In “Chain of Distribution Liability: Tag, You’re It,” one of a series of articles that address the legal risks faced by manufacturers and distributors of food products, I explain chain of distribution liability in simple terms:  If you had a role in the distribution of a defective product that ends up causing an injury, in half of the states you can be sued and held liable, even if you were nothing more than a conduit that moved an unopened box from Point-A to Point-B. The article appeared in an online newsletter for ID Access.

  • We grow, pack and ship avocados. In the 100 years plus we as an industry have never had a product liability claim. We have over 600 growers that traceability issues are requiring us to track to the fruit. The retailers are unable to identify the fruit that come from a specific box or for that matter which pallet the questioned fruit comes from. Why is the fruit business required to live up to pre-packaged produce food safety requirements?