Couple sues manufacturer, store over “spoiled” drink

CEBU, Philippines - A couple has filed a case against Nestle Philippines, Inc. and Philippine Seven Corporation, operator of 7-Eleven for allegedly selling “spoiled” chocolate drink that caused their two-year-old daughter to vomit after drinking it.

Spouses Leonardo and Ma. Leoniza Asoque filed a P1-million damage lawsuit before the Regional Trial Court against the food and beverage manufacturing company and the local franchisor of 7-Eleven convenience stores.

The couple alleged that on April 21, they bought hard-boiled egg, two soft served chocolate, and a 180-ml tetra pack ready-to-drink Nestle Milo at the 7-Eleven Island Souvenirs branch located at P. Burgos Street corner Magallanes Street, Barangay Santo Niño, Cebu City.

They left the store and while on their way home, their two-year-old daughter vomited allegedly after drinking Milo. They were already 10 meters away from the store.

When Leonardo tasted the drink, he noticed that it was “unpleasant” and had a “sourly taste.”

The couple reportedly rushed back to the store to complain but they were allegedly ignored by the staff.

They reported the incident to the police and rushed their daughter to the Cebu City Medical Center. The couple said their daughter was “very weak and almost lifeless” when she was brought to the hospital.

The doctors diagnosed the child with "acute gastroenteritis with no dehydration secondary to food intake."

She was discharged on April 23.

The Asoque couple filed a complaint before the Department of Health-Bureau of Food and Drugs and submitted a sample of the alleged spoiled drink which the latter concluded as “"slightly acidic compared to the unopened sample."

The 7-Eleven likewise submitted an unopened sample. However, the couple alleged the Milo drink submitted by the store had a different batch number.

The couple withdrew their case filed before BFAD after there was no settlement.

No apology

The couple said the company did not apologize and did not even offer any compensatory amount to “assuage the pain and utter misery brought about by the selling of spoiled milk drink.

The couple also alleged that the regional manager of the convenience store reportedly neglected them when they reported the incident, quoting the latter as saying “Why have you complained when nothing happened to your daughter?”

The couple alleged that Nestle Philippines failed to maintain and check the quality and safety of their products.

They further said that the Philippine Seven Corp. was remiss in its duty of properly storing and handling its products to make it safe for public consumption.

The couple said they suffered "sleepless nights, moral shock, wounded feelings, ill-will, serious anxiety, and fear."

"The thought alone of losing their youngest daughter left them with no words to describe," their complaint read.

The couple asked the court to order the defendants to pay them P500,000 as moral damages; P500,000 as exemplary damages; and P50,000 as attorney’s fees.

The FREEMAN repeatedly tried to contact the defendants but failed to get their side. — (FREEMAN)