WAYNE – A woman is suing Mars Chocolate North America LLC after she claims there was an object in her peanut M&M’s that caused her to break a tooth.
Foodfair Inc. was also named as a defendant in the suit.
On June 15, Sue Osborne bit into a peanut M&M and it contained an object not fit for human consumption, which resulted in her breaking a tooth, according to a complaint filed in Wayne Circuit Court.
Osborne claims she had purchased the bag of peanut M&M’s on June 13 at Foodfair in Lavalette.
As a result of the broken tooth, Osborne had to undergo an extraction, the capping of two surrounding teeth so as to support a bridge and the installation of both a temporary and permanent bridge, according to the suit.
Osborne claims Mars manufactured, designed and distributed the peanut M&M’s into the market place and owed a duty to manufacture and distribute the peanut M&M’s free from defects and reasonably safe for the intended use.
Foodfair owed a duty to Osborne to sell the peanut M&M’s free from defects and reasonable safe for the intended use, according to the suit.
Osborne claims the defendants negligently, willfully, wantonly, recklessly and maliciously breached each respective duty by putting into market and selling to her a peanut M&M that was not reasonably safe for its intended use.
As a direct and proximate result of the defendants’ breach, Osborne incurred dental bills; pain and suffering; annoyance and inconvenience; permanent disfigurement; and loss of enjoyment of life, according to the suit.
Osborne is seeking compensatory and punitive damages. She is being represented by Jason Goad of McClure Goad PLLC.
The case is assigned to Circuit Judge James H. Young Jr.
Wayne Circuit Court case number: 15-C-200
