Food contamination is a serious public health concern that affects millions of Americans every year. When contaminated food products — including staples like flour — reach consumers, the consequences can range from mild illness to hospitalization and even death. For New Mexico residents who have been sickened by contaminated food products, product liability law provides a path to compensation from the manufacturers, distributors, and retailers responsible for putting unsafe products on store shelves.
The Centers for Disease Control and Prevention (CDC) estimates that approximately 48 million Americans — roughly 1 in 6 — get sick from foodborne illnesses each year, resulting in 128,000 hospitalizations and 3,000 deaths. Flour, which many consumers assume is safe because it is a dry, shelf-stable product, has been the source of multiple major recalls and outbreaks in recent years.
Why Flour Can Be Dangerous
Many consumers do not realize that raw flour is not a ready-to-eat product. Flour is made from grain that is harvested from fields where it can be exposed to bacteria from animal waste, soil, and water. Unlike many processed foods, flour is not treated with a “kill step” — such as cooking or pasteurization — before it reaches consumers. Common contaminants found in flour include:
E. coli
Multiple flour recalls have been triggered by contamination with Shiga toxin-producing E. coli (STEC), including strains O157:H7 and O26. E. coli infections can cause severe abdominal cramps, bloody diarrhea, vomiting, and in serious cases, hemolytic uremic syndrome (HUS) — a potentially life-threatening condition that can lead to kidney failure, particularly in children and the elderly.
Salmonella
Salmonella contamination in flour has also been documented. Salmonella infections cause diarrhea, fever, and abdominal cramps, and can be particularly dangerous for young children, elderly individuals, and people with compromised immune systems.
Major Flour Recalls
Several significant flour recalls have occurred in recent years:
- General Mills (2016) — Recalled 10 million pounds of flour after an E. coli O121 outbreak sickened 63 people across 24 states
- ADM Milling/Hometown Food Company (2019) — Recalled multiple flour brands due to E. coli O26 contamination
- King Arthur Flour (2023) — Recalled unbleached all-purpose flour due to potential E. coli contamination
Product Liability Claims for Contaminated Food
New Mexico’s product liability laws hold food manufacturers, processors, distributors, and retailers responsible when contaminated products cause illness. Claims can be brought under several legal theories:
Strict Liability
Under New Mexico’s strict liability framework, food manufacturers are liable for injuries caused by contaminated products regardless of whether they were negligent. The plaintiff must show that the product was defective (contaminated), the contamination existed when it left the manufacturer’s control, and the contamination caused the plaintiff’s illness.
Negligence
A negligence claim alleges that the manufacturer failed to exercise reasonable care in producing, testing, or distributing the product. This can include failures in quality control, sanitation, testing protocols, or supply chain management.
Breach of Warranty
Food products carry an implied warranty of merchantability — meaning they are fit for their intended use (consumption). Contaminated food breaches this warranty.
Failure to Warn
If a manufacturer knew or should have known about contamination risks and failed to provide adequate warnings — such as clear instructions that flour must be cooked before consumption — they may be liable for failure to warn.
Who Can Be Held Liable?
Multiple parties in the food supply chain may be liable:
- The flour manufacturer/miller
- The grain supplier
- Distributors and wholesalers
- Retailers (grocery stores, warehouse clubs)
- Restaurants or food service companies that served contaminated products
Proving Your Case
Food contamination cases require establishing a clear link between the contaminated product and your illness. Key evidence includes:
- Medical records documenting your illness and any testing that identified the specific pathogen
- Proof of purchase of the contaminated product
- The contaminated product itself (if still available)
- FDA or USDA recall notices and investigation reports
- Epidemiological evidence linking the outbreak to the specific product
Statute of Limitations
New Mexico’s statute of limitations for personal injury claims is three years from the date of injury (N.M. Stat. § 37-1-8). New Mexico follows a pure comparative negligence standard (NMSA § 41-3A-1).
Compensation Available
Victims of food contamination may recover:
- Medical expenses (hospitalization, treatment, follow-up care)
- Lost wages
- Pain and suffering
- Emotional distress
- Wrongful death damages in fatal cases
Frequently Asked Questions
Can I sue if I got sick from flour?
Yes, if you can establish that the flour was contaminated and that the contamination caused your illness. Medical documentation and evidence linking your illness to the specific product are essential.
What if the flour was recalled after I got sick?
A recall strengthens your case because it demonstrates that the manufacturer or regulators identified a contamination problem. However, you do not need a recall to file a claim — any contaminated product that causes illness can be the basis of a lawsuit.
Is it safe to eat raw flour?
No. The CDC and FDA advise against eating raw flour or raw dough. Flour should always be cooked or baked to a safe internal temperature before consumption. This includes cookie dough, cake batter, and other products containing raw flour.
How do I preserve evidence in a food contamination case?
Keep the product (including packaging) in a sealed bag in your freezer. Save your receipt and any photos of the product. Seek medical attention promptly and request that your doctor test for specific pathogens.
Contact Dominguez Law for a Free Consultation
If you or a family member has been sickened by a contaminated food product, you may be entitled to compensation. At Dominguez Law, we hold food manufacturers accountable for putting unsafe products on store shelves.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
