TAMPA, Fla. (WFLA) — Publix and the J.D. Smucker Company are being sued over a retired Tampa judge’s death, according to a lawsuit filed earlier this month.

The family of retired Hillsborough County Judge Robert Foster filed the lawsuit, alleging negligence led to the judge’s untimely death last July.

On May 2022, Smuckers issued a voluntary recall of nearly 50 different varieties and sizes of Jif peanut butter over concerns that they were contaminated with salmonella.

Fosters’ family alleges that he was infected with salmonella after eating tainted Jif peanut butter.

Attorneys with Morgan & Morgan said Foster died on July 16, 2022, at the age of 75 after complications mounted.

Smuckers is being sued for manufacturing the contaminated peanut butter and Publix is being sued for selling it, attorneys said.

The lawsuit also brings loss of consortium claims on behalf of Judge Foster’s two surviving children, alleging that the defendants robbed them of their father’s love, companionship, and support, Morgan & Morgan said.

Morgan & Morgan attorneys John Morgan and Steve Nauman issued the following statement:

“It’s scary to think that something as innocuous as putting a jar of peanut butter in your cart at Publix could lead directly to someone’s tragic death, but that’s exactly what we’re alleging happened in this case. We’ve been lawyers in Florida for years, and our legal community lost a titan in Judge Foster. Simply issuing a recall, like Smucker did with this peanut butter, does not absolve food companies of their responsibility to provide safe products. We will work to hold the companies responsible for Judge Foster’s death accountable to the fullest extent of the law to ensure this never happens again.”

News Channel 8 reached out to both Publix and Smuckers for comment.