Canned Tuna Recall in 9 States: FDA Warns of Botulism Risk From Packaging Defect and Accidental Shipment

Genova Yellowfin tuna products sold in multiple states may pose a botulism risk due to seal failure and bacterial contamination.

A canned tuna recall is underway after the U.S. Food and Drug Administration (FDA) announced that certain products were mistakenly shipped to stores even though they had already been recalled and quarantined. This recall involves Genova brand yellowfin tuna products distributed in nine states and sold through major grocery retailers.

The concern is not a minor quality issue. The FDA warning centers on a packaging defect that may compromise the seal over time, allowing leakage and possible contamination with Clostridium botulinum, the bacteria that can cause botulism. Botulism is a severe and potentially life-threatening form of food poisoning that can require emergency treatment and hospitalization.

For consumers, this type of recall is alarming because canned foods are often trusted as stable, long-lasting pantry items. Many people eat canned tuna without heating it, and a contaminated product may not look or smell spoiled. That is exactly why food safety agencies urge families to take recalls seriously and stop using affected products immediately.

From a legal standpoint, food contamination recalls can raise important questions about product safety, supply chain controls, and whether preventable mistakes allowed a dangerous product to reach consumers. If someone becomes ill after consuming recalled tuna, they may have the right to pursue a food poisoning injury claim for medical costs, lost income, and other damages.

What the FDA Announced and Why This Recall Matters

According to the FDA announcement, this canned tuna recall began after a distributor accidentally sold tuna products that had already been recalled earlier due to a packaging defect. The recalled products were supposed to be quarantined and removed from distribution channels, but a third-party distributor mistakenly shipped them anyway.

This detail matters because it suggests the recall was not only about the original defect. It also raises concerns about:

• how quarantined product was stored and controlled
• how recall notices were handled within the distribution chain
• whether safeguards failed at the distributor level
• how quickly retailers and consumers were notified once the mistake was discovered

When a recalled product re-enters commerce, it increases the likelihood that consumers will unknowingly purchase and eat a product that was already flagged as unsafe.

The Reported Packaging Defect: “Easy Open” Pull Tab Seal Failure

The recall stems from a packaging defect involving “easy-open” pull tabs. Over time, a defect in the lid or seal can allow air and moisture to enter the can or allow liquid to leak out. This breakdown can compromise the product’s safety even if the tuna was originally processed correctly.

A compromised seal can create conditions where bacteria may grow, including Clostridium botulinum. Unlike many common foodborne illnesses, botulism is associated with toxins that can cause rapid and severe symptoms.

This is why food safety agencies treat packaging defects in canned goods as a serious hazard, not simply a cosmetic issue.

Why Botulism Is So Dangerous

Botulism is a rare but extremely serious illness caused by toxins produced by Clostridium botulinum. These toxins attack the nervous system and can lead to severe complications, including paralysis.

One of the most concerning aspects of botulism is that symptoms may escalate quickly, and treatment often requires urgent medical intervention. In severe cases, people may require respiratory support.

Consumers should understand that botulism risk is not something you can reliably detect at home. A recalled can may look normal, smell normal, and taste normal. That is why the FDA advises consumers not to use the product even if it appears fine.

Which Canned Tuna Products Were Recalled?

The recall impacts two canned tuna products:

Genova Yellowfin Tuna in Olive Oil

• Size: 5.0 oz, four pack
• UPC: 4800073265
• Can codes: S84N D2L and S84N D3L
• Best-if-used-by dates: 1/21/2028 and 1/24/2028

Genova Yellowfin Tuna in Extra Virgin Olive Oil with Sea Salt

• Size: 5.0 oz
• UPC: 4800013275
• Can code: S88N D1M
• Best-if-used-by date: 1/17/2028

If you have canned tuna in your pantry, it is important to check the label, UPC, and can code carefully. Many households buy tuna in bulk, store it for months, and may not remember where or when it was purchased.

Where the Recalled Tuna Was Sold (States and Retailers)

The recalled products were sold through major retailers across nine states. The distribution includes:

Meijer

Sold in:

• Illinois
• Indiana
• Kentucky
• Michigan
• Ohio
• Wisconsin

Giant Foods

Sold in:

• Maryland
• Virginia

Safeway, Albertsons, Vons, and Pavilions

Sold in:

• California

Because these are widely used grocery chains, the potential consumer reach is significant. Many people purchase canned tuna as a staple item for lunches, quick dinners, meal prep, and emergency food storage.

What Consumers Should Do Right Now

If you think you may have purchased one of the recalled products, the FDA urges consumers to take action immediately.

1) Check your pantry and confirm the product details

Look for the UPC, can code, and best-if-used-by date. If the product matches the recall, treat it as unsafe.

2) Do not eat the recalled tuna

Do not taste it to “check” it. Do not rely on smell or appearance. Botulism contamination cannot be ruled out by a visual inspection.

3) Return it, discard it, or follow retrieval instructions

Consumers can return recalled products for a refund or dispose of them safely.

4) Contact Tri-Union Seafoods for support

Consumers can contact the company for a retrieval kit and replacement options. The recall notice provides contact information for customer support, including email and phone assistance.

5) Seek medical care if symptoms appear after eating tuna

If someone feels unwell after consuming any potentially affected product, medical care should be sought promptly. Foodborne illness symptoms can range from mild to severe, and botulism requires urgent attention.

How a Canned Food Recall Can Lead to a Lawsuit

Food recalls can become legal claims when someone suffers harm. A recall itself does not automatically mean a company is legally liable for injuries, but it can be important evidence in a food poisoning case.

A food contamination lawsuit may focus on questions such as:

• Was the product defective due to packaging failure?
• Was contamination reasonably preventable with better safety controls?
• Did the manufacturer, distributor, or retailer fail to stop the recalled product from being shipped?
• Was the recall handled properly once the risk was known?
• Did the consumer suffer a documented illness linked to the recalled product?

In cases involving severe foodborne illness, victims may face emergency room care, long-term complications, missed work, and ongoing medical monitoring.

Who May Be Responsible in a Botulism-Related Tuna Claim?

Food poisoning cases often involve more than one potentially responsible party. Depending on the facts, liability may involve:

• the manufacturer
• the distributor or third-party logistics company
• the retailer that sold the product
• other entities involved in packaging, storage, or shipment

When a product that was supposed to be quarantined is accidentally shipped, legal investigation often looks closely at supply chain breakdowns and whether recall protocols were followed.

Damages in a Food Poisoning or Botulism Injury Case

If a person becomes ill after consuming recalled tuna, a claim may seek compensation for:

• emergency medical care and hospitalization
• follow-up treatment and specialist care
• medication costs
• lost wages and reduced ability to work
• pain and suffering
• long-term health complications
• out-of-pocket costs related to recovery

In severe cases, foodborne illness can lead to prolonged disability or long-term neurological effects. Damages should reflect the full medical and financial impact, not just the initial ER visit.

Tuna Botulism Lawsuit FAQs

What should I do if I ate recalled canned tuna?

If you ate the recalled tuna, pay close attention to how you feel and seek medical care if symptoms develop. The most important step is not to assume the product is safe because it looked normal. Botulism-related contamination can be dangerous even without obvious spoilage. You should also save any remaining tuna, packaging, receipts, or photos of the can codes and labels if possible. That information may help doctors evaluate your exposure and may also be important if you later pursue a claim.

Can I sue if I got sick from recalled tuna?

You may have legal options if you suffered a documented illness after consuming recalled tuna. A claim may focus on whether the product was defective, contaminated, or improperly distributed after being quarantined. Compensation may include medical bills, lost income, and other damages. The strength of a case often depends on medical records, timing of symptoms, proof of purchase, and evidence linking the illness to the recalled product.

What if I threw the tuna away—can I still have a case?

Yes, it may still be possible to pursue a claim, although keeping the product can be helpful evidence. If you no longer have the can, you should gather any proof you do have, such as store receipts, loyalty card records, bank statements, or photos. Medical records showing treatment for food poisoning symptoms can also be important. An attorney can evaluate what evidence is available and whether the claim can still be supported.

Who can be held responsible for injuries from recalled canned tuna?

Liability may involve the manufacturer, distributor, and retailer depending on what went wrong. If a recalled product was supposed to be quarantined but was mistakenly shipped, that may raise questions about supply chain controls and recall compliance. A legal investigation may determine which parties played a role in allowing unsafe products to reach consumers.

Contact Parker Waichman LLP For a Free Case Review

If you or a loved one became ill after eating recalled canned tuna, you may have legal options. Food poisoning cases can involve serious medical consequences, time away from work, and long-term health concerns. Parker Waichman LLP is a national personal injury law firm that represents victims harmed by dangerous consumer products and preventable safety failures.

For a free consultation, call Parker Waichman LLP at 1-800-YOUR-LAWYER (1-800-968-7529).