Defective Product

[Stacy Martinez]

I had opened a can of Dole Monte Sweet Peas and found a headless roach of some type. The bug was discovered before it was eaten (in fact I had saved it to return to the company with a letter of complaint), so is there any legal action that can be taken?

 

[HomeGuru]

Isn't the company Del Monte.
Dole is a separate company.

 

[I AM ALWAYS LIABLE]

I had opened a can of Dole Monte Sweet Peas and found a headless roach of some type. The bug was discovered before it was eaten (in fact I had saved it to return to the company with a letter of complaint), so is there any legal action that can be taken?

My response:

Yes. The Dole Monte Company should be named specifically in your Small Claims court lawsuit. Because the roach was uneaten, you are entitled to about $1,500.00. If you had eaten the roach, and gone to a doctor, your claim would have been worth about $100,000.00. You should have eaten the bug.

IAAL

 

[HomeGuru]

Sue under the US Department of Agriculture Defective Products and Mislabeling Act. The can should have been labeled "Sweet Peas and Roach Body" with a disclaimer on the back label stating roach head not included.