Yes, if there is evidence to support your food poisoning claim, you can sue Kroger for compensation.  Claims can be for personal injury or wrongful death for illness from Campylobacter, E. coli, Listeria, Salmonella, Shigella, or another foodborne pathogen.

Kroger Recalls

Kroger Brand Caramel Apples

Happy Apple Company has issued a recall of Kroger Caramel apples produced by Happy Apple with a best use by date between September 15th and November 18th 2014. These caramel apples may be contaminated with Listeria monocytogenes and have been associated with an outbreak of Listeria infections (listeriosis) that has sickened at least 32 people in 11 states.

Kroger brand caramel apples produced by Happy Apple Company are sold in single packs and three packs, all with a best-use-by date on the front of the label. They were distributed to the following states: Arizona, Alaska, Kansas, Idaho, Louisiana, Montana, Missouri, Nebraska, Nevada, Oregon, Texas, Utah, Washington, and Wyoming.

Kroger Brand Ground Beef

On September 27, 2011, Tyson Fresh Meats, Inc. recalled 131,300 pounds of ground beef due to possible contamination with E. coli O157:H7. Some of the recalled ground beef was received and reprocessed by Kroger. The recalled Kroger-store-brand ground beef includes: “GROUND BEEF 73% LEAN – 27% FAT.” Kroger received bulk ground beef from Tyson packed in 40-pound cases containing eight chubs. These products were produced on Aug. 23, 2011 by Tyson and were shipped to distribution centers in Indiana and Tennessee for retail sale.

The recall was prompted by an outbreak of E. coli O157:H7 in Butler County, Ohio. Illness onset dates range from Sept. 8, through Sept. 11, 2011. The on-going investigation involved collecting leftover ground beef from the patients’ home on Sept. 19, which tested positive for the pathogenic bacteria by the Ohio Department of Agriculture’s laboratory on Sept. 27, 2011.