Frito-Lay and Costco are facing a product liability lawsuit filed by a woman who required surgery after allegedly swallowing metal pins found in a bag of Ruffles potato chips. She is seeking a minimum of $50,000 in damages.
In May 2009, Chicago-area resident Zahra Kashani allegedly became "acutely ill" after eating Ruffles brand potato chips purchased from Costco. According to her recently filed lawsuit, she then had "multiple pins and needles" surgically removed from her stomach and esophagus.
Kashani is suing Frito-Lay, the manufacturer of Ruffles potato chips, Rolling Frito-Lay Sales LP, the product distributor, and Costco Wholesale Corp., the retail chain where she purchased the tainted chips.
Laws governing personal injury due to contaminated products are generally addressed according to the legal theory of strict liability. Strict liability means that either a product seller and/ or manufacturer is liable for any harm caused to a consumer for their acts or omissions regardless if the acts were intentional or accidental.
If a jury finds the allegations are in fact true, Frito-Lay and Costco would be strictly liable for the harm caused to the consumer.
Costco nor Frito-Lay, a unit of PepsiCo Inc., has commented about the lawsuit.
