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Fizzing sherbet triggers lawsuit
Pop Rocks in a Baskin- Robbins treat sent a 5-year-old to the hospital, her furious parents say
By Claire Booth
TIMES STAFF WRITER
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It's a flavor combination only a kid could love -- grape and sour-apple sherbet, with popping candies sprinkled throughout.
But a kiddie-size scoop of the stuff landed an Alamo girl in the hospital in May after that candy popped in her tummy, not on her tongue.
Now, Chris Janze is suing Baskin-Robbins on behalf of her 5-year-old daughter, who had to be hospitalized to relieve the internal pressure her lawyer says was caused by Pop Rocks candy.
Janze took her daughter, Fifi, and several other children for after-school ice cream May 1. When they got to the Alamo Baskin-Robbins, Fifi wanted a "Shrek Swirl," one of several promotional treats inspired by the popular summer movie.
She swallowed every bit because, well, she's 5, pointed out the family's attorney, Barry Balamuth of Orinda.
"She didn't chew it thoroughly," he said. "A child doesn't know about Pop Rocks."
Pop Rocks, small candy chips processed with carbon dioxide, start to fizz when placed on the tongue. Balamuth said they are the brand used in "Shrek Swirl."
Fifi's Pop Rocks started to fizz as her mother put her down for a nap after they returned home from the ice cream parlor, Balamuth said.
"She woke up from her nap screaming in pain," Balamuth said.
Chris Janze rushed Fifi to John Muir Regional Medical Center with a "horribly swollen stomach," Balamuth said. Her pediatrician said unequivocally that the problem was caused by the candy. Doctors had to insert a tube into her stomach to remove the air.
Fifi, who had no previous history of stomach problems, remained in the hospital for two-and-a-half days, he said.
The Janzes asked Baskin-Robbins to pull the "Shrek Swirl" from the market.
"They refused. That's why we filed this suit," Balamuth said. "Money, as far as they're concerned, is beside the point. They are absolutely livid about this ice cream and what it did to their daughter."
The lawsuit, filed in Contra Costa Superior Court, seeks medical expenses and unspecified damages.
Massachusetts-based Baskin-Robbins does not comment on litigation, said spokeswoman Debra Newton.
The swirl is part of Baskin-Robbins' heavily promoted tie-in with the animated movie "Shrek."
Packets of Pop Rocks, popular decades ago, have made a comeback in recent years. Urban legends that eating Pop Rocks with soda will cause a person to explode are discussed on a Pop Rocks Web site. The candy is produced in Spain for Chupa Chups, an Atlanta company. The Pop Rocks trademark is held by Kraft Foods.
"Ingesting them could induce nothing worse in the human body than a hearty, non-life-threatening belch," the Web site explains.
Blamuth said he may add the Pop Rocks candy company to the lawsuit.
Claire Booth covers courts. Reach her at 925-228-6177 or cbooth@cctimes.com.
Fizzing sherbet triggers lawsuit
Pop Rocks in a Baskin- Robbins treat sent a 5-year-old to the hospital, her furious parents say
By Claire Booth
TIMES STAFF WRITER
--------------------------------------------------------------------------------
It's a flavor combination only a kid could love -- grape and sour-apple sherbet, with popping candies sprinkled throughout.
But a kiddie-size scoop of the stuff landed an Alamo girl in the hospital in May after that candy popped in her tummy, not on her tongue.
Now, Chris Janze is suing Baskin-Robbins on behalf of her 5-year-old daughter, who had to be hospitalized to relieve the internal pressure her lawyer says was caused by Pop Rocks candy.
Janze took her daughter, Fifi, and several other children for after-school ice cream May 1. When they got to the Alamo Baskin-Robbins, Fifi wanted a "Shrek Swirl," one of several promotional treats inspired by the popular summer movie.
She swallowed every bit because, well, she's 5, pointed out the family's attorney, Barry Balamuth of Orinda.
"She didn't chew it thoroughly," he said. "A child doesn't know about Pop Rocks."
Pop Rocks, small candy chips processed with carbon dioxide, start to fizz when placed on the tongue. Balamuth said they are the brand used in "Shrek Swirl."
Fifi's Pop Rocks started to fizz as her mother put her down for a nap after they returned home from the ice cream parlor, Balamuth said.
"She woke up from her nap screaming in pain," Balamuth said.
Chris Janze rushed Fifi to John Muir Regional Medical Center with a "horribly swollen stomach," Balamuth said. Her pediatrician said unequivocally that the problem was caused by the candy. Doctors had to insert a tube into her stomach to remove the air.
Fifi, who had no previous history of stomach problems, remained in the hospital for two-and-a-half days, he said.
The Janzes asked Baskin-Robbins to pull the "Shrek Swirl" from the market.
"They refused. That's why we filed this suit," Balamuth said. "Money, as far as they're concerned, is beside the point. They are absolutely livid about this ice cream and what it did to their daughter."
The lawsuit, filed in Contra Costa Superior Court, seeks medical expenses and unspecified damages.
Massachusetts-based Baskin-Robbins does not comment on litigation, said spokeswoman Debra Newton.
The swirl is part of Baskin-Robbins' heavily promoted tie-in with the animated movie "Shrek."
Packets of Pop Rocks, popular decades ago, have made a comeback in recent years. Urban legends that eating Pop Rocks with soda will cause a person to explode are discussed on a Pop Rocks Web site. The candy is produced in Spain for Chupa Chups, an Atlanta company. The Pop Rocks trademark is held by Kraft Foods.
"Ingesting them could induce nothing worse in the human body than a hearty, non-life-threatening belch," the Web site explains.
Blamuth said he may add the Pop Rocks candy company to the lawsuit.
Claire Booth covers courts. Reach her at 925-228-6177 or cbooth@cctimes.com.
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