Popular brand of milk ordered to pay eye-watering amount after their product landed a customer in the ICU for nearly five months
- Inside Out Nutritious Goods milks were mislabelled
- The label called for the milk to be refrigerated after opened
- A customer contracted botulism from the mistake
- READ MORE: Popular snack sold at Coles and Woolworths is urgently recalled
Popular alternative milk company Inside Out Nutritious Goods has been ordered to pay almost $200,000 after a customer spent 147 days in intensive care.
The NSW Supreme Court issued the hefty fine after finding the company had failed to correctly label the refrigeration instructions for its almond milks.
Karyn McGrigor had bought 10 bottles of the brand's Unsweetened Almond Milk from Woolworths and carefully read storage instructions which advised, 'Once opened, keep refrigerated and consume within five days'.
However, the milks were required to be kept refrigerated at a temperature below five degrees at all times.
Ms McGrigor had followed the printed instruction and stored the milks in her cupboard until they were opened but her partner, Mr Mace, became incredibly ill after consuming it.
Mr Mace was hospitalised for 188 days from January 2023 to July 2023 and spent 147 days in the Intensive Care Unit.
He was formally diagnosed with botulism after the milk was tested. Australia has only recorded three cases of botulism in adults between 1992 and 2019.
Botulism is caused by a nerve toxin produced by Clostridium botulinum bacteria and can cause paralysis, respiratory failure and, in serious cases, death.
Almond milk from Inside Out Nutritious Goods gave a customer botulism, requiring him to spend 147 days in the ICU
Inside Out Nutritious Goods had labelled its milks (pictured), 'Once opened, keep refrigerated and consume within five days'
Tens of thousands of bottles of almond milk and oat milk were sold with the incorrect refrigeration instructions, leading NSW Health to issue a statewide recall of the Inside Out Nutritious Goods products in February 2023.
'NSW Health is advising people not to consume Inside Out Unsweetened Almond Milk following a statewide recall of the product, which has been linked to a case of botulism,' it said.
'NSW Health advises the recalled product is not safe to consume and is asking people to check the products in their fridge and cupboard.
'If you have purchased this recalled product, you should throw it in the bin or return it to the place of purchase for a full refund.'
NSW Supreme Court Judge Anthony Payne on Wednesday conceded the mislabelling was an 'honest mistake' but had the potential to cause 'significant harm', News.com.au reported.
'The incorrect content of the label was originally prepared for use on another, shelf-stable Ultra High Temperature product offering, and was then inadvertently copied across to the new product packaging,' he said.
'The error was not detected at the proofreading stage by any officer of Inside Out.
'The packaging was put into production, the products were manufactured, and sent to the various Woolworths supermarkets for sale.'
The alternative milk company was ordered to pay nearly $200,000 in fines and legal fees by the NSW Supreme Court
Judge Payne ordered the company to pay $120,000 in fines and cover NSW Food Authority's $75,000 legal costs.
He determined it was 'important' to establish a deterrent.
'The penalty imposed must be of a sufficient size to deter other food manufacturing and distribution companies from similar offending,' he said.
'Protection of the public demands no less.'
