Publix Food Safety Violations, Publix Negligence for Class Action

Publix Food Safety Violations, Publix Negligence for Class Action

Publix Super Markets, Inc.
℅ John A. Attaway, Jr., Registered Agent
3300 Publix Corporate Pkwy
Lakeland, FL 33802-2027

Publix sold me hazardous and injurious “food” on numerous occasions including, but not limited to: a rotisserie chicken with maggots, rotten apples and garlic, moldy berries, and frozen cherries with pits therein (while being labeled as having had the pits removed). These “food” items damaged my teeth (dentists’ estimate repairs will cost between $8,000 to $10,000 for caps which typically only last 10 years at best), ongoing intestinal problems, mental and emotional anguish, plus pain and suffering thereafter when I got shingles.

Publix via John Attaway Jr. denied my claim for damages, which are a direct and proximate result of foods that were negligently sourced, inadequately prepared, poorly processed and packaged bearing the Publix brand label (misleading consumers as to their quality), and subsequently sold for consumption at the Publix Super Market at Conway Plaza Shopping Center located at 4402 Curry Ford Rd, Orlando, FL 32812.

The poultry supplier tried to fabricate a story that the maggots within the interior of the chicken were the bird’s testicals and thereafter ignored me entirely denying any negligence whatsoever. Yet I eat rotisserie chicken daily (and have for several years), whereby I know very well what an entire chicken looks like and the contents therein, i being quite capable of discerning the difference between testicals and maggots. Moreover, I have the chicken frozen and preserved as evidence.

Attorneys are welcome to contact me to litigate and reveal to Publix consumers the level and extent of the grocer's bad faith, worthy of a CLASS ACTION lawsuit for widespread food safety violations.

I faithfully frequented this Publix supermarket location on a weekly basis on several occasions and for four decades from my childhood throughout my adulthood prior to the events which have brought rise to this claim.

From October of 2016 onward, I encountered substantial defects in the food products being sold at the Curry Ford Rd. and Conway Rd. Publix in Orlando, Florida (far below the usual high quality food products I historically experienced and grew to expect from Publix).

Upon contacting Publix Quality Assurance to report the problems, Jeannie (a Publix Corporate Quality Assurance representative) replied to me via email, but failed to adequately address my concerns and injuries. On March 10, 2017, I encountered and bit into another cherry pit in Publix Brand Dark Sweet Cherries (causing additional teeth injuries and exacerbating my ongoing dental pain and suffering from previous Publix cherry pits experienced). Rather than take responsibility for its name brand product being sold to and injuring consumers who purchase Publix products in good faith, Publix Quality Assurance tried to direct me to its suppliers of frozen cherries for the October, 2016 and March, 2017 incidents (both suppliers being different according to the Publix claims adjusters who read the UPC code on the bags of cherries as provided to Publix by me). I witnessed ongoing food safety violations at the Conway Plaza Publix location (ranging from rotten organic apples, spoiled organic oranges sourced from “Uncle Matt” and refrigerated by Publix for several months after the purchase date from the supplier making the oranges soft and rotting), endangering consumers and the freshness of the produce being sold. I played Little League baseball with Matt McLean and spoke personally to him about Publix negligence.

The apples were rotten within the core and not noticeable outwardly. Because Publix and its suppliers cleverly package and bag apples in colorful plastic obscuring the visibility of the contents inside; consumers cannot clearly see what they are buying and are more easily deceived and defrauded.

In the past when I inspected produce and found rotting apples inside and told the produce workers or manager; I personally saw Publix employees remove the rotten apple(s) and repackage the fruit accordingly in the same previously used bag. Thus, Publix as a grocer involved in packaging and selling produce has a duty to consumers to be diligent and vigilant to prevent food safety violations that can cause illness and harm, such as the sale of rotten apples and oranges. To my shock and surprise, I even found rotting garlic being sold by Publix (a food item that does not spoil rapidly and has a long shelf life), indicating the extent of the negligence and disregard by Publix produce managers at the Conway Plaza location. I photographed and sent images of the rotten apples and garlic to Publix Quality Assurance via email, but these matters were disregarded as the foul produce continues to be sold by Publix with no improvements or food safety reforms being made.

On February 28, 2017, I bought a Publix brand rotisserie chicken from Publix at Conway Plaza that had maggots in it. I ate two-thirds of the chicken before getting to the inner carcas where the maggots were discovered. I shared the photos of the chicken infested with maggots with Publix Quality Assurance and Customer Service. Moreover, I brought the chicken to the Conway Plaza Publix store manager on duty who quickly agreed it was an appalling food safety violation and promptly refunded me for the rotisserie chicken.

The image of the maggots on the Publix rotisserie chicken can be seen here: pic.twitter.com/pvJnO93Ujv Although I was made sick, nauseous, and suffered health problems (itchy skin and red marks on my skin) after ingesting the Publix maggot infested chicken; Publix did nothing other than direct me to the poultry supplier. The poultry supplier tried to fabricate a story that the maggots within the interior of the chicken were the bird’s testicals and thereafter ignored me entirely denying any negligence whatsoever. The Humane Society however has done extensive investigative reporting on the inhumane containment and mistreatment of poultry by Publix’s suppliers resulting in illness in the chickens and widespread parasitic infestation within the meat and eggs. Publix therefore is well aware of its negligence in purchasing poorly sourced and inhumanely raised chickens infested with parasites to sell to consumers and compromise public health across Florida and other southeastern states within the nation.

Publix however is primarily focused on enlarging its profit margins by reducing its poultry costs instead of ensuring a safe food product be sold to its consumers. Therefore, in the interest of consumer safety and public health, I filed a formal complaint against Publix Conway Plaza supermarket with the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) fully documenting these many food safety violations at Publix. The formal complaint was received by the Consumer Complaint Monitoring System (CCMS), the Complaint Case number being 2017-0193. The USDA food safety and inspection service surveillance epidemiologist Kristan Southern (DVM, MPH, PMP) replied to me confirming receipt of the formal complaint against Publix.

Publix ongoing food safety violations have made me ill, nauseous, caused stomach pain, parasitic infestation (which can last for decades causing cancerous tumors in the body years later), damaged my teeth, caused me pain and suffering, and led to me getting shingles (December 31, 2016) for which I went to the emergency room at the hospital January 1, 2017. Shingles is a medical condition prominent among the elderly, which can manifest in younger adults due to stress (mental, emotional, physical) which the teeth damage (Oct. 2016) caused increased pain for me when eating. The nerves in my teeth affected my entire body and set off shingles (an extremely painful virus hurting internally in the vital organs and externally on the surface of the skin).

The nurse at the ER confirmed shingles is triggered and set off by nerves. Images from my doctor and dentists’ visits were sent to Publix which triggered a bout with shingles lasting 4 weeks leaving me bedridden and weak (feeling as if my inner organs had been beaten with a baseball bat and my skin was on fire as if being burned by a blow torch).

Publix food safety violations, lack of adequate quality assurance, negligence in regard to monitoring its suppliers, and disregard for repeatedly reported problems in its supermarket has resulted in physical injuries, bodily and emotional stress, and cost me time from work. As a result of these physical manifestations, I reported to Orange Regional Medical Center emergency room on January 1, 2017. A copy of my medical records were provided to Publix.

Teeth damage sustained from enduring 5 cherry pitts in Publix frozen (pitted cherries) resulted in me cracking two bicuspid teeth in my Mandibular Arch (#28 and #29). Dr. John R. Ong diagnosed my buccal chipping of these teeth and recommended that I undergo a crown implantation procedure. Dental records and X-Rays were sent to Publix and ignored by the Fortune 100 Company. Beyond the teeth and nerve damage, my teeth are now weaker and lack the strength they once had.

The Humane Society has targeted Publix for years regarding inhumane treatment of chickens (supplying their stores poultry and eggs) living in their own feces and prone to parasitic infestation. Hence the ongoing maggots in the chicken and why Publix bathes its birds in ammonia and aluminum among other chemicals before selling them to the public.
http://www.humanesociety.org/news/pre... http://blog.humanesociety.org/wayne/2... http://www.wtsp.com/life/food/ad-call... http://www.orlandosentinel.com/busine... ml https://patch.com/florida/brandon/hum... ck-0

Consumer confidence, mental health and emotional well-being has plummeted due to Publix food safety violations, adding unnecessary personal stress. The unwholesome, below standard and poor quality “food” products being sold at this Publix location (Conway Plaza) surrounded by a Latino community is the subject of ongoing complaints, code violations, and quite possibly discriminatory behavior by Publix in the quality of food products chosen to be sourced and sent to this location.

When I took my 3 year-old daughter to the Conway Plaza Publix to buy meat pies (empanadas as referred to in the Latino community) and get a free cookie at the bakery in March, 2017, upon visiting the Conway Plaza Publix at 8am in the morning there was again an infestation of flies swarming around the cashier at the bakery selling the empanadas. This is most likely how the Publix rotisserie chicken packaged in plastic was infested with maggots, which I bought at 9:30pm before closing time (when the few remaining unsold hot rotisserie chickens in paper bags are taken out of the heater to cool prior to packaging in plastic and refrigerating for sale). Interestingly, the plastic containers wherein the rotisserie chicken is placed, have two small holes through which flies can enter.

The infestation of flies and maggots along with the small holes in the plastic containers for rotisserie chickens used by Publix all align, reveal and explain how a chicken can be contaminated due to a grocery store’s negligence and endanger consumer safety and public health. Other consumers throughout Florida have reported via social media similar food safety problems and violations at their local Publix stores indicating a need for improved food safety standards and increased monitoring of food safety procedures at Publix grocery stores.

Attorneys who would like to represent me against Publix and/or in a CLASS ACTION to advance the interest of food safety and consumers throughout Florida and the southeast United States where Publix grocery stores are located may contact me to discuss legal representation and litigation. Also, media, journalists, epidemiologists, virologists and health safety professionals are welcome to contact me for further comment and investigation. I actually have earned Master degrees in Health (University of Alabama) and Global Food Law (Michigan State College of Law), whereby I know the inner workings and failings of the food industry.

Paul F. Davis

PaulFDavis.com
EducationPro.us
RevivingNations@yahoo,com


Publix Food Safety Violations, Publix Negligence for Class Action
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Published on April 04, 2022 02:59 Tags: class-action, food-safety, food-safety-violations, negligence, publix
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