Confession time! Am I a chocaholic! I assumed it was perfectly normal etiquette to eat 8 chocolate bars per day so imagine my horror when I found out that my leading favourite chocolate manufacturer had recalled chocolate bars in up to 55 countries.. What??!!
I went through the standard emotions after learning this news… mostly horror thinking about what I may have consumed in my daily feast of cocoa.
Nope only pieces of plastic … phew! However, would it really be so bad if my oesophagus got a little tethered surely this would mean that the chocolate got in my blood stream quicker.
On a serious note the leading chocolate maker ‘Mars’ has recalled a number of products which were made at a factory within the Netherlands which has been distributed in up to 55 countries after an unsuspecting customer found an additional ingredient of pieces of plastic in his chocolate bar.
As a leading food manufacturer Mars are required to comply with legislation which relates to the safety of food, traceability, notification of food safety incidents and withdrawal and recall of unsafe food.
Under the Consumer Protection Act (CPA), we are legally protected against injury caused by faulty goods which include food produce.
If any goods made, distributed, supplied or sold in the UK are found to be defective or unsafe the pursuer may claim damages against the liable party.
Luckily in this case no injury was caused unlike the recent case of Miss Tracey Rae where she was was awarded over £250,000 in damages after contracting IBS from food poisoning caused by eating undercooked chicken liver in a salad at the Scotch Malt Whisky Society’s restaurant in Leith in 2009.
Miss Rae sued James Freeman, trading as Saffron Private Catering based in Berwick-upon-Tweed, who was in charge of catering at the restaurant at the time.
Medical evidence supported that Miss Rae is likely to suffer from IBS for the remainder of her life and now requires following a restricted diet. Miss Ray was awarded damages of £263,000, including £175,000 for future loss of earnings, £50,000 for pain and suffering and £30,000 towards the cost of following her restricted diet.