Family Dollar, Dollar Tree Distribution Center Rodent Infestation Class Action

What level of cleanliness may consumers expect when they shop at dollar stores? The complaint for this class action brings suit against Family Dollar, Inc. and its parent company, Dollar Tree, Inc., alleging that one of its warehouses suffered a rodent infestation and other unsanitary conditions yet continued to distribute goods to its stores for consumers to purchase.

The complaint proposes six classes for this action.

• The Arkansas Class is all persons living in Arkansas who, during the maximum period allowed by law, bought products from Family Dollar and Dollar Tree.
• The other classes are the Alabama, Tennessee, Louisiana, Mississippi, and Missouri Classes, which are the same, except for the state of residence of the members.

The Family Dollar website, as quoted in the complaint, claims that its stores aspire to be “[t]he best small-format value and convenience retailer, serving the needs of [its] shoppers in the neighborhoods [it] serves.” Among the things the stores sell are over-the-counter medicines, medical devices, supplements, cosmetics, and food for humans and pets.

However, on or around February 18, 2022, the company temporarily closed 404 stores, after a Food and Drug Administration (FDA) inspection had found unsanitary conditions in Family Dollar Distribution Center 202, which served the 404 stores in Arkansas, Alabama, Tennessee, Louisiana, Mississippi, and Missouri.

On the same day, the complaint alleges, the company announced it would voluntarily recall certain FDA-regulated products.

The FDA inspected the distribution center approximately fifteen times, with five inspectors, between January 11 and February 11, 2022, the complaint alleges, and it finalized its on February 11.

The complaint quotes a New York Times article: “A recent Food and Drug Administration inspection of the facility, in West Memphis, Ark., found live and dead rodents ‘in various states of decay,’ rodent droppings, evidence of gnawing and nesting, and products stored in conditions that did not protect against these unsanitary conditions, the agency said in a statement on Friday.”

The complaint also quotes the article as saying, “A fumigation of the facility last month revealed more than 1,100 dead rodents, and a review of company records indicated the collection of more than 2,300 rodents from late March to September, ‘demonstrating a history of infestation,’ the agency said.”

According to the complaint, “rodent urine (and odor), nesting materials, rodent carcasses, and excreta was found on or near pallets or food at the Distribution Facility.”

The complaint alleges that the companies knew about the rodent infestation at least as early as March 29, 2021 but did not tell customers. According to the complaint, “They knew or should have known of the Rodent Infestation from far earlier due to their obligation to inspect their facilities, including the distribution facilities and/or centers, for safety and health-related issues.”

Rodents pose a number of dangers, the complaint alleges, including the possible presence of Salmonella, which can lead to infections that are serious and sometimes fatal in babies, children, the elderly, and others with weakened immune systems and other conditions.

Article Type: Lawsuit
Topic: Consumer
Tags: Breach of Implied Warranty, Fraudulent Concealment, Negligence