Kellogg Company announced a voluntary recall of certain Special K Red Berries cereal packages over concerns they might contain fragments of glass. What was reported at the time appears below, followed by what Illinois law allows if a defective food product injures you.
What Was Reported
Kellogg Company announced it was recalling some packages of Special K Red Berries cereal over fears they may contain fragments of glass. A statement posted on Kellogg’s website explained that the voluntary recall included some 11.2-ounce and 37-ounce packages, and 22.4-ounce twin packs.
The company’s statement continued, “Please check any packages you have in your home and if your package matches the following criteria, please do not eat the product and contact us for a replacement coupon. We may also make arrangements to retrieve the product for further evaluation.” There had been no injuries associated with the recalled products. The recalled UPCs and lot codes were listed on the Kellogg website.
This post reports a past matter and is kept for the record. The recall notice it describes is no longer current and the product codes have long since expired. For anything active, check the recall listings maintained by the U.S. Food and Drug Administration.
If a Food Product Hurts You, Protect the Evidence
Glass and metal turn up in packaged food more often than people realize, and the proof disappears fast once a household starts cleaning up.
- Get medical care and say exactly what you swallowed or bit into
- Keep the remaining product, packaging, lot code, and receipt
- Photograph the object, the package, and any injury
- Note where and when you bought it
- Hold off on mailing the product back to the company
Most recalls are voluntary. The FDA can order a company to stop distribution and recall a food when there is a reasonable probability it is adulterated or misbranded and will cause serious health consequences or death, but only if the company refuses to act on its own (21 U.S.C. 350l).
How Illinois Product Liability Claims Work
Illinois recognizes negligence claims and strict tort liability for defective products, so in many cases you need not prove the manufacturer was careless, only that the product was unreasonably dangerous and caused your injury (735 ILCS 5/2-1116). If you were partly responsible, your damages drop by your share, and you are barred only if you are found more than 50% at fault.
A retailer or distributor who did not make the product can often leave the case by certifying the correct manufacturer (735 ILCS 5/2-621). They stay in if you show they had significant control over the design or manufacture, knew about the defect, or created it, and a dismissal can be undone if the manufacturer cannot be sued or cannot pay. Our Illinois product liability lawyers sort out who belongs in a case, whether the product is food, a household item, or one of the dangerous toys recalled each year.
A recall itself is a safety step, not a legal finding. It can be powerful evidence, and it often shows when a company learned of a problem, but a claim still needs proof of a defect and of causation. A Chicago product liability lawyer can usually tell you quickly whether the evidence supports one.
The Deadlines Are Shorter Than People Expect
Most Illinois injury claims must be filed within two years (735 ILCS 5/13-202), and the Illinois statute of limitations is unforgiving once it runs. Product cases carry a second clock. Under the statute of repose, a claim generally cannot be brought more than 12 years after the first sale by a seller or 10 years after the first sale to a consumer, whichever comes first (735 ILCS 5/13-213). That clock starts at the sale, not the injury, so it can expire before anyone is hurt.
Frequently Asked Questions
Is the Special K Red Berries recall still active?
No. This post reports a past matter, and the recall notice it describes is no longer current. The package codes involved expired years ago. If you are checking something currently in your kitchen, use the recall listings maintained by the U.S. Food and Drug Administration.
Can I sue if I bought a recalled food product but was not hurt?
An injury claim generally requires an actual injury. If you were not harmed, your remedy is usually the refund, replacement, or coupon offered under the recall. Claims about the purchase itself are handled differently from personal injury claims.
Who can be held responsible when packaged food contains glass or metal?
Usually the manufacturer, and sometimes a distributor or retailer. Under 735 ILCS 5/2-621, a seller who did not make the product can often be dismissed after identifying the correct manufacturer, but stays in the case if they had significant control over the design or manufacture, knew about the defect, or created it.
How long do I have to file a product liability claim in Illinois?
Most injury claims must be filed within two years under 735 ILCS 5/13-202. A separate statute of repose in 735 ILCS 5/13-213 generally cuts off product claims 12 years after the first sale by a seller or 10 years after the first sale to a consumer, whichever comes first, running from the sale rather than the injury.
If someone in your family was hurt by a contaminated or defective product, we can review the packaging, the recall record, and your medical care and tell you honestly whether you have a case. You pay nothing unless we recover money for you. Contact 844-SEE-MIKE for a free, no-pressure consultation. This article is general information about Illinois law, not legal advice about your situation.
