Legal Question in Consumer Law in Georgia
I ate a half a piece of Godiva chocolate this evening and when I looked at the other half it had white worms with black heads crawling everywhere in that one piece. I Lost count at 14 but I took pictures of it all and outrush in a bag until I can have them correctly Identified. I checked all the other candies in the box, no worms. I checked and opened every other thing they could be in in my cabinet, so just be safe that was about everything. And to my relief absolutely no worms. So I'm pretty sure these worms came from that one piece of candy. Plus later that evening I woke up with diahreah probably because I swallowed quite a few in that other half piece.. Please help me. This should not happen to people.
2 Answers from Attorneys
You are not clear in what kind of "help" you are asking about. We can't possibly know when and how the worms got in the food, as you chose to tell us nothing about the packaging (whether it was sealed), age, where the candy was stored, how long you had it, where you got it, etc. We can't ID them, or help your symptoms from a website. The reality is that even the cleanest kitchen and house will have some kind of organism or larvae. If the candy was unsealed even a few days, something could get in. You say this should not happen to people, but it does. Every day. It is not pleasant, but it happens. We would all be unpleasantly surprised to know what we are eating. You are right to be concerned and make sure the worms (or larvae) are harmless, and if you feel bad go to the doctor, but likely you will have zero problems.
If larvae, they could have gotten in just days before from something as common as a moth. Wherever it was stored in the couple weeks before you ate it is likely the source. Your physical symptoms, though very real, could just as easily have been caused by the normal stress of seeing what you ate.
If you are really trying to ask lawyers is whether this is a golden lottery ticket to a pile of money, without coming out and saying it directly, the answer is no. The problem probably was not with the manufacturer anyway. If you contact store from which you purchased them, they will no doubt replace them and may even give you a gift card (and check some of their stock for other problems). If you send contact customer service for Godiva, you probably will get the same. That is all you should expect.
You have not won the lottery and pretty clearly do not have a legal case.
In all likelihood, the worms arrived after the sale to you as most houses contain some insects and larvae. Even if it happened before that and you could prove that, absent serious significant medical harm, and you had none, there would be no legal case.
What most people would know to do is simple. You'd carry the box to the store, politely ask for the manager and they'll give you a refund or replace the box, and, if you don't get as excited as you are in your post, they may add a small gift card. If you also call Godiva's 800 number they also will probably send you some candy or a gift card. That's all that you should expect.
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