QUESTION

I purchased a bag of Goya Lentils and found what appears to be a dead ladybug inside the bag. What type of legal action may I take against Goya Foods?

Asked on Nov 20th, 2011 on Consumer Law - New York
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1 ANSWER

Mortgage Banking Law Attorney serving Peachtree Corners, GA at Franzén and Salzano, P.C.
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So many questions today about bugs in food! Are you worried about what might be in your belly and not the bag? Generally you must suffer damages in order to bring a suit.  In fact, the Supreme Court has just accepted a case on that very issue.  Since you discovered the bug, did not eat it and didn't get sick, the extent of your damages is the cost of the bag of lentils. I'm sure your market would gladly refund to you your purchase price. I'm an old school fan of writing letters and bet if you wrote a letter to Goya telling them you liked their product until this happened so wanted to let them know, they just might send you coupons for more or other Goya products. Of course, you might not want any more food from Goya.  There is also some satisfaction in complaining:) It seems that in our country of suers there is a lawyer who will take any case, so it's possible that there's a lawyer in New York willing to sue Goya on your behalf over an uneaten dead ladybug.  If there is, let that lawyer do it on their dime and share the spoils of a nuisance settlement with you after deducting their retainer and expenses. My vote is to get your refund and move on isn't of stirring the pot of negative energy.
Answered on Nov 29th, 2011 at 4:18 PM

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