NGỘ ĐỘC THỰC PHẨM CÓ VỤ HÀNG TRĂM NẠN NHÂN, KHỞI KIỆN ĐƯỢC KHÔNG? / FOOD POISONING WITH HUNDREDS O

Food poisoning incidents have occurred consecutively, with the number of victims reaching hundreds of people. However, there have been no cases where affected individuals have filed lawsuits against food suppliers for harming their health.

So, can consumers file a lawsuit, and if so, whom can they sue, for what claims, and in what form should the lawsuit be filed for the court to accept and handle cases where many people file claims simultaneously in a single food poisoning incident?

Nearly 200 people suffered food poisoning, and all reported having eaten Banh mi.

According to statistics from the Departments of Health of Quảng Ngãi and Lâm Đồng, where two food poisoning incidents occurred in mid-December 2025, nearly 200 patients were admitted to hospitals for examination and treatment. Of these, about 100 cases were recorded in Quảng Ngãi and 80 cases in Lâm Đồng.

The hospitalized patients were treated for symptoms such as abdominal pain, vomiting, fever, diarrhea,... All stated in their medical declarations that they had eaten Banh Mi, after which the symptoms appeared. In Quảng Ngãi, the patients had eaten Banh Mi purchased at Hồng Vân Banh Mi outlets; in Lâm Đồng, the food involved was Banh Mi from the Bibone cold-cut Banh Mi shop (Phan Thiết Ward).

Mr. Đặng L., who is being treated at Phúc Hưng General Hospital (Quảng Ngãi), said that his son bought Banh Mi from the Hồng Vân shop; four members of the family ate it, and all of them suffered from severe abdominal pain, diarrhea, high fever, ...

The most severe cases were Mr. L. and his 4-year-old grandchild, who had to be hospitalized for treatment. Mr. L. developed acute kidney failure, requiring intensive medical care, and his health condition is now improving.

Similar to Quảng Ngãi, in Lâm Đồng the patients were diagnosed with bacterial intestinal infections.

The healthcare field of the two provinces promptly launched epidemiological investigations. The initial step involved inspecting the facilities that produced and supplied sausages, butter, minced pork, chili sauce, ... to Hồng Vân Banh Mi outlets. The facility owner has not been able to demonstrate the legal procedures related to food production and business operations, nor the origin of the materials;

They have not been able to provide proof of the product declaration dossiers for the various types of sausages; the facility does not have a food safety certificate or equivalent documents; the production area does not follow the one-way principle from input materials to finished products; and the production and business premises are not separated from sources of contamination and other harmful factors ...

In Lâm Đồng, authorities initially found that the Bibone Banh Mi shop had no business registration and no food safety certificate. Ingredients such as Banh Mi, pork sausage, cold cuts, shredded pork, fermented pork rolls, pâté, butter, char siu, pickled vegetables, and sauces ... were sourced from multiple suppliers in Ho Chi Minh City and Phan Thiết Ward. Notably, many of these food items lacked contracts or purchase invoices.

The inter-agency inspection teams of the two provinces collected food samples, sealed them, and sent them to the Nha Trang Pasteur Institute for testing; the results are currently pending.

What is the procedure for filing a lawsuit?

While waiting for the final results, the patients are continuing their treatment. When asked about filing a lawsuit for the food poisoning, many patients appeared confused and did not know where to start. Ms. Y.T. (currently receiving treatment in Quảng Ngãi) said: "After being poisoned, I searched online for similar cases but did not see any instances of consumers filing lawsuits. I also don’t know how to start the legal procedure."

At the same time, Ms. T. added that if the official results from the authorities confirm that the Banh Mi was indeed the source of the poisoning, not only she but several other patients currently undergoing treatment would be eager to file a lawsuit. This is not only to claim compensation for health damages but also to protect consumers in the long term.

Lawyers agree that the authorities should sanction and handle the facilities responsible for the food poisoning in accordance with the law. However, consumers should also be proactive in filing lawsuits, as this is a shared responsibility to protect the community.

Lawyer Phạm Thảo (Đà Nẵng Bar Association) said: "Recently, a series of food poisoning incidents have occurred in many localities, some affecting the health of dozens, even hundreds of people. In numerous cases, the consequences have been very serious, with patients requiring long-term treatment, losing their ability to work, and in some instances, even resulting in death.

However, in reality, compensation for consumers affected by food poisoning is still largely neglected.”

In many cases, businesses that violate regulations are subject to administrative sanctions, and sometimes even criminal prosecution, yet civil liability and compensation for the victims are either not addressed or only minimally resolved. This situation leaves the legitimate rights of consumers insufficiently protected and fails to create a strong enough deterrent against violations of food safety regulations.

 “According to the provisions of the 2010 Law on Food Safety and the 2023 Law on Protection of Consumer Rights, consumers have the right to claim compensation if their health or life is harmed due to unsafe food.

Liability for compensation is determined under Article 590 of the 2015 Civil Code, with specific guidance provided in Resolution No. 02/2022/NQ-HĐTP of the Supreme People's Court's Council of Judges," said lawyer Thảo.

According to lawyer Thảo, the types of damages eligible for compensation include: medical examination and treatment costs; travel expenses related to treatment; costs for nourishment and health recovery; and expenses for restoring lost or impaired bodily functions.

In addition, compensation may cover the actual lost or reduced income of the victim, as well as reasonable expenses and lost income of the caregiver during the treatment period. In cases where the poisoned person loses their ability to work and requires regular care, the cost of caregiving is also included in the compensation.

"In addition to material damages, the law also recognizes moral damages. The amount of compensation is determined by agreement between the parties; if no agreement is reached, the maximum amount shall not exceed 50 times the basic salary for a person whose health has been harmed," lawyer Thảo stated.

Lawyer Lê Cao (Đà Nẵng Bar Association) observed that, in reality, many people who suffer from food poisoning are hesitant to file lawsuits, intimidated by complicated legal procedures, or believe that the damages are "not significant." However, this mindset leads to civil compensation being overlooked, while violating businesses do not face proportionate legal consequences.

In cases of food poisoning, consumers have the right to file a direct lawsuit against the business selling the product. The burden of proof regarding the source of the ingredients and any fault lies with the business; thereafter, consumers have the right to seek reimbursement from the relevant suppliers if there is a legal basis.

According to lawyer Cao, regarding the procedure, victims need to collect evidence such as purchase invoices, medical records, treatment expense receipts, and documents proving lost income in order to file a lawsuit at the competent People’s Court. Although there is not yet a clear mechanism for class-action lawsuits, when multiple people file against the same business, the court may consolidate the cases to handle them together, ensuring the rights of the victims.

"From a legal perspective, consumers proactively filing lawsuits to claim compensation not only protects their own rights but also helps enhance the accountability of businesses and reduce the occurrence of unfortunate food poisoning incidents. This has long been a gap that needs to be addressed through concrete actions by both the public and the competent authorities," lawyer Cao said.

Ready to provide legal support

Lawyer Lê Cao stated that when a patient has been treated, stabilized, and discharged, hospitals need to provide complete medical records and related invoices, ensuring all legal procedures are in place so that citizens can easily carry out the lawsuit process.

At the same time, competent authorities should also make public all documents related to inspections, handling procedures, and food sample results on official portals, so that citizens can easily access and collect them as a basis for filing a lawsuit.

"Our law firm is ready to provide legal support to all victims of food poisoning in Quảng Ngãi in the recent incident. This is a shared responsibility to combat unsafe food," lawyer Cao said.