As horrible as it sounds, the Food and Drug Administration (FDA) allows a certain number of insect fragments in chocolate and rodent hairs in peanut butter. Those are the contaminants they expect. Glass shards, metal screws, and plastic fragments are different. They are not supposed to be in your food at all.
If a foreign object in food injured or sickened you in Mississippi, the law gives you the right to hold the manufacturer, restaurant, or seller responsible. But winning that claim depends almost entirely on what you can prove, what evidence you still have, and what steps you may be able to take to hold the food manufacturer liable under Mississippi’s product liability laws.
Can You Sue Over a Foreign Object in Your Food in Mississippi?
The short answer: Yes. Mississippi law allows injured consumers to file a product liability claim, a negligence claim, or both when a foreign object in food causes injury.
Under the Mississippi Products Liability Act (Miss. Code Ann. § 11-1-63), the person filing the claim must show, by a preponderance of the evidence, that the product was defective when it left the control of the manufacturer or seller. That means that it is more likely than not that the claim is true.
For a foreign object in food, this typically falls under a manufacturing defect. The food deviated from what it was supposed to be.
A negligence claim works differently. It requires showing that the restaurant or food handler failed to use reasonable care and that failure directly caused the injury. Both paths lead to compensation, but each has its own evidence demands.
Why Does Chain of Custody Matter So Much in a Food Contamination Case?
Chain of custody is the single most important concept in a Mississippi lawsuit over a foreign object in food. It refers to the documented trail showing where the object was, who handled it, and how it was stored from the moment of discovery through trial.
The defense will almost always argue that the foreign object was not in the food when it left the kitchen, the factory, or the packaging line. If there is a gap in the chain of custody, that argument gains strength. Courts and juries want to see a clear, unbroken record proving the object was inside the food before the consumer found it.
This is where most food contamination claims fall apart. A person finds glass in their meal, hands it to a manager, and leaves without a receipt or a photo. The restaurant discards the plate, and the physical evidence is gone. Without that evidence, there can be no case.
What Should You Do Immediately After Finding a Foreign Object in Food?
The first few minutes after discovery are critical. What you do right now determines whether your claim survives later.
These steps protect the physical evidence that any attorney or court will need to evaluate your claim:
- Photograph the object inside the food before moving it, including a close-up and a wider shot showing the plate or packaging
- Do not return the food to the restaurant or throw it away
- Place the food and the object in a sealed container or bag, and freeze it at home
- Keep the receipt, packaging, or any label that identifies the product, restaurant, or manufacturer
- Write down what happened while it is still fresh, including the time, date, location, and what you ate
Freezing the food preserves it for testing. A lab can later confirm what the object is made of and whether it matches materials used in the kitchen, factory, or packaging process.
What Evidence Do You Need to Prove a Foreign Object Was in Your Food?
Mississippi law requires the injured person to prove several things. Each one needs its own supporting evidence.
The object itself
The foreign object is the most important piece of physical evidence. Glass, metal, bone, plastic, wood, or any material that does not belong in food needs to be preserved. Without it, proving the defect becomes much harder.
Proof the defect existed before you received the food
Under the Mississippi Products Liability Act (MPLA), the claimant must show the product was defective when it left the defendant’s control. Photographs taken at the moment of discovery, witness statements from other diners, and surveillance footage from the restaurant all help establish this.
Medical records connecting the object to the injury
Hospital or dental records must show that the foreign object caused the specific injury. Broken teeth, cuts to the mouth or throat, choking injuries, or gastrointestinal damage should be documented by a medical professional as soon as possible after the incident.
Proof of where the food came from
Receipts, credit card statements, delivery app records, or food packaging with lot numbers all tie the food back to a specific seller or manufacturer. This is how liability is traced through the supply chain.
What Types of Foreign Objects Lead to Lawsuits in Mississippi?
Not every unwanted item in food supports a legal claim. Mississippi courts and the FDA treat foreign objects differently depending on what they are and how dangerous they are.
The FDA’s Compliance Policy Guide (CPG Sec. 555.425) considers food adulterated when it contains a hard or sharp foreign object between 7 mm and 25 mm in length. Objects in that range pose a real risk of choking, broken teeth, or internal injury.
Common foreign objects that lead to food contamination claims include:
- Glass shards from broken containers or light fixtures
- Metal fragments from machinery, screws, or staples
- Plastic pieces from packaging, gloves, or equipment
- Bone fragments in boneless food products
- Bandages, hair, insects, or rodent remains
If the object caused an injury and should not have been present, it may form the basis of a claim under Mississippi law, regardless of its size.
How Does the Mississippi Products Liability Act Apply to Food Contamination?
The MPLA is the primary statute governing defective product claims in the state. Food is a product under this law. A foreign object in food is treated as a manufacturing defect because the food deviated from what a consumer reasonably expected.
To bring a claim under the MPLA, the injured person must prove three things by a preponderance of the evidence:
- The food contained a defect (the foreign object)
- The defect existed when the food left the control of the manufacturer or seller
- The defect caused actual harm
That second element is where the chain of custody becomes critical. The manufacturer or restaurant will argue that the object entered the food after it left their hands. Strong photographic evidence, preserved physical evidence, and witness testimony close that gap.
How Long Do You Have to File a Foreign Object Claim in Mississippi?
Mississippi applies a three-year statute of limitations to product liability and personal injury claims. The clock generally starts on the date of the injury.
Three years may sound like a long time, but evidence disappears quickly. Restaurants delete surveillance footage. Witnesses forget details. Packaging gets recycled. The sooner an injured person takes action, the more evidence is available to support the claim.
Mississippi also has a statute of repose that may limit claims brought long after a product was first sold. A Mississippi product liability lawyer near you can explain how these deadlines apply to a specific situation.
How Should You Preserve Food Evidence for a Potential Lawsuit?
Preserving food evidence is one of the most overlooked steps in building a strong claim. Physical evidence that is mishandled, discarded, or returned to the restaurant may be lost for good.
The best approach is simple: do not let anyone else take possession of the evidence. Photograph everything. Seal the food and objects in a bag or container. Store it in a freezer.to stop decomposition. Doing this keeps the evidence intact for laboratory analysis.
If you purchased the food at a grocery store, keep the original packaging with the UPC code, lot number, and expiration date. These details connect the product to a specific production run, which can be traced back to the manufacturer.
Document the freezer storage. Note the date you sealed and froze the item. This simple record supports the chain of custody if the evidence is ever questioned.
Who Can Be Held Liable for a Foreign Object in Food in Mississippi?
Multiple parties along the food supply chain may share responsibility. Mississippi law allows claims against any party whose negligence or defective product caused the injury.
Manufacturers and food processors
If the foreign object entered the food during production, the manufacturer bears primary responsibility under the MPLA. This includes national brands, regional food processors, and private-label manufacturers.
Restaurants and food service businesses
A restaurant that serves food containing glass, metal, or other foreign objects may be liable under both product liability and negligence theories. The restaurant had a duty to inspect the food and prepare it safely.
Grocery stores and retailers
Sellers of packaged food products can also be held liable if the product was defective at the time of sale. Under the MPLA, the manufacturer typically indemnifies the seller unless the seller had actual knowledge of the defect or altered the product.
FAQs About Foreign Object in Food Lawsuits in Mississippi
Does the FDA allow some foreign material in food?
Yes. The FDA’s Food Defect Levels Handbook sets allowable limits for natural or unavoidable defects like insect fragments and rodent hairs. These apply to commercially processed food. Hard or sharp foreign objects like glass or metal are not included in these allowances and are treated as adulterants that make food unsafe.
Can I file a claim if I did not swallow the foreign object?
You may still have a valid claim. Biting down on glass or metal can crack teeth, cut gum tissue, or cause jaw injuries. Emotional distress from the experience may also be compensable in Mississippi, depending on the circumstances. The key is documenting the injury, even if it seems minor at first.
What if the restaurant denies that the object was in the food?
Denial is common and expected. That is exactly why preserving evidence matters. Timestamped photographs, the frozen food sample, a receipt, and witness statements all counter the restaurant’s version of events. Without this evidence, the case becomes your word against theirs.
Do I need to report a foreign object in food to the health department?
Reporting to the Mississippi State Department of Health or the FDA is not required to file a lawsuit, but it creates an official record that supports your claim. It may also trigger an inspection that reveals broader food safety violations, which can strengthen your case.
What damages can I recover in a Mississippi food contamination lawsuit?
Recoverable damages may include medical and dental bills, lost wages from missed work, pain and suffering, and emotional distress. If the defendant’s conduct was especially reckless, punitive damages may also be available under Mississippi law. Every case is different, and the amount depends on the severity of the injury and the strength of the evidence.
One Call, That’s All. Take the First Step Today.
A foreign object in your food is not just an unpleasant surprise. It is a serious safety failure, and Mississippi law recognizes that. But the strength of your case depends on what you do right now. The evidence you preserve today is the foundation of every legal option available to you tomorrow.
Richard Schwartz & Associates Injury Lawyers, P.A. has spent more than 44 years fighting for injured Mississippians across every corner of the state. If you or someone in your family has been hurt by a foreign object in food, reach out to us online or call for a free, no-obligation consultation. There are no upfront costs, and you pay nothing unless we win your case.