Question
An ice-cream manufacturer, Sweet Treat, Inc., was sued because eight people died of a newly identified foodborne infection that was linked back to their Melon-Cream
An ice-cream manufacturer, Sweet Treat, Inc., was sued because eight people died of a newly identified foodborne infection that was linked back to their Melon-Cream products. Sweet Treat, Inc., had a comprehensive microbiology quality control system in place and all evidence indicated that at the time the patients became ill, the manufacturer was in full compliance with the U.S. Food and Drug Administration's safety standard, which states: 7 CFR 58.648Microbiological requirements for ice cream. "The finished product shall contain not more than 50,000 bacteria per gram as determined by the standard plate count, and shall contain not more than 10 coliform organisms per gram for plain and not more than 20 coliform per gram in chocolate, fruit, nut or other flavors in three out of five samples tested."
Sweet Treat's products were confirmed as the infection source, but the company was absolved of all liability for the infections because they were in full compliance with the FDA's regulations. Based on the case information and the information presented in the lab background about the standard plate count method, why does this ruling (even if it seems socially unfair) make sense?
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