Dive Brief:
- A consumer filed a lawsuit against McDonald’s on Wednesday over the E. coli outbreak tied to the chain’s Quarter Pounders, according to a Thursday press release. The complaint, which was filed in the Circuit Court of Cook County in Illinois, appears to be the first tied to the chain’s outbreak.
- Attorneys Ron Simon & Associates and Meyers & Flowers filed the complaint on behalf of plaintiff Eric Stelly. He purchased food from his local McDonald’s in Colorado on Oct. 4 and experienced symptoms of E. coli poisoning two days later. Stelly is among at least 10 Coloradans currently identified to have contracted E. coli poisoning after eating at McDonald’s.
- The Centers for Disease Control and Prevention informed the public on Tuesday that 49 people across 10 states contracted E. coli poisoning that was tied to eating Quarter Pounders.
Dive Insight:
McDonald’s said slivered onions, which are only used in Quarter Pounder burgers, are a potential culprit in the E. coli outbreak. McDonald’s removed the burger from about 20% of its restaurants.
More illnesses are expected, with McDonald’s estimating that 1 million of the burgers were sold from Sept. 27 through Oct. 11. The CDC has said many people who contract E. coli recover and don’t get tested.
The lawsuit includes a claim of product liability, stating that McDonald’s was “liable for manufacturing, distributing, and marketing defective and unreasonably dangerous products and introducing them into the stream of commerce.”
The complaint also accuses the chain of negligence and breach of implied warranties by serving “unreasonably dangerous products … to the public as being safe.” It is seeking damages of $50,000 for each count.
Other lawsuits may be forthcoming with other law firms, including food safety firm Marler Clark and The Lange Law Firm. Both groups are investigating the E. coli outbreak.
The Food and Drug Administration is looking into Taylor Farms, a supplier to McDonald’s, for a possible link to the Quarter Pounders, according to NBC News.
Distributor US Foods issued a recall of four onion products from Taylor Farms out of caution over potential E. coli contamination and told restaurants to stop serving and destroy these products. Sysco has also informed its customers about the recall, according to Bloomberg. Illegal Pete’s, Burger King and Yum Brands are among the restaurants to remove onions from their menus.
In an email to Restaurant Dive, McDonald’s said it has various safety protocols in place, including daily food safety temperature checks and storage of Quarter Pounder patties at 40 degrees Fahrenheit or lower.
Some restaurants have remote alerts to notify management when temperatures are not in compliance. The chain also cooks its Quarter Pounders to 175 degrees and every crew member is required to do hourly handwashing.
“Our approach has been to never compromise on customer safety and to act swiftly if there’s anything that we can do that promotes public health,” a McDonald’s spokesperson said during a press briefing on Wednesday.