Visitor Question

Found metal in frozen pancakes…

Submitted By: T (North Carolina)

I purchased a bag of frozen pancakes from the supermarket yesterday. I had eaten two and then got two out for my daughter. I then found what appeared to be a piece of metal sticking out the side of the frozen pancake. It was approximately 1.5 inches long. We haven’t taken the product back to store or called them yet.

I’m wondering what I should do? This is obviously a danger but we weren’t hurt. Should I file a complaint with the FDA or something?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear T,

Take the pancake box along with the pancake with the metal protruding from it back to the store where you purchased it. It’s highly likely they will refund your money. You can also contact the manufacturer directly by writing to them and enclosing several photographs of the pancake box along with the pancake with the metal protruding from it.

You may receive an apology, or a gift certificate, but not much more.

At best your notification to the store and the manufacturer may cause them to investigate the reason the metal found its way into the pancake and correct the cause so no other person is injured.

Thankfully no one was injured. If someone had been you would have the basis of a personal injury lawsuit. If someone had been injured by the metal pancake they would be entitled to reimbursement for medical bills, out of pocket expenses for medications, lost wages, and an amount for pain and suffering.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 24, 2013

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