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  #1 (permalink)  
Old 11-12-2005, 07:36 AM
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Join Date: Sep 2005
Posts: 78
Question Duct Tape baked into Graham Cracker

I recently was the proud recipient of a 2" piece of Duct tape baked into the middle of a Keeblers Brand Graham Cracker. I just about choked on it.
I wrote Keeblers about the incident but never received a response from them.
I placed the issue in the atty search here with no response either.
Does anyone have any suggestions on what I should do next? Thanks.
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Old 11-14-2005, 02:48 PM
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Join Date: Jun 2005
Posts: 469
Cool

Unless you have damages such as medical bills for getting sick it is going to be difficult finding an attorney to take your case. Strange items in food happens a lot. Bugs, hair etc. are often found in food but a lawsuit will only present itself if the claimant has actually monetary damages from ingesting the foreign object. For example: If glass is found in your food and you have injested some of it and are treated at a hospital for internal cuts resulting then an attorney may take the case.

You mention nothing about going to the hospital or getting sick from the tape. Just about choking will not result in monetary damages. Now had you choked and were rushed by ambulance to a hospital where you were treated them you would have a cause of action.

Of course this is America and you are entitled to sue anybody you like. Chances are you will not prevail and will only be wasting your time.
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Old 11-15-2005, 10:13 AM
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Join Date: Sep 2005
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Thanks, Appearently there isn't much I need to do as far as any legal issues. I notified the company and gave them the product number etc. I'll probably notify the FDA for info/follow-up purposes, if they choose.
I think I'll do a follow up myself and call the Corp Customer Service and "Thank" them for their concern. lol
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  #4 (permalink)  
Old 08-11-2009, 03:03 PM
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Join Date: Apr 2005
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Objects in Food

This is an informative article on point: Foreign Objects in Food Lawyers
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  #5 (permalink)  
Old 08-22-2009, 06:59 PM
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Join Date: Jun 2009
Location: Colorado
Posts: 105
Write a letter

What you should do is write up a letter with pictures of the product and the offending foreign object, send it certified mail to the proper "resolution" department of Keebler, you may have to make a few phone calls to customer service and ask for help in identifying who that department is, or look on their website for similar information, when I am confronting a large corporation, I go straight to the top and send letters to the "top five" president, vp, vp of operations, etc. The object is to send duplicate copies of your letter and evidence to all parties, and get a fire going. Sending pictures shows you are serious, even if you weren't injured. Make sure you send all communications in writing and certified. If you get no response, send the same set of letters/evidence with a complaint to the BBB where the corporate offices are located, send a complaint letter to the FDA, send a complaint letter to USDA, then send another letter to Keebler letting them know you have received no response so are filing a complaint with the various agencies. Most corporations upon receiving a letter/pictures will respond to you immediately with apologies and remedies. But you have to send physical letters and pictures. Emails do not work, do not even bother. A certified letter gets attention. Good luck
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