The Erie County Department of Health (ECDOH) is investigating reports of illness that may be associated with Mighty Taco restaurants in the area. The press release states that 104 people have been sickened with nausea and vomiting after eating refried beans from one of 11 Mighty Taco locations in Eric County.

Refried beans

Illness onset dates are from September 27, 2016 to October 6, 2016. The outbreak is being investigated by the New York State Department of Health, Niagara County Department of Health, the ECDOH, and the New York State Department of Agriculture and Markets. The press release did not identify the ages of the patients, whether or not anyone has been hospitalized, or if any of the patients are still sick or have recovered.

This is an unusual announcement because no pathogen has been identified, but officials have identified a possible food source. Samples are being sent to the New York State Department of Health’s Wadsworth Center for testing in Albany, New York. Results of these tests are not expected before the end of next week at the earliest.

Dr. Gale Burnstein, Erie County Commissioner of Health said in a statement in the press release, “the investigation and analysis into an incident of a possible foodborne illness can be very complicated and may take weeks. We need to interview each individual extensively to identify a possible source.”

Public health officials are evaluating the illnesses, interviewing patients, asking them to complete a questionnaire about what they ate and where they ate it the week before they got sick, and inspecting the restaurants. Food will be taken from the restaurants and analyzed. Traceback investigations will look at the supply chain of the food that may have sickened people to see if there was a problem in processing or shipping.


If you ate at a Mighty Taco restaurant in Erie County or Niagara County, New York in September or early October and have been experiencing the symptoms of foodborne illness, please see your doctor. Your doctor may report the illness to public health officials, or you can call the ECDOH Office of Epidemiology and Disease Control at 716-858-7697.

Then contact one of our experienced food poisoning lawyers to help protect your legal rights. Restaurants are required by law to sell food that is wholesome and will not make people sick.