Consumers' Foundation to file class action in fatal food poisoning case

Taipei, June 17 (CNA) The Consumers' Foundation announced Monday that it has officially started the process of collecting documents from victims of the Polam Kopitiam food poisoning outbreak to file a class action.

The food poisoning case occurred in March, when at least 30 people reported falling ill after dining at the Xinyi branch of the Malaysian restaurant chain Polam Kopitiam in Taipei. A total of six people died in connection with the case.

It was discovered that a rare toxin called Bongkrekic acid caused the poisoning. It was also the first case of Bongkrekic acid poisoning in Taiwan, though the origin of the acid has still not been determined.

At a news conference, Consumers' Foundation Chairperson Wu Jung-ta (吳榮達) said that currently 30 people have expressed a willingness for the foundation to file a suit on their behalf, including the families of the six individuals who died and another 24 who suffered related illnesses.

Su Chin-hsia (蘇錦霞), honorary chairperson of the foundation as well as convener of the legal team for the class action, called for more victims to come forward and stand up for their rights.

Participating in the class action is free of charge, Wu added.

Su told CNA that the defendants in the case will include the restaurant chain as well as the chef, Far Eastern Department Stores Co. Ltd, which hosts the restaurant branch and FoodRepublic, the company that runs the food court at the department store.

The legal team has had three meetings and also met with victims and family members on Thursday to prepare for the case, Su said.

She hopes that the class action will be filed in about three months, after victims have provided their information and evidence, including restaurant receipts, medical expense invoices, estimates of losses due to absence from work, transportation fees and nursing fee invoices. Future medical check-ups and complications will also be part of the compensations.

The legal team will strive for high immaterial damage compensation, she added.

Su estimated that compensation demands could top NT$100 million (US$3.09 million).

In addition to compensation, Su said that consumers could also claim for punitive damages under the Consumer Protection Act if their damages resulted from misconduct or negligence.

This will be the first food safety class action involving fatalities the foundation has handled, Su said.

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