Here is the notice from the Food & Drug Administration:
| Date | Brand Name | Product Description | Reason/ Problem | Company |
|---|---|---|---|---|
| 04/08/2017 | Marketside | Organic Spring Mix | Potential to contain bat body parts (minimal risk of potential rabies contamination) | Fresh Express |
If that seems fairly mild, it is still better than the notice of Fresh Express Marketplace, which referred only to “extraneous animal matter” in its notice while adding that it was only “a single container of the salad.” Of course, it is better than just relabeling at “Bat-avia lettuce” with the slogan “you can’t say Batavia without saying bat.”
Not only could the customers sue for negligent infliction, there is a basis for intentional infliction of emotional distress if there is a showing of recklessness. The elements are (1) the defendant must act intentionally or recklessly; (2) the defendant’s conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. There can also be strict liability in some cases for food poisoning or contamination.