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Product Recalls & News

California Apple Recall: Listeria Tainted Granny Smith and Gala Apples

- Paul Zuckerman

The United States Food & Drug Administration announced a nationwide recall of Granny Smith and Gala apples after the presence of Listeria monocytogenes was confirmed at an apple processing facility in Shafter, according to the Monterey County Health Department.

Apples should be thrown away if they come from grower Bidart Bros. of Bakersfield or if the source cannot be determined, according to Dr. Edward L. Moreno, a public health officer with the Monterey County Health Department.

Listeriosis can be potentially fatal. Symptoms include fever, severe headache, nausea and a stiff neck.

Moreno is encouraging consumers who are may have purchased Granny Smith apples, Gala apples or caramel apples to contact their grocer and determine whether or not they were supplied by Bidart Bros.

The last time Bidart Bros. shipped Granny Smith apples to customers was Dec. 2, 2014 — but they may still be in circulation if the fruit was processed or frozen.

Moreno said that in many cases recalls are issued after enough time has passed so that many of the contaminated food items have already been consumed or thrown away, but the health department still circulates the information as processed or frozen foods tend to have a long shelf-life.

“A lot of times it’s been so long that most people don’t even have it anymore,” Moreno said. “Even if it’s been weeks, some of these processed foods can sit a while.”

The Los Angeles and San Diego attorneys at Carpenter, Zuckerman & Rowley are experienced in litigating cases involving food poisoning and contamination. Carpenter, Zuckerman & Rowley consistently achieves multi-million dollar record breaking results on behalf of our clients.

Tyson Fresh Meats Inc. Recalls Beef for Potential E. Coli Contamination

- Paul Zuckerman

According to the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS), Tyson Fresh Meats Inc. of Dakota City, NE has announced the recall of about 40,948 pounds of ground beef products because of potential E. coli O157:H7 contamination.

The health risk of this Class I recall is high considering that as a potentially dangerous bacterium, E. coli O157:H7 can cause a person to suffer dehydration, bloody diarrhea, and, in the most serious incidents, kidney failure. Individuals who are young, the elderly, and those with compromised immune systems are the most at risk of suffering foodborne illness from E. coli.

The Tyson products being recalled are 10-pound chubs of “CHUCK FINE GROUND BEEF 80/20,” which are contained in cases of eight chubs and have a “BEST BEFORE OR FREEZE BY” date of “11/13/11” and “EST. 245C” on the box label. Consumers in Alabama, California, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Mississippi, New York, North Carolina, Ohio, South Carolina, Tennessee, West Virginia, and Wisconsin should be on alert about the recalled ground beef as these products were shipped to establishments and distributors in these states.

Tyson hasn’t received any reports of illnesses in association with the recalled E. coli ground beef. The contamination was discovered during routine FSIS monitoring with confirmation on a positive result for E. coli O157:H7.

Consumers have been advised by the FSIS to not consume the recalled ground beef products. Consumers can contact Tyson at (866) 328-3156 if they have any questions about the recall.

A Los Angeles product liability attorney at Carpenter, Zuckerman & Rowley is dedicated to holding negligent manufacturers liable for failing to properly monitor the production of goods to ensure that products are safe for consumers. With years of experience protecting the rights of our clients, our lawyers have the resources and skills to obtain record jury verdicts and settlements. For a free consultation and more information about how we can assist you, call 213-514-8332 today.

Los Angeles Class-action Lawsuit Involving GNC Aims to Pull the Plug on DMAA Containing Dietary Supplements

- Paul Zuckerman

1,3-dimethylamylamine, also known as DMAA, sounds innocent enough; however, this compound is at the root of a class-action lawsuit filed in Los Angeles federal court against retailer GNC; manufacturer, distributor, and marketer Cellucor Sports Nutrition; and Cellucor’s parent company, Woodbolt International.

The southern California woman filing the lawsuit is claiming that these parties made false and unsubstantiated representations with regard to the efficacy, safety, and legality of C4 Extreme, a pre-exercise drink powder that used DMAA and claims to provide “explosive workouts.”

According to a Huffington Post article, court filings have stated that DMAA is illegal and dangerous in that “experts in the industry have become concerned that this potent stimulant drug will lead to serious health issues and even death.” Manufacturers and distributors of DMAA claim it is an organic compound derived from geranium oil that did not require review from the U.S. Food and Drug Administration (FDA) before it became a dietary supplement ingredient.

The class-action lawsuit alleges acts of false and deceptive marketing and challenges claims that DMAA is a natural ingredient.

Although C4 Extreme is no longer made with DMAA, the potentially lethal substance is available in a wide range of dietary supplements marketed for enhancing physical performance or weight loss. Some of these additional products include Jack3d (pronounced “jacked”) and OxyELITE Pro, which can be found online or at retail stores, and on some websites, powder DMAA sold in packets or pill form is marketed as “legal cocaine.”

DMAA used in supplements have been associated with incidents where the heart has rapidly failed due to too much stress and when used as a party drug taken with alcohol, it can possibly cause bleeding in the brain. Currently, DMAA is banned by the World Anti-Doping Agency and is considered to be a controlled substance in Canada and New Zealand.

After two soldiers died from heart attacks during fitness training with the U.S. Army in 2011, it was found that DMAA was in their systems. As such, the military has put a hold on selling sports supplements containing DMAA in military exchange stores.

A defective product lawyer in Los Angeles at Carpenter, Zuckerman & Rowley understands how important it is for injured consumers to have quality legal experience in their corner when facing major corporations and manufacturers whose negligence and oversight has caused them to suffer serious illness or injury. Our attorneys are committed to upholding justice and helping our clients obtain rightful compensation. Call 213-514-8332 for a free consultation and to learn more about your legal rights.

CPSC Bans Buckyballs due to Deadly Ingestion Hazard

- Paul Zuckerman

After multiple incidents of children being severely injured due to ingesting the products, the U.S. Consumer Product Safety Commission (CPSC) has banned the sale of Buckyballs, as reported by Reuters. The product consists of small round magnets that are very powerful and used to create shapes and different designs when stacked together.

Unfortunately, the small size of the magnets has led to many child injury accidents over the years due to children swallowing them and suffering serious internal injuries. Rather than posing a choking hazard, most injuries caused by Buckyballs are due to the products magnetically attaching to one another when multiple have been swallowed.

Because the magnets are so powerfully attracted to one another, once ingested, they can pinch or trap the intestines and stomach, with one previous incident involving the perforation of a four-year-old’s intestines. Many of these incidents require surgery to fix. Although the CPSC issued a warning concerning the products in November 2011, incidents have continued to occur. As such, the agency has issued its first stop-sale order in 11 years.

The makers of Buckyballs, Maxfield and Oberton, must cease importation and distribution of the product and issue refunds as well as alert retailers to stop selling the toys. The manufacturers have vowed to fight the action taken by the CPSC.

Being injured by a defective product can be both shocking and devastating to a victim as such incidents often occur with no warning and are frequently severe in nature. At Carpenter, Zuckerman & Rowley, our Beverly Hills defective product injury lawyers can give you the legal representation you need in your search for compensation for all losses. For more information concerning how we can help you, call us today at 213-514-8332.

Contaminated Steroid Injections Cause 105 Fungal Meningitis Infections Nationwide

- Paul Zuckerman

Meningitis OutbreakA total of 105 people have been diagnosed as contracting a noncontagious type of fungal meningitis due to contaminated steroid injections. As reported by CNN, patients across nine states contracted the infection after being injected in their spines with a preservative-free steroid known as methylprednisolone acetate manufactured by the New England Compounding Center (NECC).

A total of eight people have died due to the meningitis. The manufacturer has recalled three lots of the product as well as a voluntary recall of all of its other products out of caution, but the company does not believe other products have been contaminated. Officials have reported that 76 medical facilities across 23 states received shipments of the contaminated product from the NECC.

The affected medical facilities can be viewed at Here is a list of the facilities in California that may contain the contaminated injections:

  • Cypress Surgery Center DBA – Visalia, CA (559) 740-4094
  • Encino Outpatient Surgery Center – Encino, CA (818) 986-1037
  • Ukiah Valley Medical Center – Ukiah, CA (707) 463-7345
  • Universal Pain Management – Palmdale, CA (661) 267-6876 x166

The U.S. Food and Drug Administration (FDA) has asked all doctors, consumers, and clinics to stop using NECC’s products. The FDA is currently investigating the contamination and NECC has voluntarily suspended its license to operate until the investigation is complete.

Meningitis is the inflammation of the membrane protecting the brain and spinal cord, caused by an infection of a bacteria, virus, or, in this case, fungi. Fungal meningitis can cause common meningitis symptoms such as fever, nausea, headache, and stiffness of the neck, but also unique symptoms like confusion, dizziness, or discomfort from bright light. Infected patients may only experience one or two of these symptoms, and anyone who received an injection at an affected facility on or after July 1 and has experienced symptoms should immediately seek medical attention.

At the law firm of Carpenter, Zuckerman & Rowley, our San Diego product liability lawyers understand the devastating effects of a defective medical drug or product. Such products can cause both unsuspected and critical trauma to a victim. For more information on your rights to compensation under California law and how we may be able to aid you, call us at 213-514-8332.