The gas station is not at fault here, and had no way of knowing that the cheese was not safe. Clostridium botulinum only grows in food that is improperly processed, meaning that the can of cheese sauce was not sterilized at a high enough temperature for a sufficient length of time to kill the Clostridium botulinum bacterial spores. This is either an error or shortcuts occurring at the facility that manufactured the cheese.
It is very possible that the company that made the cheese will go out of business because of the liability issues. It won't be the first time a company that sold unsafe food has had to close as a result.
The gas station, however, should do fine. Unless people incorrectly blame the station for something over which its owners/operators had NO control.
I'm no microbiologist but I wonder if improper refrigeration could be a factor (or *the* factor) in this particular matter.
Check this out. The article says “health officers from the state Department of Health impounded four bags of Gehls cheese sauce.” Not canned, it came in bags. They also impounded the chips. I can’t see how chips could have the organism.
No recall notice showed up in a Google search. They’ve had plenty of time to test the cheese. Wonder what it could be if it’s not the cheese?
I have a question for you. Shouldn’t the gas station attendant have seen signs on the outside of the can also? Never eat anything out of a swollen, rusted or black can?