The complaint was filed last week on behalf of Vermont residents Gabrielle and Daryl Meunier, whose 7-year-old son got sick last November with fever, vomiting and diarrhea. After being hospitalized, their son tested positive for contracting a strain of salmonella that is now linked to peanut butter made at the Peanut Corporation of America’s Georgia plant. Meunier v. Peanut Corporation of America, No. 1:09-cv-00012 (M.D. Ga.).

The FDA report, which came out this month, found that the Georgia plant shipped products that had tested positive for salmonella contamination at least 12 times in the past two years. Federal investigators also found unsanitary conditions and numerous health violations at the plant. On Wednesday, the FDA asked companies and consumers to discard every product made from the plant in the past two years.