Only a year after a 52-year-old man’s wrongful death from botulism, a product liability suit has been filed against Bumble Bee Foods, Castleberry Foods, and T&T Supermart on behalf of his estate.


The suit alleges that recalled Austex products made by Castleberry were found at T&T by a health inspector on July 30 of last year, after the recall had been issued, who informed the store that Christoper Caffrey, a “regular customer,” had suffered botulism poisioning and asked that they removed the items from the store’s shelves.


Also according to the suit, in February 2007, an inspector from the U.S. Food and Drug Administration at a Castleberry plant in Augusta, Georgia discovered hot dog links “dragging on the floor under the rack,” in addition to raw materials for food products that weren’t properly covered and temperature and heating process problems two months later.


The suit alleges negligence on the part of Castleberry’s/Bumble Bee for their failure to correct the problems discovered by the FDA in order to continue producing and selling their products, leading to products which were underprocessed and had a likelihood of either having or developing botulism.

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