Plaintiffs' Personal Injury Law Firm

Manhattan Company with History of Violations Recalls Fish Again Because of Botulism Risk

The U.S. Food and Drug Administration (FDA) has announced that Bao Ding Seafood Co. Inc. of New York, NY 10002 is recalling the company's Boiled Horse Mackerel due to the risk of potential contamination with Clostridium botulinum, which can cause botulism, a serious and sometimes life-threatening condition. They advise consumers should not use these products, even if they appear to be normal, because of the possible health risk.

The Boiled Horse Mackerel, a product of China, is packaged in a vacuum-sealed plastic bag with a net weight of 450g and sold in New York State.

During a routine inspection, a New York State Department of Agriculture and Markets food inspector and subsequent laboratory analysis found the fish was not eviscerated prior to processing.

This is the second time in less than a year that inspection by state officials found this problem at the seafood company. The Bao Ding Seafood Co. Inc. recalled the same imported Boiled Horse Mackerel product due to potential of Clostridium botulinum contamination in June of 2009.

The FDA website says food borne botulism symptoms generally begin 18 to 36 hours after eating a contaminated food, but they can occur as early as 6 hours or as late as 10 days. The classic symptoms of botulism include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness. Infants with botulism appear lethargic, feed poorly, are constipated, and have a weak cry and poor muscle tone. These are all symptoms of the muscle paralysis caused by the bacterial toxin. If untreated, these symptoms may progress to cause paralysis of the arms, legs, trunk and respiratory muscles.

In May of 2008, a New York State Department of Environmental Conservation (DEC) investigation of Bao Ding Seafood Co. Inc. found approximately 7,500 packages of raw razor clams falsely labeled as "cooked" and with the alleged intent to sell them in New York area markets. DEC's shellfisheries lab tested the clams and analyses showed that the clams had high levels of fecal coliform, with some samples registering 20 times the allowable public health standard.

Resulting from the DEC investigation, Bao Ding Seafood Co. Inc. pled guilty in Brooklyn Supreme Court to two felony-level counts of illegal commercialization of shellfish, as charged. The corporation paid $20,000 in fines, the maximum allowed under the law.

Company owner, Shi-Ben Zheng, pled guilty in Brooklyn Criminal Court to two misdemeanors: misdemeanor-level illegal commercialization of shellfish and Penal Law Reckless Endangerment in the 2nd degree; he also received a 1-year Conditional Discharge. He paid $6,000 in fines, the maximum allowed under the law.

If you or a loved one has become ill due to food borne contaminants, such as Clostridium botulinum, seek medical treatment immediately. You may be entitled to compensation for your illness or a loved one's death caused by these contaminants. When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Napoli Bern Ripka LLP today at 888-529-4669 to discuss your case and determine if you are entitled to compensation for your injuries.