The candies are typically sold in individual "mini-cup" servings, in which a piece of fruit is surrounding by a gel-like substance called konjac. Konjac is also known as conjac, konnyaku, yam flour, or glucomannan. The FDA reports that unlike other gelatins, the konjac does not dissolve in the mouth. The problem is frequently exacerbated by the fact that people freeze the candies. While the labels frequently indicate that the candies are best if served frozen, apparently freezing the candy makes the gel very sticky. Thus, the candies present a serious choking risk, a finding which has been supported by the Consumer Product Safety Commission as well.
Some experts also have indicated that the candies are too wide for most children's throats and do not pass standard choke tube tests. A report issued by the Japanese government has linked this type of candy to at least eight choking deaths in that country over the last decade. In response to the report in Japan, many manufacturers prepared additional warnings for the labels of the candies sold in that country. However, the manufacturing changes were not implement for items sold to all countries, and many of the labels on these candies in the United States do not indicate that a choking risk exists or provide the information in languages other than English. Additionally, some labels do not sufficiently highlight the risk.
The decision comes following a move by Safeway and Alberton's grocery stores to discontinue selling the candies in certain markets. In August, Safeway removed all Jelly Yum brand candies from 200 of its Northern California shops. Albertson's removed Jelly Yum candies, and two other brands-Fruit Poppers and Gel-ly Drop-from 195 stores.
The FDA advisory notes that children and the elderly are most at risk and should not eat the candies. The agency also issued an advisory to its field inspectors at U.S. borders to seize the candies if shipments are trying to enter the country.
One family sued the manufacturer, retailer, wholesaler, and importer of a gel candy called Lychee Flavor Mini Gel Snack, after their 9-year-old daughter choked on one of these candies, suffering severe brain damage as a result. Enrile v. New Choice Food, Cal., Santa Clara County Super. Ct., No. CV784959, May 11, 2001. The young girl experienced a total loss of mental and neurological functioning before dying nearly two years later. Before her death her family settled with the importer for $4 million, the retailer for $3 million, and the wholesaler for $1 million. An arbitrator also ordered the manufacturer to pay the family $24.8 million, but that award is non-binding. That means, the company could refuse to pay that amount and proceed to trial, which it did. According to press accounts, a three-year-old boy also died from ingesting the candy.
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