Shoppers in Massachusetts who survived Black Friday without injury should consider it a small feat considering it is the most dangerous shopping day of the year. Even though the big event is over, shoppers and consumers will still be packing malls and shopping venues in the weeks to come, on the hunt for irresistible deals and gifts.
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Injuries from shopping accidents in Massachusetts are more common this time of year when a business or merchant doesn’t take the necessary precautions to keep their premises hazard free.

We remind you of the post we did in October on our Boston Personal Injury Attorney Blog when we reported that a Massachusetts woman is filing for compensation following a 2006 shopping injury at a WalMart that left the bone in her ring finger exposed. The woman had tried to reach for a gift located on the top shelf and snagged her ring on a metal latch sticking out from the shelf. This accident, also known as degloving, could have been avoided if the WalMart had ensured customer safety by properly maintaining the property.

Boston premise liability lawyers find in many cases that retailers and store owners are considered negligent if they knowingly leave a hazard unattended. Maintaining the store property, including parking lots, sidewalks, and inside the premises is vital to keeping customers and employees free from injury.

There are several types of shopping-related injuries but the most common is slip and fall accidents, which are sometimes caused by an icy sidewalk, a freshly mopped floor, or cluttered aisles to name a few. Shopping cart injuries are also common this time of year when a child’s finger gets stuck, a cart topples over or is left unattended in an overcrowded parking lot. Head and neck injuries can often result when a customer is struck by a falling object from a shelf or boxes fall from an unsafely stacked store display.

Elevator and escalator injuries are also common when customers are riding and experience a malfunction. Overcrowding on these riding apparatuses can make them dangerous and present an exit hazard when customers can’t escape during an emergency situation.

Store owners and merchants are also responsible for keeping parking lots safe and hazard free. This means keeping surveillance cameras functioning properly, security cars patrolling the area and maintaining a well-lit parking environment to protect shoppers from assault or theft when they return to their cars. If a winter storm dumps an accumulation of snow, clearing the lots and sidewalks and laying down salt on top should be a top priority to prevent a slip and fall accident from occurring.

Shoppers are urged to use extra caution this time of year as stores will be overcrowded and liable for accidents. Keep close tabs on your children in the store and in the parking lot. Stay alert for shopping hazards like displays or falling objects. Try to avoid shopping after dark or during the busiest parts of the day like lunchtime or after work.
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A recent bicycle accident near Norwood involving two young boys is a reminder of how dangerous roadways are for bicyclists in our area.
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Wicked Local Walpole reports two boys, ages 9 and 10, were struck from behind by a Toyota sedan as they were bicycling down the roadway in a rural area of West Walpole. One boy was riding on the bicycle while the other was holding on and being towed on a skateboard. The 9-year-old suffered head trauma and was transported via helicopter to New England Medical Center in Boston. The 10-year-old suffered a leg injury and was taken to Norwood Hospital. Local authorities report the 61-year-old driver claims she never saw the boys before making impact with the bicycle. The vehicle ran over the bicycle as the children were thrown to the opposite side of the road. The cause of the accident is still under investigation. Sun glare, the influence of drugs or alcohol, and cell phone use have all been ruled out. Officials believe the driver was traveling under the speed limit, so speed doesn’t appear to be a factor either. Charges are pending the complete investigation of the accident. The boys have been released from the hospital.

Boston bicycle accident attorneys know that Boston streets and roadways are extremely dangerous for bicyclists especially on Mass Ave. From 2002 to 2009, several bicycle accidents have been reported at different intersections running along Mass Avenue. As many as 140 accidents and 100 bicycle injuries were reported at three different intersections during this time period.

City officials are striving to make Boston a more bike-friendly city. Boston.com reports Mayor Menino announced plans in early November to install a bike lane on Mass Ave where parking spaces currently exist. Though bike enthusiasts are celebrating the movement, local businesses and merchants are not happy about the prospect of taking away business from their establishment.

The lane is being installed due to bicycling safety concerns. A student at Northeastern University is one of many cyclists who have had close calls or near misses while riding in and around the city. The City of Boston website reports from 2007 to 2009, bicycle ridership has increased by 122 percent. More riders mean more crashes. During that period, 37 percent of bicycle crashes have been with a car compared to 5 percent involving a pedestrian; most of them occurring on Commonwealth or Massachusetts Avenues.

Bicyclist and motorist awareness is the key to making roadways safer, even with the use of bike lanes. There is so much distracting technology nowadays for both riders and drivers that inattentiveness has moved to the forefront as a leading cause of bicycle-car accidents in Boston and elsewhere.

Whether you ride a bicycle to commute to work, to school or purely for the enjoyment and exercise, children and adults need to stay alert and makes themselves seen by passing motorists.
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Now that we are in the height of holiday travel season, it is probably fair to say that motorists have more fear of having an encounter with a drunk, aggressive or distracted driver. The drivers who probably should fear a car accident in Newton, New Bedford, Cambridge or throughout Boston the most are elderly drivers who don’t react as quickly or see as well to avoid a collision.
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Massachusetts personal injury attorneys understand how important it is to keep loved ones close during the holidays. Sometimes we notice a decline in an elder parent so it is important to monitor his or her driving skills and talk about ways to stay safe this time of year. Keeping older adults off roadways as much as possible this time of year is an important step in keeping them safe throughout the holiday season.

Recent studies are showing that elders are involved in fewer accidents compared to previous years even though there is an increase in registered drivers over the age of 70.

SouthCoastToday.com reports elders feel like they get the brunt of the blame when they driver more cautiously than a teenager or other risk-taking motorists. A fatality report provided by the Insurance Institute for Highway Safety (IIHS) indicated that drivers over age 70 have improved the rate of accident involvement more than young adults or middle-aged drivers. In addition, a driver over the age of 74 is less likely to kill other vehicle occupants, motorcyclists, bicyclists or pedestrians than a licensed driver between the ages of 30 and 59.

In 2008, the Federal Highway Administration reported 22 million licensed drivers over the age of 69 on U.S roadways. In 1997, there were fewer than 18 million drivers in this age group. According to the Massachusetts Department of Transportation there are currently 316,548 senior drivers between 70-79 years-old, 171,242 drivers between 80-90 years-old and over 24,500 drivers over 90 years old. People are not only living longer but they are driving longer despite efforts to keep them off roadways.

State lawmakers have considered restricting elder drivers or requiring them to take tests. Within the last 12 months, there have been more than 10,000 seniors over age 70 involved in a Massachusetts car accident. To date, state officials only require vision tests for drivers 75 and older every 5 years. One problem that haunts elder drivers is difficulty seeing, especially at night. With the advancement and success of laser eye surgery local police officials don’t see elderly drivers as a problem worth raising too much concern over. Teens and young drivers are just as big of a problem.

The Massachusetts Registry of Motor Vehicles does not limit drivers based on age alone. Instead, Massachusetts is a self-reporting state and base licensing standards on a driver’s functional ability. Self-reporting means each driver (or someone who takes note) is responsible for reporting personal medical conditions or age-related issues that can affect driving ability. According to IIHS, 28 states throughout the country place standards on senior drivers which may include vision tests, driving tests or shorter renewal periods.

Keep your elderly loved one safe this holiday season by offering to take them shopping or driving them to run weekly errands.
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Recently reported hunting accidents during deer-hunting rifle season have our Boston personal injury lawyers reminding hunters to stay safe out there. Not only are you at risk of being shot inadvertently by another hunter but you could suffer a slip accident in the darkened woods or a fall accident from a deer stand.
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Nashua Patch reported two separate Massachusetts hunting accidents on opening day. A man from Marlborough was shot and killed by another hunter in an early morning incident while hunting with his father and brother in Lisbon. Later that day, a hunter from Pittsfield was severely injured after being shot in the buttocks while hunting with a group of five hunters.

The Milford Daily News reports more hunting permits handed out in our region this year means more hunters will be out there looking for the ultimate prize, a multi-pointed buck. In an effort to control the animal population throughout Massachusetts, hunters will be permitted to hunt an additional 850 deer this year compared to last year. Massachusetts hunters are permitted to kill two bucks in addition to antlerless deer. In total, 9,000 antlerless deer can be hunted and killed in Metro West, Greater Boston and North Shore in addition to the just shy of 9,000 that can be killed in Zone 11.

With so many hunters out there this year, hunting safety becomes a prominent concern. According to NashuaTelegraph.com, wearing orange can make a hunter easier to spot even in thick brush or popular hideouts. Wearing bright orange doesn’t scare the deer away because they can’t distinguish colors like red, green, yellow or orange but it can make hunters highly visible to anyone else sharing the woods. Neighboring New Hampshire has reported 31 firearm-related accidents since 2000 but only 11 of them involved a hunter dressed in bright orange. All 11 were considered accidental from a fire mishap or careless handling.

Massachusetts requires hunters to be dressed in bright orange and take a hunting safety course prior to going out to hunt. Education and awareness can keep hunters safe and making the right choices when it comes to avoiding injuries.

Keep safety in mind by using these additional hunting safety tips from Massachusetts Division of Fisheries & Wildlife:

-Never drink and hunt. Alcohol is a bad combo when it comes to using a loaded firearm.

-Don’t keep guns loaded when you aren’t using them.

-Use a haul line to raise your gun or gear.

-Only fire when you are sure of your target and what is behind it.

-Never run, jump a ditch or climb a tree with a loaded gun.

-When using a tree stand, wear a Fall-Arrest System or full body harness to prevent a fall accident from heightened levels. Make sure the stand is sturdy before using.

-Hunt with a friend in case an emergency arises and rescue help is needed.

-Keep a charged cell phone on silent but handy in case an accident occurs.

-Always keep guns and ammunition stored separately.
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Riding a motorcycle can be dangerous. Riders face more risks for being killed in a motorcycle accident in Boston than do the occupants of passenger-vehicles.

The Insurance Institute for Highway Safety (IIHS) says there is one thing that a motorcyclist can do to help reduce these risks — antilock brakes. To help spread the word, the IIHS has released a new pamphlet, “Motorcycle ABS: Why you want to ride with it,” explaining exactly why you’re safer with this braking system.
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This brochure explains exactly what antilock brakes do, how they work and what their benefits are for riders. It has been created to be handed out at motorcycle showcasing events, rider training programs and other motorcycling venues. The bottom line is that the IIHS is encouraging riders to embrace the new technology and to choose bike models with the safe braking system.

Our Massachusetts motorcycle accident attorneys understand that motorcycles have two separate braking systems, one for the front tire and one for the back. Braking on a motorcycle is much more difficult that braking in a passenger vehicle. When braking on a motorcycle, either wheel can lock up and a driver could potentially lose control or balance and suffer a deadly fall.

When making a sudden brake in a car, the vehicle may skid. No harm done. With the antilock brakes, motorcyclists can brake without the fear of locking up.

“Research shows that motorcycle antilocks dramatically cut the risk of a deadly crash,” says Institute president Adrian Lund.

The antilock braking system knows when to reduce the pressure applied on your brakes right before you’re about to experience a lockup. The system knows when to reapply pressure once you’ve regained traction, too. Riders don’t typically notice any changes in non-emergency braking with the new system since the technology is only used when the motorcycle’s wheels are about to stop spinning.

The braking system comes standard on some bikes and can come as an add-on feature to many bikes. Riders are encouraged to opt for the safe-braking system.

Bikes that have the antlock braking system have been proven to have a near 40 percent lower rate of deadly accidents than the same models without the system, according to the IISH. Highway Loss Data Institute statistics report that there more than a 20 percent reduction in the number of collision insurance claims that are filed for motorcycles with antilocks than for bikes without it.

The braking system has been proven to be safe for motorcyclists of all capabilities. Even the most trained motorcyclists are, at times, forced to brake hard. Road surfaces can play a large role in the outcome of a harsh braking scenario. Unexpectedly sandy or slippery roads can cause a rider to crash. The Austrian Road Safety Board recently conducted a study that concluded that beginner, moderate and expert riders can stop quicker and more safely with the new braking system.

In 2009, more than 4,000 people were killed in motorcycle accidents. If antilock braking systems had been presence on all bikes, experts believe this number could have been much, much lower.
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Recently, Somerville was named the 10th-most walkable city in the United States, according to Walk Boston. The announcement comes on the heels of the programs the city executed to make the walkways safer to help reduce the risks of pedestrian accidents in Somerville.
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Joseph Curtatone, the Mayor of Somerville, has conducted a number of extensive projects to make the area safer for pedestrians over the last few years. These projects were used to make the city safer, to improve the health or residents and to help to boost the local economy.

Our Massachusetts pedestrian accident lawyers understand that pedestrian traffic is an important part of the state. Residents and visitors commute to areas across the state on a daily basis. Safe-walking initiatives should be an important part of all local government. The pedestrian population is an important part of our community and needs to be protected and embraced.

“The city has been working to improve walkability for eight years,” Somerville’s Director of Parks and OpenSpace Arn Franzen. “When the Mayor came in, it was one of his main agendas.”

The City of Somerville was name as the 10th-most walkable city in the United States by the Walkscore.com website. This site ranks city’s walkways based on how well residents and visitors are able to safely travel throughout the area without the use of a motor vehicle. The city was ranked in at 10th place out of all cities with a population of more than 10,000 and was ranked in 5th place for cities with a population of more than 70,000.

The rankings are determined by residents’ ability to walk throughout the area. The rankings are scored from 0 to 100. One-hundred meaning that there is no need for a vehicle and zero meaning that a traveler is required to be car-dependent.

Every single resident in Somerville got a score of at least 70, meaning that errands within the city could all be done on foot.

According to Nicole Rioles, the Regional Active Transit Director, the city’s new programs were used to effectively accommodate more walkers, including pedestrians with disabilities, to help to make sure that all pedestrians are safe. The new designs focused on road and intersection designs and their ability to protect pedestrians. The city created safer sidewalks that are now more visible to both pedestrians and motor vehicles.

City officials understand the impact of pedestrian-friendly roadways. According to Justin Hollander, the Assistant Professor of Urban and Environmental Policy and Planning, the “walkability” of a city directly correlates with the amount of air-pollution. The safer pedestrians feel, the more they’ll walk and less green house emissions we see.

Although our roadways are getting safer and more pedestrians are hitting the city’s sidewalk, residents are urged to be cautious and alert while walking through in the area. Aside from safe walkways, safe traveling habits may be your best defense against an accident.
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A recent pedestrian accident in Worcester took the life of a 60-year-old man. It happened on Lincoln Street around 10 a.m. when a 30-year-old driver who was heading northwest and allegedly struck the pedestrian as he crossed that street at an intersection.

The Worcester Police Department was called to the accident and when paramedics arrived, the man was pronounced dead at the scene. The exact cause of death has yet to be determined, and medical professionals are awaiting the results of the autopsy. The speed limit on that four-lane roadway is 30 miles per hour, according to My Fox Boston. Officials have not determined if the driver was speeding.
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Our Boston pedestrian accident lawyers understand that traffic will be picking up on our roadways throughout the remainder of the year. The holiday season brings out travelers from across the country. While motorists will be facing increased risks for an accident, pedestrians and bicyclists will be at heightened risks as well. All travelers are urged to be safe, cautious and considerate during travel throughout the remainder of the year.

An earlier pedestrian accident left an elderly pedestrian with severe head injuries. The accident happened just outside of an elderly living neighborhood in Wollaston.

According to Quincy Police Capt. John Dougan, the pedestrian was transported to a hospital in Boston with “severe head injuries” after the accident that happened at Cheriton Road and Hancock Street around 12:00 p.m. Officers are investigating the accident and a reconstruction team is looking into the accident, according to The Patriot Ledger.

A third pedestrian accident seriously injured a 55-year-old woman from Somerville. The accident happened when she was hit by a Department of Public Works dump truck shortly after 8:00 a.m. The incident took place in Union Square at the Webster Avenue and Washington Street intersection.

The woman was transported to Massachusetts General Hospital and was last listed in critical condition, according to Deputy Police Chief Paul Upton. The driver was also transported to a local hospital. Both the Somerville police and state police are looking into the accident.

According to Massachusetts’ Executive Office of Public Safety and Security, more than 20 percent of all Massachusetts motor-vehicle fatalities in 2008 involved pedestrians. There were roughly 365 traffic-related fatalities during that year. There were nearly 250 pedestrians injured during the same time.

With Christmas and New Year’s approaching, we can expect more visitors to the area and more vacation days away from work. During this time, the number of motor vehicle and pedestrian accidents is expected to skyrocket. Travelers are urged to be conscious of one another and navigate safely to help avoid any holiday traffic accidents. With a conscious effort to exercise safe travel habits, we can all do out part to keep our roadways safe throughout the remainder of 2011.
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There’s a new public service announcement (PSA) being used to help educate drivers about the risks, dangers and consequences of texting while driving. This campaign is aimed at teen drivers to help reduce the risks of distracted driving-related car accidents in Massachusetts and elsewhere, according to Consumer Reports.
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The National Highway Traffic Safety Administration (NHTSA) and the Ad Council have teamed up with safe driving advocates around the country to create three PSAs as part of their “Stop the Texts. Stop the Wrecks.” campaign. Distracted driving-related car accidents can come with serious and fatal consequences. In the first PSA, a teen driver is reaching for a phone as she pulls up to a stop sign. Unfortunately, since she’s reaching for her phone she fails to see the stop sign, blows through it and gets into an accident.

Our Boston car personal injury attorneys understand this scene is all too familiar. Teens are seemingly connected to their cell phones, whether they’re making calls, sending texts or surfing the web. Unfortunately, this is also true while they’re driving. Teen drivers make up the group of drivers that is most likely to be involved in a distracted driving car accident. The “Stop the Texts. Stop the Wrecks.” PSAs are looking to educate these young drivers and ultimately influence them to halt the dangerous driving behavior.

The last two PSAs start off relatively humorous, at the beginning at least. Texting pedestrians face some of the same dangers near our roadways as well. Both drivers and pedestrians need to be fully aware of their surroundings when traveling on our roadways. These last two videos end with texting drivers getting into some sticky situations, all because of texting at the wheel. The videos are used to illustrate situations that happen on our roadways every day because of distracted drivers.

All three of the PSAs end by asking viewers, “How will you stop texting and driving?” The end of the video also provides a link to Stoptextsstopwrecks.org to get more information.

When drivers take their eyes off the road, they’re distracted for at least five seconds. If you’re traveling at 55 mph, you could travel the length of a football field without even knowing it. Texting drivers are nearly 25 times more likely to get into a car accident.

Teen drivers are already four times more likely than any other age group to be involved in a motor vehicle crash. If you factor in texting, which increases the crash rate by up to 23 times, it’s a recipe for disaster.

Distracted driving is causing more and more accidents. In 2009, roughly 20 percent of all injury accidents reported distracted driving as a contributor.

According to the Governors Highway Safety Administration, all drivers in the state of Massachusetts are prohibited from texting while driving. Unfortunately, this law doesn’t always stop young drivers. For this reason, the “Stop the Texts. Stop the Wrecks.” aims to educate drivers about the dangers of this habit in an attempt to get them to willingly stop the dangerous activity.
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Our Boston car accident attorneys recently discussed the dangers that come along with Daylight Saving Time and with the sun setting sooner in the day. We would now like to discuss a recent episode of HEALTHY VISION with Dr. Val Jones. She recently spoke with optometrist Dr. Cristina Schnider and John Ulczycki of the National Safety Council to talk about the dangers we face on our roadways during evening driving.
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The reduction in visibility with nighttime driving brings about increased risks of a car accident in Boston mainly because of how our eyes work. When our pupils enlarge because of low-light situations, the focusing mechanism needs to work harder. When there’s not much to focus on, as is typically the situation at night, our eyes rapidly move around looking for something to focus on. This can cause drivers to overlook important details on the roadway.

Sometimes the eye will focus on the windshield for instance, ot the glare or bugs on the windshield. This is not a good thing. Schnider recommends that drivers continuously look left and right scanning the roadway to allow your eyes to focus in on the important factors.

This may sound odd, but Schnider also reminds drivers to remember to blink. Drivers tend to keep their eyes open for a longer period of time while driving during the night in an attempt to better focus on things. The lack of blinking can cause eyes to dry out. Air conditioning and open windows can also cause your eyes to dry out, which can negatively affect your vision. You’re also recommended to take frequent breaks when driving at night, and for long road trips if possible have another licensed driver with you to share the driving duties if needed. Drivers can strain and dry their eyes while driving for long periods of time in the evening hours.

Your risk for being in a car accident during the evening is three times higher than your risks of getting into an accident when it’s light out, according to Ulczycki. He says peripheral vision is greatly reduced when we drive at night because our eyes are so busy focusing on what’s directly in front of us. He notes that about 25 percent of travel happens during evening hours and nearly 50 percent of fatal accidents happen during the nighttime.

He says that drivers oftentimes have a misconception of risk at night. He says because drivers are unable to see risks as well during the night as they are during the day, they believe that the risks aren’t there. The truth is that the risks are still there and drivers need to adjust their driving to compensate for this reduction in visibility. Keep your eyes moving, keep looking around and keep it cautious to avoid a risk nighttime driving situation.
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Your child’s baby formula could contain a number of dangerous molds, federal health regulators are saying. According to MSNBC, says this dangerous food has also been given to schools around the country, potentially causing food poisoning in Massachusetts and elsewhere.
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Officials from the U.S. Food and Drug Administration (FDA) recently sent a warning letter to Snokist Growers of Yakima, Wash., claiming that the food providers were unable to make sure that their fruit puree and applesauce was reconditioned for consumption. This letter came after the Administration made the discovery of several moldy products.

Our Boston personal injury attorneys understand that earlier this year, there were several Snokist products recalled after school-aged children got sick because of eating the company’s applesauce. Now, the FDA is accusing Snokist of failing to properly address these problems. In the earlier recall, officials discovered that some of the company’s bagged fruit were not sealed and sterilized. Instead, the fruit bags were broken open and contained a number of dangerous molds.

“Your firm reprocesses moldy applesauce product … using a method that is not effective against all toxic metabolites,” state that latter from the FDA letter. “Several foodborne molds may be hazardous to human health.”

The most recent letter was sent to Snokist’s president, Jimmie L. Davis, late in October.

The letter also cited eight separate events in which the company had used the moldy food and distributed it to consumers in 2010. According to the initial inspections, officials discovered 13 times where the moldy food had been packaged for consumers from January of 2008 to May of 2011.

The company admitted to “reworking” some of the moldy food into other products for future use, but it only accounted for a fraction of the company’s products. They admit to heat-treating the reprocessed food to kill toxins. The FDA does not allow contaminated food to be combined with quality food just to meet safety standards.

A company spokesperson says that the head-treating process is beyond adequate to get the product to a commercially sterile state. The company is not also testing Patilin, which is a toxin that is commonly produced by the mold found in rotting fruit.

The FDA isn’t happy with the testing though, saying it’s not enough. The company has also been asked to prove that it’s testing for all dangerous microbes.

It is okay for companies to recondition food for consumption, but the products have to be tested and proven to be completely free of contamination, according the FDA.

Molds found in the Snokist products:

-Two kinds of Pennicillium.

-Fusarium.

-Alternaria
Repackaged food was in:

-15-ounce cans.

-300-gallon bags.

106-ounce-cans.

-4.2-ounce, single-serve cups.

When the inspection was conducted and the moldy food was discovered, the FDA provided the company with six steps to correct the problem. The company admitted to only implementing two.

More than 2 million cases of this fruit were sold in 2010. With the 50,000 tons of processed fruit, the company made more than $50 million.
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