Author: MichaelEhline

FDA Issues Recall on Freeze-Dried Blueberries for High Levels of Lead on Walmart and Amazon

Written by MichaelEhline on January 25, 2025. Posted in Products Defect Blog.

Dust Kills?

Ultimate Guide to FDA Recalls on Freeze-Dried Blueberries for High Levels of Lead.

A recent news article about two lots of Natierra organic freeze-dried blueberries in Walmart and Amazon: these products are being recalled as they are suspected of carrying high lead levels. The Food and Drug Administration issued the recall as soon as they noticed that the lead contamination was higher than its recommended limits in the original heavy metal reports.

All consumers of the product must discard them immediately and claim a refund. They should also get tested for lead poisoning. Although no one has been affected by the batch, people should still be aware of the possible consequences. The company should also start implementing mandatory batch testing for heavy metals to eliminate any possible contaminators that could harm its consumers.

Please be aware of the possible symptoms caused by acute lead poisoning, such as vomiting, diarrhea, abdominal pain, muscle weakness, decreased urinary output, weight loss, etc.

The Issue with Lead in Natierra Organic Freeze Dried Blueberries

Lead is a naturally toxic metal that can destroy the entire central nervous system when accumulated in the human body. That’s why it was entirely banned in the United States in 1978 after several adverse events related to lead poisoning.

This toxic metal is incredibly aggressive in children and pregnant women; sadly, millions have died after lead exposure. The problem with these organic freeze-dried blueberries is that there’s no safe level of lead in the human body, and anyone who may have consumed them is exposed to terrible consequences.

The company performed a voluntary recall after the FDA recall notice. This consists of aggressively monitoring the packing site and other places where the organic freeze-dried blueberries may have been exposed to lead and other toxic elements.

Four Ways to Enhance Food Safety Systems in Companies

If you have a company and wish to avoid getting sued by your consumers or prevent your food from lead exposure, you need to enhance your food safety system. There are several ways of doing this, and we can learn from Natierra’s organic freeze-dried blueberry to understand what they did wrong. Some of the best practices you can implement in your packing site are the following.

Conduct Regular Audits

Nearly every bodily system will react to lead contamination, so even if you think your business’ products are within the FDA’s recommended limits for all toxic metals, you must conduct regular audits to ensure everything is running as smoothly as it should. You can further investigate the potential presence of lead and other food hazards, which will help you create strategies to prevent lead contamination. This auditing process must happen regularly, as it is the only way to ensure that our freeze-dried blueberries and other products are safe for consumption.

Consider a CCP Monitoring System

Another way to ensure your freeze-dried blueberries won’t harm your consumers is by implementing a CCP monitoring system. This consists of installing several sensors that will trigger an alarm if any product happens to go beyond its target limits. After the testing conducted by these monitoring systems, you can make sure your freeze-dried blueberries are entirely safe to be eaten by others.

Review and Maintain Equipment

We know all the developmental defects and other long-term health problems that lead can cause in your internal organs and nervous system. Luckily, this can be avoided by simply doing proper maintenance to your equipment and investing in the correct type of machinery you need for handling food and keeping it away from hazards.

Provide Employee Support and Encourage Buy-in

One of the most crucial elements for preventing the presence of lead in your food batches is to train your staff correctly. They should know how to handle food and prevent contamination correctly. Therefore, you must conduct regular training programs and discuss the importance of following codes and food safety systems.

Your employees should know everything about the food safety system and feel completely confident when performing it. Therefore, it is always helpful to provide visual demonstrations and conduct tests and evaluations to follow up on the training. The most important part of this training is letting your employers know the importance of correct food management and all the consequences it can have to not doing it correctly.

Contact Ehline Law for Lead Poisoning Cases

On the other hand, if you suffer lead poisoning from food that wasn’t correctly processed, you can always count on us to protect you. Here at Ehline Law, we have personal injury specialists ready to fight with big or small companies to give you fair compensation for your injuries. You must call (833) LETS-SUE and get a free consultation for our services.

Law Shortens Probation Time in California: Is the Law Retroactive?

Written by MichaelEhline on January 25, 2025. Posted in Torts, Examples, Explanations.

Criminals Get More Help From Politicians?

Ultimate Guide to Understanding California Probation Rules

In general, yes the law is retroactive, meaning many old cases will receive the same protection. In October 2020, California Governor Newsom signed the Assembly Bill 1950 (AB 1950) to address the ineffective supervision system. AB 1950 took effect in January 2021 and aims to tackle a massive challenge: probation reform.

The AB 1950 probation reform bill restructures the system and significantly shortens adult probation periods in California for many misdemeanor or felony cases carrying a prison sentence. Once implemented, the reform will reduce the number of inmates who violated probations, helping minimize operational costs associated with running prisons.

Let’s explore the details of the AB 1950: law shortens probation time in California, with Ehline Law and our California personal injury attorneys.

Why Was There a Need for California Assembly Bill 1950?

The United States government spends more than $80 billion annually to maintain the prisons in the country, while the indirect costs of the criminal justice system are even more. Then there are the effects on economic growth that goes beyond incarcerated individuals.

Studies show that incarcerated people’s children do not complete their education and enter the labor force to make up for their parent’s lost wages. This further costs the US economy $30 billion annually.

Most people in jail are in for minor violations or are under pretrial detention, meaning they do not have the financial resources to pay for their bail and end up in jail until their trial. The major problem with the criminal justice system is that most people on probation end up incarcerated due to technicalities or minor violations.

The AB 1950 aims to reduce the burden on probation case officers by decreasing caseloads, allowing them to redirect their resources and energy towards those at risk of re-offending.

Informal Probation vs. Formal Probation

Simply put, probation is an alternative to prison given to individuals with a felony conviction or those with misdemeanor convictions. Agreeing to a probationary period means you agree to obey the probation rules.

Some standard probationary rules include:

Following all local, state, and federal laws
Checking in with your probation officer
Undergoing alcohol and drug testing
Holding employment
Avoiding certain locations.

Probation is not a “get out of jail free” card. A probation violation will result in jail or prison time.

Before AB 1950, sentencing courts could place misdemeanor criminal defendants on probation for up to 3 years, known as informal probation. It extends the probation period for felony criminal defendants to maximum state prison confinement time. In reality, a felony probation sentence is around three to five years.

AB 1950 aims to shorten the probation length by capping the felony and misdemeanor probation sentences.

Probation Does More Harm than Good

Under a period of supervision, probation typically aims to reduce or eliminate jail time for people who have committed a felony or misdemeanor. However, studies have shown that probation does more harm than good.

A United States Department of Justice study reveals that the probation period positively impacts defendants for the initial two years. However, any more probation time could be detrimental to the defendants and the economy.

Probation Period for Felony and Misdemeanor Offenses

The California AB 1950 is a probationary reform bill aiming to reduce the probationary period for misdemeanor or felony charges by:

Maximum probation term of 1 year for most misdemeanor offenses.
Maximum probation term of 2 years for most felony offenses.

AB 1950 Exceptions: Crimes That Are Not Covered under the Bill

The California assembly bill 1950 does not apply to crimes that fall under California’s three-strikes law (serious and violent felonies), financial crimes with more than $25,000 in losses, and a small set of felony offenses under the Penal Code with specific probation lengths.

The AB 1950 does not affect violent felony criminal charges, including the following types of crimes in California:

Murder and attempted murder
Domestic violence cases
Deadly weapon assault
Kidnapping
Voluntary manslaughter
First-degree burglary and Robbery
Mayhem
Rape and statutory rape
Restraining order violation
Criminal threats
Child abuse.

Are Changes to Probation Time Limits Retroactive?

Since AB 1950, some appellate cases have confirmed retroactive changes to the probation time limits.

Let’s go over some cases and their verdicts.

People v. Burton

In the People v. Burton case, the jury found Burton guilty of violating the Los Angeles Municipal Code about the safety of a property he owned. After the verdict, the trial court placed Burton on three years of summary probation under certain conditions. However, Burton filed an appeal stating that one of the conditions imposed by the court violates his Fifth Amendment.

While waiting for the appeal, the California governor signed the AB 1950 law. Under the Estrada doctrine, Burton argued that the new law entitled him to relief. Under the Estrada doctrine, new legislation that changes the criminal statute, allowing for a reduction in punishment, courts must presume that the bill is retroactive for all cases where the judgment is not final.

In People v. Burton, the court concluded that under AB 1950, summary probation qualified as “punishment” and remanded the case to the trial court with specific instructions that the granted probation must not be more significant than 12 months.

People v. Quinn

The AB 1950 is retroactive for felony cases, too, as witnessed in People v. Quinn. Quinn was convicted of transporting marijuana across state lines in this case and received three years of formal probation. However, she challenged the court and the 3-year probation.

The Attorney General argued that under Penal Code 1203.3, probationers must file a petition for felony cases with more than two years of formal probation rather than receive an automatic reduction. However, the court concluded that the AB 1950 applies retroactively to individuals on probation whose case is not yet final. Under the AB 1950, the court directed to reduce Quinn’s sentence to a maximum of 2 years.

Schedule Free Consultation with Ehline Law

The retroactive application of the new law varies from case to case. It is best for individuals on probation or those considering accepting a probation offer to speak to a criminal defense attorney first. However, if you’re suffering from injuries or lost a loved one resulting from a misdemeanor or a felony crime committed by someone else, contact us at (833) LETS-SUE for a free consultation, as you may qualify for compensation.

Ford Truck Recall Affects Thousands

Written by MichaelEhline on January 25, 2025. Posted in Products Defect Blog.

Ford Recall

F-Series Recall A Safety Hazard?

Bloomberg reported on the recall and its potential effects. Ford’s recall affects Ford F-150 and Super Duty pickups. Ford shipped these vehicles out with faulty side doors that often fail to open or appear closed without latching.

Ford claims no one has suffered injuries yet, but the recall affects the 2015-2017 model years, and the F-Series of trucks are Ford’s most popular. Overall, Ford expects a $267 million loss eating into Ford’s profit margin. The recall also undermines consumer trust in Ford’s brand. Our consumer lawyers note that Ford is still damaged from issues during the Great Recession. But we wish the American company well.

Everyone wants Detroit to succeed. However, pushing out inferior products won’t cut it. Overall, the recall affects about 1.1 million pickups in the US. It also affects over 220,000 in Canada and over 20,000 in Mexico.

Not The First Major Auto Recall Issue?

This isn’t Ford’s first vehicle recall over the last several years. Ford was involved in several significant memories, each of which was a unique challenge to drivers. Ford vehicles also used faulty Takata airbags. These airbags were infamous for causing death and injuries. Some riders even described them as IEDs.

Furthermore, Ford’s problems are just beginning since reported deaths or injuries are unknown, potentially making the car giant liable for millions in lawsuits and litigation. Personal injury lawyers and public agencies will have the company under a microscope till then. If you have any questions, please do not hesitate to contact us. The Ehline Law firm Personal Injury Attorneys, APLC, is here to assist with any concerns. Our team has decades of experience handling such recalls and auto safety issues.

We are the people’s advocates. Allow us to be your shield. Call or email us for more info. We will travel anywhere in the state to discuss your legal options.

Data Shows 2 Biggest Factors for Cancer Risk | Ehline Law Is Here To Help

Written by MichaelEhline on January 25, 2025. Posted in Service Related Cancer Blog.

It has long been established that current or former smokers under 50 years of age are at a much higher risk of cancer than their non-smoking counterparts. However, a recent health news release suggests another factor that may also play a significant role in cancer risk. Doctors are working to define subgroups within the population that could benefit from enhanced screening.

This was according to the Senior Vice President of Population Science at the American Cancer Society and lead study author, Dr. Alpa Patel. He said these results were necessary to inform future screening options, which would help develop additional preventive interventions.

Their findings were published on August 3, 2022, and have made waves in the medical community. At Ehline Law, we represent and help patients decide whether they need to sue for being exposed to known carcinogens that result in them being diagnosed with cancer. Call us now at (833) LETS-SUE, and talk to one of our experienced lawyers.

The Biggest Factors for Cancer Risk

The National Cancer Institute and American Cancer Society studies have been focused on identifying the highest cancer risk factors to help patients with preventive interventions. Their data shows the two most significant factors for cancer risk, which are older age and smoking.

Smoking

Some cancer risk factors are significantly higher in current smokers compared to those who have never smoked before. These cancer risks were compounded in overweight, long-term smokers who had a sibling, parent, or child with a history of cancer.

Older Age

One of the most interesting findings of the research was the significant role played by old age in increasing cancer risk. This is a key factor that has been generally overlooked, with researchers focusing on other possible causes.

According to researchers, the absolute risk was as high as 2% in most people who are over the age of 50. This is a huge jump compared to never-smokers under 50 who maintained a relatively healthy lifestyle.

Other Important Risk Factors

However, besides the two major risks mentioned above, other factors, such as the personal history of cancer, need to be considered. These risks are different for men and women, with men showing a much higher absolute five-year risk of 29% compared to 25% for women.

Risk for Cancer in Men

In men, the following risks are important:

Red meat consumption and physical inactivity
Alcohol intake
Family history of cancer.

Risk for Cancer in Women

Women need to watch out for the followings risks:

Excess body fat (based on BMI)
Hysterectomy and tubal ligation
Type 2 Diabetes
High blood pressure combined with physical inactivity
Family history of cancer.

Method Used To Identify Factors Associated With the Risk of Developing Cancer

Four hundred thirty thousand participants with no personal history of cancer were used in two American Cancer Society studies, in which researchers analyzed their risk of developing cancer over five years.

A total of 15,226 cancers were diagnosed during that time, with results showing that the risk was much higher in older smokers with a high amount of body fat.

Why Enhanced Cancer Screening and Prevention Is Important

Future tests for multi-cancer early detection can save lives within the general population if these results are put to great use. This is why screening recommendations must be based on a wider range of risks other than smoking, excess body fat, family history, and age.

How To Reduce Your Relative Risk of Developing Cancer

To reduce the risk of cancer, you need to:

Stop smoking
Eat healthily and exercise
Limit alcohol consumption
Protect yourself from the sun
Get screened regularly.

Ehline Law Can Help

If you or your loved one is suffering from cancer that the actions or negligence of others may have caused, you could be entitled to receive compensation. Call Ehline Law today at (833) LETS-SUE and schedule a free consultation.

Can I Sue Aquarium of the Pacific for Bird Flu?

Written by MichaelEhline on January 25, 2025. Posted in Premises Liability Blog.

Ultimate Guide to Understanding the Aquarium and Avian Virus

On September 30, 2022, the US Department of Agriculture (USDA) closed down the Monterey Bay Aquarium’s Sandy Shore & Aviary Exhibit to protect the resident bird species from the global avian influenza outbreak.

It is said that the virus is active and spreading slowly in the region. Although the foot traffic remains closed for the time being, according to Emerson Brown, the senior manager of Media Relations, guests can view the animals through the glass windows and the Aviary Cam.

The Sandy Shore Aviary is the only bird habitat in the aquarium that guests can walk through. Bird flu can latch onto shoes or clothes, and any guests coming into contact with the birds risk the birds contracting the deadly virus.

Avian influenza is contagious and can spread from one bird to the other through saliva, feces, or mucous. Contaminated insects, animals, food, water, or any form of clothing can cause the virus to spread to other resident birds.

Increasing biosecurity protocols can help minimize the spread of the virus, and according to Brown, the aquarium is taking such measures. Penguins remain in their enclosures, and the staff avoids bringing them out for walks.

Long Beach Aquarium’s Penguins Run for Cover

On October 11, 2022, the Aquarium of Pacific moved certain animals and aquarium birds inside after being notified of the flu in wild birds in Los Angeles County.

According to the aquarium spokeswoman, Claire Atkinson, the Lorikeet Forest exhibit and the June Keyes Penguin Habitat will remain closed. The management also decided to close the Shorebird Sanctuary exhibits until there is no more threat of the virus.

Penguins were the most exposed at the aquarium since they are flightless birds. Wild birds are flying over the enclosure or birds landing into the habitat increase the penguins’ chances of contracting the bird flu. The aquarium decided to move the penguins to the covered pools where the aquatic animals were previously exhibited.

The aquarium will follow state and federal guidelines, and animal handlers who care for diving birds and birds indoors must strictly adhere to hygiene protocols. Furthermore, they will closely monitor the sea lion habitat after a few cases of H5N1 flu infecting seals on the East Coast.

Spread of Avian Influenza Across the United States

Due to wild bird migration, the current bird flu strain has traveled from Asia into North America, finally reaching the United States at the start of 2022. By July, officials reported California’s first case of the bird flu virus in Sacramento.

Within a few months, the virus spread through California, with many reports arising from Del North and Santa Cruz County. By October 2022, it reached Monterey County prompting an immediate response from the aquarium. So far, USDA’s data suggests that the virus has spread to 22 counties.

What’s concerning is that according to the state’s California Department of Fish and Wildlife, the virus is now found in commercial and domesticated flocks across ten counties, including Monterey. As new cases arise, the location is immediately quarantined, and authorities euthanize the infected birds to prevent the virus from spreading to other California flocks.

Although bird flu primarily affects poultry, it does harm other bird species, including ducks, geese, crows, and more. Humans are unlikely to contract the bird flu virus, unlike COVID-19, but there are rare instances.

For example, the Centers for Disease Control and Prevention (CDC), in April 2022, reported a person who had direct exposure to poultry and was involved in the culling infected with the virus.

According to the CDC, the Highly Pathogenic Avian Influenza A, also called H5N1, has infected commercial and backyard birds across 29 states and wild birds in 34 states. The CDC also monitors the virus among humans and has currently tracked over 2,500 people exposed to H5N1 virus-infected birds. Those who remain unaffected but are involved in the culling process have been advised to take caution.

Following the rise in infected wild birds and domesticated flocks, the SPCA Monterey County has asked residents to remain vigilant and look for warning signs to help prevent the spread.

Symptoms of the H5N1 virus in birds include the following:

Appetite loss
Reduced egg production
Seizures
Diarrhea
Paralysis
Respiratory illnesses
Sudden death.

Infected wild birds flying into Monterey County have made it difficult for the SPCA to estimate the number of bird casualties. Domestic poultry is at a higher risk of infection due to their dense living conditions, making them super-spreaders. To prevent their farm birds from contracting the virus, farm owners must secure the food and water supply from wild birds.

Bird Flu Can Be Fatal to Humans If Contracted

Bird flu is not recent, as it has been around for a long time. Since 2003, there have been 865 humans affected globally by the bird flu and what’s scary is that 53% of the cases were fatal.

Although it is pretty rare for humans to contract the virus, they become carriers, putting other birds at risk.

Permitting a Communicable Disease to Spread: Can I Sue Aquarium of the Pacific for Bird Flu?

All over the country, aquariums and farm owners are taking measures to prevent their domestic birds, shore birds, bald eagles, backyard flocks, and other bird species from contracting the Avian flu.

The bird owners must take measures to prevent the spread of infectious diseases if their animals are suffering from them. Bird owners who have knowledge that their animals are suffering from communicable diseases have the duty to use reasonable care to prevent them from transmitting the disease to other birds, animals, and people.

However, if the owner is negligent and does not take adequate measures, they will be liable for the resulting damage. Contact us at (833) LETS-SUE to speak to a compassionate, aggressive, experienced Premises Liability attorney if you’ve suffered losses due to another’s negligence, as you may have grounds to sue.