Understanding the Health Risks, FDA Classification, and How Victims Can Seek Justice

The Food and Drug Administration (FDA) has issued its most serious warning, a Class I recall, for 15-count boxes of Member’s Mark Freeze-Dried Fruit Variety Packs sold at Sam’s Club stores across the United States. Distributed between July 1 and July 25, 2025, more than 21,500 boxes bearing UPC 1 93968 50900 2 may be contaminated with Listeria monocytogenes. A Class I designation means there is a reasonable probability that consuming the product could cause serious, potentially fatal health consequences. This recall impacts 43 states, highlighting a broad public health concern.

Why Listeria Contamination is So Dangerous

Listeria monocytogenes is a harmful bacterium that can lead to severe and sometimes fatal infections. Vulnerable populations—including pregnant women, newborns, older adults, and those with weakened immune systems—are at particular risk. Symptoms may include high fever, severe headache, muscle stiffness, nausea, abdominal pain, and diarrhea. In pregnant women, the infection can cause miscarriage, stillbirth, or life-threatening complications for newborns. The seriousness of these health effects is what prompted the FDA’s highest recall classification.

Legal Rights for Consumers Harmed by Contaminated Products

Consumers who suffer illness after consuming a recalled product may be entitled to file a product liability claim. These claims can provide compensation for medical expenses, lost wages, pain and suffering, and—in the most tragic cases—wrongful death damages. Product liability lawsuits can hold manufacturers, distributors, and retailers accountable for releasing unsafe products into the market. These cases also serve to strengthen safety practices within the food supply chain.

Listeria Contamination Claim FAQs

What should I do if I purchased the recalled fruit packs?

Stop using the product immediately and return it to Sam’s Club for a refund. If you have consumed the product and are experiencing symptoms, seek medical attention without delay.

Can I sue if I became sick from the recalled fruit packs?

Yes. If your illness can be linked to the contaminated product, you may have grounds for a personal injury or wrongful death claim.

Who can be held liable in a listeria contamination case?

Potentially responsible parties may include the manufacturer, distributors, and retailers involved in bringing the contaminated product to market.

How can an attorney help in a foodborne illness case?

An attorney can gather evidence, work with medical experts, and pursue compensation on your behalf while ensuring compliance with filing deadlines.

Is there a time limit to file a claim?

Yes. Statutes of limitations vary by state, making it important to seek legal guidance as soon as possible.

Contact Parker Waichman LLP For A Free Case Review

If you or a loved one became ill after consuming a recalled Member’s Mark Freeze-Dried Fruit Variety Pack, Parker Waichman LLP can help. Our national personal injury law firm offers free consultations to explain your rights and potential claims.

Call 1-800-YOUR-LAWYER (1-800-968-7529) today. Regardless of your location or where your injury occurred, our nationwide product injury law firm is ready to assist you and provide you with a free consultation. Strict deadlines apply, so act now to protect your rights.

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