This summer it seemed almost impossible to open your phone or turn on the news without seeing a new food recall. 2026 has been a busy year for the FDA, tracking multiple foodborne illness investigations, including several major contamination events involving Cyclospora, E. coli, Salmonella, Listeria, and more.
Extensive national media coverage of these food recalls and foodborne illness cases has raised important questions about consumer rights and product safety, as well as when legal recourse and compensation are necessary after a serious illness caused by contaminated food.
Manufacturers, importers, and suppliers are responsible for ensuring products placed on the market are safe for consumers. When contaminated food causes illness, the law may allow impacted individuals to pursue compensation for the harm they have suffered.
If a defective food product is the cause of your serious illness, a contaminated food compensation claim may allow you to recover compensation for the physical, emotional, and financial impact of the illness, depending on the circumstances.
What Causes Food Recalls to Happen?
A food recall generally involves removing a food product from the marketplace because it may violate food safety requirements or present a risk to consumers.
Food items are pulled from shelves for several major safety reasons, including:
- Bacterial contamination like Salmonella or E. coli
- Foreign objects like glass or metal shards
- Undeclared allergens that can trigger severe allergic reactions
While a recall does not automatically make a food manufacturer liable for injuries or illnesses, it may help establish which product was defective, which can help build your case.
How Does A Food Recall Lead to a Personal Injury Claim?
A recalled food product may be the basis for a personal injury claim, as it can fall under product liability. A product liability claim applies when a consumer suffers an illness or injury because of a defective or contaminated product, such as recalled food items.
For example, you may have a claim if you:
- Unknowingly purchased and consumed a recalled food product
- Developed symptoms or a diagnosed illness after consuming the product
- Required medical treatment because of the illness
- Experienced medical expenses, lost income, pain and suffering, or other damages due to the recalled product
What You Need to Prove in Your Personal Injury Claim
For a product liability claim to be supported, you must prove these specific facts:
- You bought and consumed the recalled food item
- You can provide evidence connecting the contaminated product to the illness or injury you suffered
- The contaminated food caused your specific health problem, which resulted in lost income, pain and suffering, and medical expenses
What Should You Do If You Think a Recalled Food Made You Sick?
If you believe a recalled food product caused your illness, take steps to preserve any evidence as soon as possible.
Seek Medical Attention
Your health should come first. Contact your doctor if you develop concerning symptoms or believe you may have a foodborne illness. The CDC recommends seeking medical attention for serious symptoms such as bloody stools, prolonged diarrhea, high fever, frequent vomiting, or signs of dehydration.
Save the Packaging and Product Information
If you still have the recalled food, do not throw away the packaging or label right away. Information such as the product name, lot number, expiration date, and other identifying information could be important to your case.
The FDA notes that product packaging and labeling can help identify recalled food and assist with investigations.
Keep Your Receipts
Save grocery, restaurant, delivery, and any other related receipts when possible. These records may help establish where and when you bought the food. In addition, keep records of medical appointments, treatment, medications, and time missed from work.
Document Your Symptoms
Note what food you ate, when your symptoms began, what symptoms you experienced, how long they lasted, and how they have impacted your daily life.
Report the Illness
Consumers who believe an FDA-regulated food product caused their illness should report the issue to the FDA. Public health officials may also ask what you ate before becoming sick. Accurate information helps investigators identify potential foodborne illness outbreaks.
Seek the Legal Guidance of a Product Liability Attorney Near You
From temporary symptoms to serious, life-threatening conditions, a food-related illness can wreak havoc on your life. But with the help of our skilled team at Spiros Law, we can assist in guiding your claim. You should not have to bear the burden caused by the negligence of producers, freight companies, or retailers alone.
Our compassionate legal team serves people across Illinois, with offices conveniently located in Champaign, Kankakee, Danville, and Mattoon. When a serious foodborne illness has impacted your life, we’re here to hold the negligent parties accountable while you recover.
Contact our Illinois product liability attorneys at Spiros Law to discuss your situation and review the circumstances of your illness, help identify potentially responsible parties, and determine what evidence may be important to your claim.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws, deadlines, and legal outcomes vary based on the facts and circumstances of each case. Past results do not guarantee or predict future results. Spiros Law does not guarantee any particular outcome. Consult an attorney about your specific situation.
