Lawsuit Filed Over Cyclospora Outbreak Linked to Taco Bell Lettuce

Legal Action

A proposed class action lawsuit seeks damages of at least $200 for West Virginia customers who bought Taco Bell items with lettuce linked to a cyclospora outbreak. Attorneys for Lawrence Null filed the lawsuit against Taco Bell and produce supplier Taylor Farms. Both companies operate out of California.

The complaint states Null purchased contaminated cheesy bean and rice burritos and a mini taco salad at Taco Bell in Ravenswood, West Virginia, on June 29. Null argues he wouldn’t have paid for the products if he knew the lettuce was unsafe and unsellable.

Unlike other lawsuits related to the outbreak, this one focuses on economic loss. “Every class member suffered economic injury the moment the transaction closed,” the complaint states.

This lawsuit aims to represent all consumers nationwide who purchased affected items from May 1 until final judgment, with a specific focus on West Virginia consumers.

Allegations Against Taco Bell and Taylor Farms

The lawsuit claims violations of the West Virginia Consumer Credit and Protection Act, breach of implied warranty of merchantability, unjust enrichment, and negligence. It accuses Taylor Farms of selling contaminated lettuce as fit for consumption, which Taco Bell incorporated into their meals.

The removal of lettuce by Taco Bell is cited as proof of its unfitness for sale. The complaint highlights past incidents involving Taylor Farms, including a 2024 E. coli outbreak linked to onions, indicating awareness of contamination risks.

The lawsuit demands class action certification, appointing Null as the class representative, and seeks damages, restitution, and disgorgement.

What is Cyclospora?

Cyclospora is a microscopic parasite often transmitted through produce irrigated with contaminated water. Ingestion leads to cyclosporiasis, an intestinal illness causing severe diarrhea. The CDC has noted a rise in cases across 45 states recently.

Current Outbreak Details

Federal authorities are investigating cyclospora in shredded lettuce at Taco Bell. Initially focusing on five states, the inquiry now includes nine states: Illinois, Kansas, Oklahoma, Pennsylvania, Indiana, Kentucky, Michigan, Ohio, and West Virginia.

Lettuce from Taylor Farms in Mexico is questioned, as the FDA emphasizes its role in the outbreak. Taylor Farms completed a recall, and Taco Bell removed affected lettuce, but other brands may also be involved.

The CDC reports record-setting cyclospora cases, with 6,707 confirmed and 423 hospitalizations since May 1, though actual numbers might be higher due to unreported cases.