Blommer Chocolate Co. v. Bongards Creameries, Inc.

MEMORANDUM AND ORDER

MORAN, District Judge.

INTRODUCTION

This case stems from the salmonella contamination of several hundred thousand pounds of plaintiffs chocolate products in early 1982. When ingested by humans salmonella bacteria can cause salmonellosis, commonly known as food poisoning. Salmonellosis on occasion can be fatal.

Plaintiff, Blommer Chocolate Company, 1 as its name suggests, is a manufacturer of chocolate products. Its suit is directed against Bongards Creameries, Inc., which manufactured the dry whey powder, a milk product, 2 that allegedly was the source of the contamination,…