Defective Products – Ice Cream Recall Due To Metal In Composition

Posted May 25, 2024 | Personal Injury Blog

As summer approaches, many Texans enjoy having an ice cream to beat the heat. However, what happens when that delightful treat turns into a source of danger?

If you have certain types of H-E-B’s Creamy Creations already in your freezer, you might want to skip eating these sweet treats. H-E-B is voluntarily recalling specific varieties of its own manufactured ice cream for being potentially contaminated with metal. 

As personal injury lawyers, we want you to stay informed on recalled and defective products to ensure your health and rights are protected. So this article will discuss the details of this ice cream recall and how it may affect consumers.

Why Foods Are Recalled

A product recall refers to the request to return a product after the discovery of safety issues or defects that might harm a consumer. 

Typically, a manufacturer or distributor will be one to initiate a food recall in response to credible complaints. However, the US Department of Agriculture (USDA) and the Food Drug Administration (FDA) also have the authority to stop the distribution of dangerous foods. Statistics show that the FDA recalled 6,121 products in 2023. 

The following are some of the most common reasons why a food product may be recalled:

• The presence of a foreign object such as metal, glass, or plastic
• Possible contamination of disease-causing microorganisms such as viruses, bacteria, or parasites
• Failure to list a major allergen, such as shellfish, peanuts, or wheat, on the product label

Metal Fragments Prompt H-E-B Ice Cream Recall

H-E-B, a Texas-based supermarket chain, recently announced a voluntary recall of its 12-count packages of 3-ounce cups in select flavors. The reason for the recall is the potential danger of metal being in the product. 

All products affected by the recall have been removed from the shelves. If you are a customer who has bought these ice cream cups, you are advised not to eat these purchases. 

The UPC and code dates are on the outer bag packaging, not the individual cups. The products affected are listed below with their code dates.

3-ounce H-E-B Creamy Creations Chocolate Ice Cream – 12-pack 

UPC: 4122062948

Code dates:

• 9/6/2024
• 9/7/2024
• 9/8/2024
• 9/9/2024
• 9/10/2024
• 9/11/2024
• 9/13/2024
• 9/14/2024

3-ounce H-E-B Creamy Creations Lime/Orange Sherbert Combo Ice Cream – 12-pack

UPC: 4122081930

Code dates:

• 8/31/2024

• 9/1/2024
• 9/2/2024
• 9/3/2024

3-ounce H-E-B Creamy Creations Homemade Vanilla/Chocolate Combo Ice Cream – 12-pack

UPC: 4122081931

Code dates:

• 9/11/2024
• 9/12/2024
• 9/13/2024
• 9/14/2024
• 9/15/2024
• 9/16/2024
• 9/17/2024
• 9/18/2024
• 9/19/2024
• 9/20/2024

Where Can Consumers Find Out What Foods Have Been Recalled?

Staying informed of recent food recalls is vital to protect your health and that of your family. 

As a consumer, there are various avenues you can utilize to stay informed about food product recalls.

Check these sources:

• FDA website: The FDA has a dedicated section for recall information on its website. Here, you can find the reason for the recall, distribution information, and any associated health risks. 

• USDA website: The USDA monitors the safety of meat, poultry, and egg products. Their website is a valuable resource for recalls related to these items. 

• Other government websites: Another good source of recall information is FoodSafety.gov, which collaborates with the Centers for Disease Control and Prevention (CDC) and other government agencies. 

Defective Ice Cream Poses a Product Liability Risk

To date, there have not been any reported injuries related to the H-E-B Creamy Creations ice cream recall. Hopefully, there will not be any harm at all to people unaware of the recall and have consumed the contaminated ice cream.

Our legal team at Fielding Law understands that accidents happen; however, recalls like this could lead to devastating health problems. When purchasing a product, you should be able to feel confident that it has been tested for safety. 

Manufacturers and distributors do not only recall products to protect consumers, but they are also concerned about the negative effect a contaminated product may have on their company. In part, companies take the step to recall foods to maintain their corporate image and limit the company’s liability for negligence. 

What to Do If You Have Been Harmed by Recalled Ice Cream or Another Defective Product

Whether you had to go to the hospital after consuming an ice cream with metal in it or were in a car accident because of a defective vehicle part, being harmed by a contaminated or defective product can be a terrifying experience. 

Taking these steps can make a major difference in protecting your rights and seeking compensation for your injuries:

• Seek medical attention: Your health should always be your top priority after being harmed by a defective product. Visiting a doctor also helps to link your injuries to the item through documentation that can serve as evidence when pursuing compensation. 

• Preserve the defective product: Preserve the defective product (out of reach so nobody else gets hurt), the packaging, and the receipt of purchase. This evidence will be invaluable when establishing fault and liability. 

• Document your damages: Keep a detailed record of any expenses related to your injury from the defective product. This may include medical bills, lost wages, and any other out-of-pocket losses. 

• Consult a product liability lawyer: Depending on the circumstances of your case, you may have the legal right to seek compensation from the manufacturer, distributor, or retailer of the defective product. Your personal injury lawyer can advise you on the best course of action based on the specifics of your case. 

Schedule a Free Consultation With a Product Liability Lawyer Today

If you or your child were harmed by H-E-B Creamy Creations ice cream or another defective product, contact Fielding Law today. Our product liability lawyers can help you receive the compensation you deserve and ensure that negligent manufacturers and distributors are held liable for their actions. 

Our hard-working legal team is committed to seeing every product liability claim through till the end. As a result, we have secured high awards and settlements for our clients. Let us do the same for you.

We accept all product liability cases on contingency. You will not pay any out-of-pocket costs or fees. To schedule a free case consultation with product liability lawyers serving Texas and Utah, call us at (877) 880-4090 or complete the contact form here on our website.

Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.