‘Honest oversight’: Almond milk label error lands man in ICU for 147 days
A man's 188-day hospital nightmare has led to heavy penalties for a milk company whose labelling error caused one of Australia's rarest poisoning cases.
An Aussie milk brand has been ordered to pay almost $200,000 after a man fell ill from their almond milk and spent 147 days in the ICU.
Inside Out Nutritious Goods faced the NSW Supreme Court after they were found to have incorrectly labelled tens of thousands of bottles of almond and oat milk sold to Woolworths.
The milks required refrigeration below five degrees at all times; however, were labelled: “once opened, keep refrigerated and consume within 5 days”.
The company was charged by the regulator, the NSW Food Authority, after one man fell seriously ill after consuming the milk.
The court heard how Ms Karyn McGrigor purchased 10 bottles of the company’s 1L Unsweetened Almond Milk from Woolworths’ online store and stored them in the cupboard.
Ms McGrigor’s partner, Mr Mace, drank the milk and had to be hospitalised for 188 days from January 2023 to July 2023.
He spent 147 days in the Intensive Care Ward and received a formal diagnosis of botulism after the milk was tested.
Botulism is a serious condition which is caused by a toxin attacking the body’s nerves.
The condition can cause paralysis, vision, swallowing and breathing problems and can be fatal.
The court heard how there had only been three reported cases of botulism in adults in Australia between 1992 and 2019.
In his decision, NSW Supreme Court Judge Anthony Payne said that while the offending by Inside Out was an “honest oversight”, the potential harm caused by the incorrect labelling was “significant”.
Judge Payne detailed how the mislabelling was the result of “human error” and that the label was originally prepared for a different product.
“The incorrect content of the label was originally prepared for use on another, shelf-stable Ultra High Temperature (UHT) product offering, and was then inadvertently copied across to the new product packaging,” Judge Payne said.
“The error was not detected at the proof-reading stage by any officer of Inside Out.
“The packaging was put into production, the products were manufactured, and sent to the various Woolworths supermarkets for sale.”
Judge Payne ordered Inside Out to pay a $120,000 fine as well as $75,000 for the NSW Food Authority’s legal costs.
He said that general deterrence was “important” in the case.
“The penalty imposed must be of a sufficient size to deter other food manufacturing and distribution companies from similar offending,” he said.
“Protection of the public demands no less.”
In February 2023, Mr Mace’s botulism diagnosis sparked a statewide public health alert and recall of the products.
“NSW Health is advising people not to consume Inside Out Unsweetened Almond Milk following a statewide recall of the product, which has been linked to a case of botulism,” the NSW Health alert read.
“NSW Health advises the recalled product is not safe to consume and is asking people to check the products in their fridge and cupboard. If you have purchased this recalled product, you should throw it in the bin or return it to the place of purchase for a full refund.”
In a statement provided to news.com.au, Inside Out said it “acknowledges and accepts” the court’s ruling.
“We appreciate the Court’s acknowledgement of the actions we’ve taken and our compliance with the legal process,” the company said in a statement.
“We take food safety and compliance extremely seriously, and the health and safety of our customers is always our top priority.
“Inside Out will continue to work closely with regulators and industry bodies to ensure our products remain compliant.”
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