Products Liability Lawyer in Miami, Jonathan Perazzo informs that if you ate GreenWise organic frozen blueberries or mixed berries from Publix and got sick, do three things now: see a doctor and ask for a stool culture, keep the packaging and your purchase record, and report the illness to the Florida Department of Health. Publix recalled every lot of both products on July 29, 2026, after an E. coli O145:H28 outbreak investigation pointed to the berries. Lab confirmation and proof of purchase are what turn a suspected food-poisoning case into a provable one.
What Publix Recalled, and How This Outbreak Was Found
According to the FDA’s outbreak advisory and CDC’s investigation notice, this outbreak was uncovered by Florida’s own public health system. On July 1, 2026, the Florida Department of Health notified the CDC about a cluster of E. coli O145 illnesses. Patient interviews pointed toward frozen GreenWise organic blueberries sold at Publix, and Publix conducted an internal stop-sale.
On July 3, 2026, Frutas y Hortalizas del Sur S.A. of San Carlos, Chile recalled a single lot of the 10-ounce frozen GreenWise organic blueberries (lot code 60401, Best By February 9, 2028). On July 29, 2026, Publix expanded the recall to all lots of two products:
| Product | Sizes recalled | Scope |
|---|---|---|
| GreenWise Organic Frozen Whole Blueberries | 10 oz and 48 oz | All lots |
| GreenWise Organic Frozen Whole Mixed Berries | 10 oz and 48 oz | All lots |
The product was distributed to Publix stores in eight states: Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee and Virginia. As of July 30, 2026, the FDA reported 12 illnesses and 4 hospitalizations, with no deaths. The confirmed illnesses are in Florida and Georgia. Illness onset dates ranged from May 11, 2026 through June 5, 2026.
Of nine people interviewed, seven reported eating frozen blueberries, and five specifically named GreenWise organic frozen blueberries purchased at Publix. The FDA also conducted a remote regulatory assessment of the Chilean supplier and added its products to Import Alert 99-35, which allows products from that firm to be detained at the border without physical examination.
Two points belong in any fair account of this. First, the investigation is open and ongoing, and no determination of legal responsibility has been made against Publix or any supplier. Second, Publix stopped selling the product on its own in early July, before the expanded recall.
Symptoms and When to Call a Doctor
A personal injury lawyer in Miami at the Perazzo Law Firm understand that symptoms of Shiga toxin-producing E. coli typically begin three to four days after exposure, and the FDA notes the range can run from a few days up to nine. Seek medical care for severe symptoms, including bloody diarrhea, a high fever, diarrhea that will not stop, vomiting that prevents you from keeping liquids down, or signs of dehydration.
Severe cases of this type of infection can progress to hemolytic uremic syndrome (HUS), a form of kidney failure. Do not wait it out if symptoms are severe. Do not eat the recalled product: throw it away or return it to the store, and clean any surfaces and containers it touched.
Preserve This Evidence Right Now
The hard part of a food-poisoning case is usually not the law. It is proving which food caused the illness, and the proof disappears within days. Here is what to do today.
- Photograph the package before it goes anywhere. Capture the UPC, the lot code, the Best By date, and the front of the bag. Safety comes first: if anyone in your household might still eat it, get it out of the freezer. But document it before it goes in the trash, and ask the Florida Department of Health or an attorney before discarding, because investigators sometimes want the product itself.
- Get medical care and ask for a stool culture. Laboratory confirmation of the outbreak strain is what medically ties your illness to a specific product. Without it, causation is difficult to establish no matter how certain you are about what made you sick.
- Pull your purchase record. Your Publix loyalty account history, bank and credit card statements, and digital receipts can all establish that you bought the recalled product, and when.
- Report the illness to the Florida Department of Health. Public health investigators build the case file that private claims frequently rely on later, and reporting helps stop the outbreak from spreading.
- Write down what you ate and when — meals, dates, who else ate it, and when symptoms started — while your memory is fresh.
- Keep records of your losses: medical bills, missed work, and out-of-pocket costs.
What a Florida Claim Against a Grocery Chain Actually Requires
You generally do not have to prove carelessness
Under Florida’s strict product liability principles, a consumer generally does not have to prove the seller was careless. The claim turns on whether the product was defective and unreasonably dangerous when it left the defendant’s control, and whether it caused the injury. Contaminated food is the textbook example of this kind of claim.
Retailers sit in the chain of distribution
A grocery chain that sells a contaminated product can generally be named alongside the grower, processor and importer, because all of them sit in the chain of distribution. That matters here for a practical reason: when the supplier is a foreign company, collecting on a judgment against it can be difficult. Retailer liability is a recurring issue in Florida injury claims involving stores and other property owners, and it often determines whether a claim can realistically be pursued at all.
Implied warranty and negligence
Florida also recognizes a breach of the implied warranty of merchantability under Fla. Stat. § 672.314 — food sold for consumption must be fit for ordinary consumption. Ordinary negligence remains available as an alternative theory. Most food contamination claims plead more than one of these.
Comparative fault and the deadline
Under Fla. Stat. § 768.81, as amended in 2023, Florida applies modified comparative negligence: a claimant found more than 50% at fault recovers nothing. And under Fla. Stat. § 95.11(5)(a), negligence claims generally carry a two-year filing deadline. Missing that deadline ends a claim regardless of its merit, and the evidence a food case depends on degrades long before the legal deadline arrives.
Frequently Asked Questions
How do I know if my illness came from the berries?
You usually cannot know from symptoms alone, because many foodborne pathogens look alike. A stool culture that identifies the outbreak strain provides the medical confirmation. Combined with a purchase record and a timeline showing symptom onset within the typical incubation window, that lab result is the evidence a claim rests on.
Do I have to prove Publix did something wrong?
Under a strict product liability theory, generally no — the focus is on whether the product itself was defective and unreasonably dangerous, not on whether the seller was careless. A negligence theory does require proof of a failure of reasonable care. Which theories fit a given case depends on the facts, and this outbreak remains under investigation.
What if I already threw the package away?
You are not automatically out of options. Your Publix loyalty account history, bank and card statements, and digital receipts can establish the purchase. A lab-confirmed stool culture, medical records, and the timing of your illness relative to the published outbreak window can carry weight even without the packaging.
How long do I have to file a claim in Florida?
Fla. Stat. § 95.11(5)(a) generally provides a two-year deadline for negligence claims. Other theories and other defendants can carry different timelines, and the specific facts change the analysis. The practical deadline for gathering proof is much shorter than the legal one.
What if my child got sick?
Severe infections from this type of E. coli can progress to HUS, so seek medical care promptly and ask about testing. A parent or legal guardian brings a claim on a minor’s behalf, and Florida applies different procedural rules to minors’ claims, which is worth discussing with an attorney early rather than late.
Talk to Someone About Your Situation
If you or a family member became ill after eating a recalled GreenWise product, the evidence questions above are time-sensitive. A Florida premises liability attorney at The Perazzo Law Firm can review what happened, explain which claims may apply, and help you preserve the proof that still exists. Call 888-PERAZZO or request a free case evaluation. The consultation is free, and there is no attorney’s fee unless we obtain a recovery in your case; a client may still be responsible for costs and expenses. Past results do not guarantee a similar outcome.
Attorney Advertising. This page is general information about Florida law, not legal advice, and reading it or contacting the firm does not create an attorney-client relationship. Every case is different and depends on its own facts. No outcome is guaranteed or predicted here, and past results do not guarantee a similar outcome. Statements about the FDA and CDC investigation reflect publicly reported information as of August 1, 2026; that investigation is ongoing and no determination of legal responsibility has been made. The Perazzo Law Firm, North Miami Beach, Florida.