Foreign Objects Found in XXX-branded Ice Cream (and being blamed for them)

[angelicness11]

What is the name of your state (only U.S. law)? MA (item purchased in RI)

Had an interesting situation occur when I was eating a bowl of XXX-branded ice cream back in December. I still have a photo of it and may have the actual evidence still at home. Essentially, I opened the freshly-purchased container and filled a bowl as I normally would. (Mind you, this WAS my favorite ice cream and I'd never had an experience like this in all the years I'd been eating it.) Anyway...As I happily ate my bowl of ice cream, about 1/2 of the way through, I felt something sharp, metal, and hard pierced the roof of my mouth! As I went to spit out my ice cream, I noticed something else hard that came out that my teeth crunched down on -- what appeared to be a small, ivory pebble of sorts (I couldn't tell what it was -- just that it was small, hard like a rock, and ivory in color). There was some blood, but it passed.

I contacted XXX-branded immediately and didn't hear back from anyone until 10 days later asking me to call in. Their response was that they'd perform an investigation and asked if I wanted a call back with the results to which I naturally said yes. Of course, when they called back, they claim there was nothing wrong on their part and insinuated I must've accidentally dropped it in there. (A) I don't have a stapler in the house where I was eating the ice cream. (B) Only used a metal spoon and a porcelain bowl to move the ice cream from the freshly-opened container. (C) This staple clearly looked like a manufacturing type of staple with long legs and a shorter bridge / middle piece.

I was insulted they had the nerve to blame me for it! And (perhaps coincidentally) I've been having difficulties with digestion since then. They indicated they'd send me coupons and the investigation's results in the mail in 6 weeks because they ran out of ice cream. Months later, still nothing. I called back for an update and they said they're on the way. Couple of months after that, still nothing.

Frankly...I'm upset they didn't accept fault in this. Could've potentially caused a more serious problem with me or others due to negligence. Had the nerve to blame me for it. And haven't owned up to their side of the agreement. Seriously?!?!

Anyway...any thoughts on this other than I should see a doctor for a check up (which I'm trying to do but haven't been able to due to PCP issue.)

Many thanks in advance!!

 

[cbg]

What are your actual, provable, damages that have been directly tied to this incident?

 

[adjusterjack]

what appeared to be a small, ivory pebble of sorts (I couldn't tell what it was -- just that it was small, hard like a rock, and ivory in color). There was some blood, but it passed.

This staple clearly looked like a manufacturing type of staple with long legs and a shorter bridge / middle piece.

How did we go from a small ivory pebble to a staple with long legs and a short bridge?

I was insulted they had the nerve to blame me for it! Frankly...I'm upset they didn't accept fault in this. Had the nerve to blame me for it. And haven't owned up to their side of the agreement. Seriously?!?!

Well, gee, come down off your high dudgeon. That's how it works. You accuse somebody of wrongdoing, they say no, now you get to prove it. Nobody opens the checkbook just because you say so.

Could've potentially caused a more serious problem with me or others due to negligence.

You don't get a nickel for something that didn't happen or for what does or doesn't happen to others.

Anyway...any thoughts on this other than I should see a doctor for a check up (which I'm trying to do but haven't been able to due to PCP issue.)

If you haven't seen a doctor in, what, 4 months (?) then seeing one now isn't likely to do you any good as there is likely to be no medical correlation between the object and your digestive problems.

 

[quincy]

What is the name of your state (only U.S. law)? MA (item purchased in RI)

Had an interesting situation occur when I was eating a bowl of XXX-brand ice cream back in December. I still have a photo of it and may have the actual evidence still at home. Essentially, I opened the freshly-purchased container and filled a bowl as I normally would. (Mind you, this WAS my favorite ice cream and I'd never had an experience like this in all the years I'd been eating it.) Anyway...As I happily ate my bowl of ice cream, about 1/2 of the way through, I felt something sharp, metal, and hard pierced the roof of my mouth! As I went to spit out my ice cream, I noticed something else hard that came out that my teeth crunched down on -- what appeared to be a small, ivory pebble of sorts (I couldn't tell what it was -- just that it was small, hard like a rock, and ivory in color). There was some blood, but it passed.

I contacted XXX-branded immediately and didn't hear back from anyone until 10 days later asking me to call in. Their response was that they'd perform an investigation and asked if I wanted a call back with the results to which I naturally said yes. Of course, when they called back, they claim there was nothing wrong on their part and insinuated I must've accidentally dropped it in there. (A) I don't have a stapler in the house where I was eating the ice cream. (B) Only used a metal spoon and a porcelain bowl to move the ice cream from the freshly-opened container. (C) This staple clearly looked like a manufacturing type of staple with long legs and a shorter bridge / middle piece.

I was insulted they had the nerve to blame me for it! And (perhaps coincidentally) I've been having difficulties with digestion since then. They indicated they'd send me coupons and the investigation's results in the mail in 6 weeks because they ran out of ice cream. Months later, still nothing. I called back for an update and they said they're on the way. Couple of months after that, still nothing.

Frankly...I'm upset they didn't accept fault in this. Could've potentially caused a more serious problem with me or others due to negligence. Had the nerve to blame me for it. And haven't owned up to their side of the agreement. Seriously?!?!
You
Anyway...any thoughts on this other than I should see a doctor for a check up (which I'm trying to do but haven't been able to due to PCP issue.)

Many thanks in advance!!

Because it appears you have no good proof of the staple coming from the container of ice cream (anyone can take a picture of a staple) and because you did not seek medical attention immediately for an injury, I do not see a legal action for you to pursue that would have any chance of success.

HOWEVER, the ice cream maker could have a claim against you if you cannot substantiate your claims and you harm the reputation of the company with your allegations.

You should remove the ice cream maker's name from your post and thread title.

 

[TigerD]

I worked for that company in the mid 80s. As I recall, they didn't use staples in ice cream containers. It doesn't sense that they would change. Not saying there isn't some other way the staple or other object could have gotten in there, but I find staples from the container questionable. Very questionable.

TD

 

[eerelations]

I worked for that company in the mid 80s. As I recall, they didn't use staples in ice cream containers. It doesn't sense that they would change. Not saying there isn't some other way the staple or other object could have gotten in there, but I find staples from the container questionable. Very questionable.

TD

Agree. I worked for a large (1000+ employees) commercial bakery for six years and none of their assembling/mixing/baking/packaging/distributing processes had any staples/pebbles involvement. There were literally no staples/pebbles anywhere in the factory. So yes, if we'd received a complaint about a staple/pebble in one of our baked goods, our first reaction would have been skepticism, and we would have asked the person complaining to provide more evidence.