If I consume a food product infested with worms but don’t get sick, do I still have a case to take legal action?

I purchased a breakfast bar, and after taking a few bites of the product, I discovered that it had been infested with several live and moving worms (presumed to be meal worms). The product was not expired. I contacted the company through their website and received no response. After 3 consecutive days of calling, leaving voicemails and receiving no response, I finally got in touch with someone and they offered to send me a replacement bar for their contaminated product. Is this all I am entitled to or do I have a valid case to take legal action against them?

Asked on June 25, 2012 under Personal Injury, Maryland


Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

You likely do not have a valid case for legal action because you have suffered no real harm or damage.  If you had gotten sick and were forced to seek medical attention and had suffered some economic damage, like medical bills and lost work,  as a direct result of eating the breakfast bar, you may have a case.  It would be nice if the company had some better customer service to handle this type of situation, but it seems they don't.  Usually in these types of instances the company will replace the product or refund you the purchase price or provide you with a coupon for a new product at no cost.  

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