Food poisoning in babies and toddlers is unfortunately far too common, but it can be difficult to notice the signs right away.
If baby food is tainted, spoiled, bad, or defective, then an infant can get very sick when they consume it. Because babies are still developing, it is very important for them to eat healthy food and to avoid all possible instances of food poisoning.
Most parents move quickly to take their child to get medical attention, and they may be very concerned to realize that their child has gotten sick directly as a result of the baby food that they ate. Infant food lawyers can help you to craft a compelling argument to hold the manufacturer accountable.
A claim for tainted or expired baby food can be filed based on your state's product law liability regulations. The U.S. Food and Drug Administration outlines all of the regulations associated with the distribution and sale of baby food. This requires any manufacturer of these kinds of foods to stay in compliance with 21 U.S.C. 321 of the Federal Food Drug and Cosmetic Act of the Code of Federal Regulations. If a distributor or seller of baby formula or bad baby food violates this federal code, then it is possible for parents to file a lawsuit as a result.
It is the responsibility of the plaintiff or the parents in this case to determine who the claims should be filed against, and this is often done with the assistance of an experienced attorney. There are multiple parties who can be held accountable for dangerous baby food. It is important to keep the baby food, if you still have it, or write down any details about where the baby food was purchased, the manufacturer, and any lot numbers. This is because this information can become important evidence later on if you file a lawsuit against a baby food maker.
Even though you have to bring evidence showing that the manufacturer fell short in their obligations, if you can show that the baby food was dangerous through lab tests ordered by your products liability lawyer, it is much easier to make a case. In order to best protect your overall claim, you want to do these things quickly so that your evidence is as strong as possible when you file a lawsuit against a baby food manufacturer.
The federal code outlines a number of different kinds of regulations for manufacturers of baby food to decrease the possibility of serious injuries. You may be able to file a lawsuit against the distributor, the manufacturer, the wholesaler, or a corporation that sold or packaged the bad food. There are also very specific nutritional requirements associated with baby food and formula and you may find it easier to file a legal claim against a manufacturer or a seller if there is a recall about infant formulas or food. All infant food manufactured for sale in the United States has to be registered with the FDA and any major changes in ingredients or recipes also must be reported and approved through a written verification requirement.