bacteria. While freezing slows bacterial growth, it does not necessarily kill dangerous pathogens that may already be present.

That's why every company involved in bringing food from the farm to your freezer plays an important role in protecting public health.

 

Food Companies Owe Consumers a Duty of Care

When consumers purchase food, they have every reason to expect it is reasonably safe to eat.

Food manufacturers, processors, distributors, wholesalers, and retailers all have legal responsibilities to reduce the risk of contamination. 

Depending on the circumstances, those responsibilities may include:

  • Following federal food safety regulations
  • Maintaining sanitary processing facilities
  • Conducting appropriate testing
  • Properly storing refrigerated or frozen products
  • Monitoring suppliers
  • Preventing cross-contamination
  • Removing unsafe products from commerce as quickly as possible when problems are discovered

When companies fail to meet these obligations, contaminated food can reach consumers, resulting in preventable illnesses.

 

Can Grocery Stores Be Held Responsible?

Many people assume only the manufacturer can be liable after a foodborne illness.

In reality, multiple parties throughout the supply chain may share responsibility.

Depending on the facts of the case, liability may extend to:

  • Food manufacturers
  • Importers
  • Food processors
  • Distributors
  • Wholesalers
  • Grocery stores
  • Retail chains

Retailers are not automatically liable simply because they sold a recalled product. However, if a store failed to respond appropriately to known safety concerns, continued selling recalled products, or otherwise breached its responsibilities, it could potentially face legal claims.

Determining responsibility often requires a careful investigation into how contaminated food reached consumers.

 

What if You Became Sick Before the Recall?

One of the most frustrating aspects of food recalls is that they often happen after people have already become ill.

A recall does not create liability; it often serves as evidence that a dangerous condition existed.

If you experienced food poisoning before the recall was announced, you may still have legal rights if your illness can be linked to the contaminated product.

Medical records, laboratory testing, grocery receipts, loyalty card purchase histories, product packaging, and public health investigations can all help establish whether contaminated food caused your illness.

 

What Damages May Be Available?

A serious foodborne illness can involve far more than a few uncomfortable days.

Some people require:

  • Emergency medical treatment
  • Hospitalization
  • IV fluids
  • Kidney treatment
  • Long-term follow-up care
  • Time away from work

 

If negligence contributed to the contamination, injured consumers may be able to seek compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Ongoing medical care
  • Other losses resulting from the illness

Every case is different, and the available compensation depends on the specific facts.

 

What Should You Do if You Think Contaminated Food Made You Sick?

If you suspect food poisoning:

  • Seek medical attention, especially if symptoms become severe or include bloody diarrhea, persistent vomiting, signs of dehydration, or high fever.
  • Keep any remaining product, original packaging, or receipts if possible.
  • Avoid throwing away important evidence until you've documented it.
  • Follow all medical recommendations and testing.
  • Report the illness to your local health department when appropriate.

If your illness resulted in significant medical treatment or complications, consider speaking with an attorney at Morgan & Morgan to better understand your legal options.

 

Morgan & Morgan May Be Able to Help

Food companies have a responsibility to place safe products into the marketplace. When contaminated food causes serious illness, injured consumers should not have to bear the financial burden alone.

Whether contamination occurred during manufacturing, distribution, or somewhere else in the supply chain, a thorough investigation may identify who is responsible.

If you or a loved one became seriously ill after eating contaminated food, Morgan & Morgan may be able to help you understand your legal rights and determine whether you have a claim. Our attorneys have experience investigating product liability and negligence cases involving dangerous consumer products, including contaminated food.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

Disclaimer
This website is meant for general information and not legal advice.

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