Public Health Alert: Ready-to-Eat Chicken Recall Sparks Listeria Lawsuit Concerns

A public health alert regarding ready-to-eat (RTE) chicken products has recently been issued, raising concerns about potential Listeria monocytogenes contamination and sparking fears of subsequent lawsuits. This alert highlights the critical importance of food safety and the potential legal ramifications when contaminated food products reach consumers. In May 2025, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert for certain RTE chicken and bacon wrap products due to possible Listeria monocytogenes contamination. While a recall was not requested because the affected products were no longer available for purchase, this incident underscores the ever-present risk of foodborne illnesses and the potential for legal action when negligence leads to contamination.

Understanding the Listeria Threat

Listeria monocytogenes is a bacterium that can cause listeriosis, a serious infection that primarily affects older adults, persons with weakened immune systems, and pregnant women and their newborns. Less commonly, individuals outside these risk groups are affected. The symptoms of listeriosis can vary, but often include fever, muscle aches, headache, stiff neck, confusion, loss of balance, and convulsions, sometimes preceded by diarrhea or other gastrointestinal symptoms. In pregnant women, listeriosis can lead to miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.

The dangers of Listeria contamination are significant, leading to potential hospitalization, long-term health complications, and even death. The CDC estimates that Listeria monocytogenes is the third leading cause of death from foodborne illness. This is why public health alerts and recalls are taken so seriously, and why food manufacturers have a legal and ethical obligation to ensure the safety of their products.

Recent Ready-to-Eat Chicken Recalls and Public Health Alerts

Several recent events have heightened concerns about Listeria contamination in ready-to-eat chicken products:

May 2025 Public Health Alert: The FSIS issued a public health alert for ready-to-eat chicken and bacon wrap products potentially contaminated with Listeria monocytogenes. The affected products, produced on May 2, 2025, were shipped to distributors in Massachusetts and New York and further distributed to retail locations in Connecticut, Massachusetts, and New York.
October 2024 BrucePac Recall: BrucePac, a Durant, Oklahoma establishment, recalled approximately 11,765,285 pounds of ready-to-eat meat and poultry products that may have been adulterated with Listeria monocytogenes. The ready-to-eat meat and poultry items were produced from May 31, 2024, to October 8, 2024. These products were shipped to other establishments and distributors nationwide then distributed to restaurants, schools, and institutions.
October 2024 Costco Chicken Recall: More chicken products have been added to a recall for ready-to-eat chicken items sold at Costco due to concerns of listeria contamination. Most of the recalled items are connected to a larger recall of ready-to-eat chicken products by BrucePac, which were contaminated with listeria.

These recalls and public health alerts demonstrate the potential for widespread contamination and the importance of robust food safety protocols.

The Legal Implications of Listeria Contamination

When ready-to-eat chicken products are contaminated with Listeria, the responsible parties can face significant legal consequences. Consumers who become ill from consuming contaminated products may have grounds to file a lawsuit against the manufacturer, distributor, or retailer. These lawsuits typically allege negligence, product liability, or breach of warranty.

Elements of a Listeria Lawsuit:

Establishing Legal Standing and Injury: The plaintiff must prove they suffered a legally recognizable injury, such as personal injury, wrongful death, or pregnancy complications, due to Listeria-contaminated food. A medical diagnosis of listeriosis is crucial.
Identifying the Defendant and Proving Product Origin: The plaintiff must demonstrate that the Listeria infection resulted from a specific contaminated product linked to a particular company. This often requires thorough investigative work, including food receipts, packaging, and labeling.
Proving Negligence or Strict Liability: In some cases, the plaintiff must prove that the defendant was negligent in their food safety practices. However, under strict liability, the plaintiff only needs to show that the product was defective (i.e., contaminated with Listeria), unreasonably dangerous, and caused harm.

Potential Damages in a Listeria Lawsuit:

Medical expenses
Lost income and lost earning capacity
Pain and suffering
Emotional distress
Wrongful death damages (in cases of fatality)
Punitive damages (in cases of gross negligence)

Who is Liable?

Several parties could be held liable in a Listeria lawsuit, including:

Food Manufacturers: Manufacturers have a responsibility to ensure their products are safe for consumption. This includes implementing and maintaining effective food safety protocols, regularly testing for contaminants, and taking prompt action when contamination is detected.
Distributors: Distributors play a crucial role in the food supply chain. They must ensure that food products are stored and transported safely to prevent contamination.
Retailers: Retailers have a duty to ensure that the products they sell are safe for consumption. This includes properly storing food, monitoring expiration dates, and removing recalled products from shelves.

Advice for Consumers

To protect yourself from Listeria contamination, follow these food safety tips:

Cook Thoroughly: Cook meats, poultry, and seafood to safe internal temperatures. Use a food thermometer to ensure proper cooking.
Avoid Unpasteurized Dairy: Choose pasteurized milk and dairy products.
Wash Produce: Rinse raw fruits and vegetables thoroughly under running water before eating, cutting, or cooking.
Keep Kitchen Clean: Wash hands, utensils, and surfaces thoroughly with soap and water after handling raw meat, poultry, or seafood.
Refrigerate Promptly: Refrigerate perishable foods promptly and at the correct temperature (40°F or below).
Be Aware of Recalls: Stay informed about food recalls and public health alerts. Check the FSIS website and other reliable sources for updates.

If you experience symptoms of listeriosis after consuming ready-to-eat chicken or other potentially contaminated food, seek medical attention immediately. Be sure to inform your healthcare provider about the food you consumed.

Seeking Legal Consultation

If you or a loved one has been affected by Listeria contamination from ready-to-eat chicken products, it is essential to seek legal consultation. An experienced attorney can help you understand your rights, evaluate your legal options, and pursue compensation for your injuries and losses. Contact a personal injury attorney specializing in food poisoning cases to discuss your potential claim.