Weis Markets files lawsuit against disinfectant spray maker after safety ban | Crime reports

Williamsport, Pa. — Weis Markets filed a lawsuit Friday in federal court against a disinfectant spray maker after the supermarket chain was forced to pull the product from shelves last month due to safety concerns.

The Weis Company, based in Sunbury, Pennsylvania, has more than 17,725 cases of spray in warehouses totaling more than $649,000, according to the complaint.

The sale of Tatanka brand disinfectant spray was banned by the Pennsylvania Department of Agriculture on December 15, 2021, due to a violation of the federal Insecticides, Fungicides, and Rodenticides Act and the Pennsylvania Pesticide Control.

Weis alleges in the breach of contract lawsuit that the Tatanka Company ignored safety rules by importing household cleaning products during the COVID-19 pandemic in an attempt to make a quick profit.

Tatanka Trading Co., manufacturer and distributor of the disinfectant spray, is named as a defendant in the lawsuit along with SF Group, which is the importer and distributor of the product. Both are based in Medford, NJ

As part of the lawsuit, Weis is asking the federal court to issue a preliminary injunction ordering the defendants to immediately take possession of the disinfectant sprays.

When the disinfectant spray was banned last month, Weis was ordered to stop all sales of the product and return or destroy their stock. In the complaint, Weis claims the supermarket chain cannot safely dispose of hazardous chemicals without exposing itself to potential liability.

Weis repeatedly asked the defendants to take possession of or responsibility for the disinfectant sprays, which resulted in a loss of $649,415 for the supermarket chain, according to the complaint.

In November 2020, Weis placed nine disinfectant spray orders totaling 24,192 cases at a cost of $897,710. However, demand for the product quickly changed, and in February 2021 Weis attempted to cancel the remainder of his order after SF Group had delivered four of the nine requested cases.

The SF group then threatened legal action. The two parties reached a settlement agreement in which Weis paid SF Group $847,048 and took possession of the disinfectant sprays as well as the paper towels included in the order, according to the complaint.

Evidence included in the lawsuit outlines Weis’s recall policy, which explains that suppliers are held liable if products are found to be unsafe. Weis claims that the defendants agreed to the terms of the recall policy when they filled out the purchase order.

The violations against SF Group and Tatanka described in the lawsuit include breach of implied warranty of merchantability and breach of contract – lack of consideration and non-conforming goods.

Besides the injunction, Weis is seeking $750,000 in damages.

Federal Judge Matthew E. Brann is presiding over the case. Weis is represented by the law firm of Manko, Gold, Katcher and Fox, LLC, of ​​Bala Cynwyd, Pennsylvania.

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