CONCERNS OVER ICEBERG LETTUCE
Listeria. E. coli. Salmonella. The mere mention of these words makes us uneasy. Lately, it seems that the media is frequently reporting on food borne illnesses. Spinach, tomatoes and jalapeno peppers were some of the latest casualties. Just today, the Illinois Department of Public Health (IDPH) issued a warning of E. coli risks from iceberg lettuce distributed by a Michigan-based company, Aunt Mid's Produce Company.
Health officials say at least five Illinois residents were hospitalized after contracting the bacteria between late August and mid-September. A sixth Illinoisan also was infected by E. coli.
Under Illinois law, an individual may have a cause of action for injuries sustained due to food poisoning. In Tiffin v. Great Atlantic & Pacific Tea Co., 18 Ill. 2d 48 (1959), the Illinois Supreme Court held that by furnishing food to the general public, the manufacturer and retailer both impliedly warrant that the product is fit for human consumption at the time it leaves their respective control, and where the food proves to be deleterious, either or both may be required to respond in damages to the injured consumer.
