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Kudler Fine Foods Product Liability Analysis

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Kudler Fine Foods Product Liability Analysis

This analysis document will focus on legal issues concerning product liability as it relates to the food industry. Kudler’s Fine Foods (KFF) virtual organization will be used as the focal point of this analysis. KFF stores have establishments at three different locations in San Diego, California. The business model focuses on providing the finest gourmet organic-based food business. It always strives to satisfy their clientele by bringing new products based on weekly product sales in comparison to other competitors at affordable prices. KFF’s legal strategy consists on relying on one tax lawyer. This lawyer is a relative of the owner. The owner has instructed store managers to only report any issues concerning a slip and fall. Besides a slip and fall, the store managers will determine if any other incidents should be brought up to the attention of the owner. Then the owner will decide if these issues merit being elevated to the company’s attorney or for the owner to resolve them (Kudler Virtual Organization, 2008). The majority of KFF business is based on providing organic and non-organic food products to their clients, the company should be concerned about implications on how a case of product liability could affect the business.
What is product liability and how it relates to the food industry
According to The Free Dictionary by Farlex (2010) product liability is defined as, “The responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale” (Product Liability, para. 1). The food industry should be aware of consumer protection acts that have been enacted to protect the consumers. Some examples of these acts are the Fair Packaging and Labeling Act (1966) and the Consumer Product Safety Act (1972) (Nickels, McHugh, & McHugh, 2010). Businesses categorized to be in the food industries should understand the liabilities that can be caused by the consumption of food products. Food products can cause different types of harm ranging from minor body discomfort to even death. Examples of dangers caused by the food itself are foreign objects contained in the food can harm the body and people can develop allergic reactions (Wilson, 2004). KFF should be aware of regulations and policies (Federal, State, and local) that deal with product liability issues. Examples of these issues can be the labeling of products or the awareness of their legal rights against the supply chain that provided the products sold by KFF. The food industry can be in the proactive mode. They also can learn from settled court cases related to product liabilities and take measures if these issues develop in the future.
Sample case of product liability A sample case of this product liability analysis paper is a resent lawsuit filed 11 November 2010 by Nicholas Fickel against Baugher's Orchard and Farm of Westminster, Maryland, (Greenhalgh, 2010). Nicholas Fickel visited the farm on 17 October 2010, sampled unpasteurized apple cider products, and took some products home. On 21 October 2010, he started feeling ill. After seeking medical attention, diagnosis indicated that he was infected with E. coli O157:H7. Six other cases were isolated within the same strain from residents that consumed apple cider products. Greenhalgh (2010) stated, “Apple cider is not an inherently dangerous product that consumers expect to be contaminated with pathogens like E. coli. It's up to producers to ensure they are selling safe products” (Lawsuits & Litigation, para. 1). This case is a good example of how a business like KFF could be involved in a legal case dealing with product liability.
Potential strategies to assist in avoidance of such lawsuits
Businesses involved in the food industry like KFF can protect themselves, and avoid legal actions by implementing strategies to prevent future product liabilities. These strategies can be integrated from the beginning of the conceptual idea of opening the business and be implemented in the daily operations of the business. In the case of KFF, they should comply and be aware of the United States Department of Agriculture (USDA) policies, regulations, and programs. The majority of products offered by KFF are organic based. USDA has programs, acts, and requirements that suppliers of organic products should follow. Some of these are the National Organic Program (NOP) and the Organic Foods Production Act. The NOP and the Organic Foods Production Act ensure that producers of organic products follow set guidelines for producing and certifying organic products (United States Department of Agriculture, 2010).
KFF can also avoid product liability litigation by indemnity agreements. In this case, KFF could transfer product liabilities directly to the suppliers (Gordon, 2010). Other strategies for the avoidance of lawsuits could be done by implementing effective measures like labeling warning labels on products and developing effective recall methods.
Deployment of tools such as LexisNexis could assist in avoidance strategies The owners of KFF rely on the expertise of a tax lawyer. The owner should consider changing strategies by consulting a lawyer who specializes in product liabilities cases. If the owner continues with the existing lawyer, this lawyer should start using consulting services like LexisNexis. The LexisNexis group can provide legal services to KFF’s lawyer through online information tools. These tools can assist in the analysis of legal matters and it provides adequate legal decisions concerning product liabilities (Bloomberg Business Week, 2010).
The analysis presented in this paper shows the possibilities of businesses in the food industry like KFF, can easily be involved in legal issues dealing with product liabilities. A good example was presented with the case of an individual sample testing apple cider from Baugher's Orchard and Farm. KFF can implement strategies as simple as complying and being aware of policies, regulations, and programs under USDA. Another strategy is to make their suppliers responsible for their products by implementing indemnity agreements. Lastly, KFF will need to ensure that in the event of a legal matter related to product liability; it can rely on the expertise of a qualified lawyer that handles this type of cases.

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