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Tropical Smoothie Cafe facing lawsuit regarding Hep A outbreaks

September 22, 2016

Tropical Smoothie Cafe is dealing with a CDC investigation and at least one Virginia lawsuit regarding an eight-state Hepatitis A outbreak linked to frozen strawberries imported from Egypt and served at some of its locations. As of noon on Sept. 20, the Virginia Department of Health reported that 102 Virginia residents who have tested positive for Hepatitis A also reported consuming a smoothie at Tropical Smoothie Cafe prior to becoming ill. Cases in seven other states have also been identified in Arkansas (1), Maryland (12), New York (3), North Carolina (1), Oregon (1), West Virginia (6), and Wisconsin (1).  At least 47 victims have required hospitalization, but none have died, according to the VDH.

"After being notified by the Virginia Department of Health of possible links between cases of Hepatitis A and strawberries used in some Tropical Smoothie Cafes in the region, we have identified and pulled the suspect strawberries from the cafes that had them," according to an announcement posted on the chain’s website. "To those who have become ill after eating at one of our cafes, we are deeply sorry. We hope you recover quickly and completely."

The CDC launched the investigation Sept. 1, and Tropical Smoothie has since been working with the organization, along with the U.S. Food & Drug Administration and the Virginia Department of Health to gather all of the facts, according to the chain’s website.

VDH cautioned that Hepatitis A has an incubation period of 15 to 50 days, so additional cases may arise from people who consumed the strawberries at affected stores before Aug. 9. The chain urged any other consumers who believe they may have become ill after having a smoothie containing strawberries at one of its cafes, to contact a health care provider.

"This situation should not have happened – and we are determined to keep it from happening again," said the site.

Effective immediately, the chain:

• No longer sources Egyptian strawberries and is working with its supplier to ensure cafes receive only strawberries sourced from the Americas.
• Has launched a top-to-bottom review of its food sourcing and safety practices, including retaining the services of a nationally recognized epidemiologist and expert in food supply-chain safety.
• Has further strengthened its already-rigorous food safety training and certification processes for employees, as well as protocols and policies for cleaning, sanitizing and reporting.

"Our company was built on serving delicious food made with quality, safe, natural ingredients," the site said. "Be assured that we will take all the steps needed to keep our customers safe and to maintain your trust in us. We appreciate the continued patience and support of our guests, franchisees, and their hard-working employees."

The lawsuit

Ron Simon & Associates, along with The Warren Firm of Charlottesville, Virginia, has filed a lawsuit against Tropical Smoothie Cafe for sale and distribution of smoothies contaminated with Hepatitis A. 

The suit, filed in Prince William County Circuit Court on behalf of Woodbridge resident, Robert Daly, alleges that in July and August, Daly purchased several smoothies from the Tropical Smoothie Café located in Woodbridge, Virginia because he considered them to be a vital part of his commitment to maintaining a healthy diet and lifestyle.

In late August, however, Daly became ill with fever, nausea, and body aches and was forced to seek medical treatment. Initially, his physicians performed routine labs and instructed him to rest, recuperate and stay hydrated.

Within a few days, Daly’s condition deteriorated, and doctors admitted him to Sentara Northern Virginia Medical Center, where he tested positive for Hepatitis A. He spent three days in the hospital before he was released, according to the lawsuit.

According to the CDC and FDA, the investigation into the source and distribution of the strawberries is ongoing, with governmental representatives in dialogue with their counterparts in the Egyptian International Health Regulations National Focal Point.

"We are very concerned about the continued importation of untested fruit from regions of the world known to have a high prevalence of Hepatitis A," said Ron Simon. "This lawsuit and others will determine whether Tropical Smoothie acted with appropriate haste in pulling these tainted berries off the market before others could become ill."

Simon, who represents dozens of Hepatitis A victims across the United States, including victims of the Townsend Farms Hepatitis A outbreak, which involved tainted pomegranate arils imported from Turkey, has established a Tropical Smoothie Claim Center to assist victims in the outbreak. The Claims Center can be reached toll-free at 1-888-335-4901.

As of press time, Tropical Smoothie Cafe had not responded to FastCasual's request for comment.