A manager at an Arby’s franchise in Broken Bow, Oklahoma, faces criminal charges after security footage allegedly captured her spitting into a customer’s food. The customer, Jenica Church, has filed a civil lawsuit against the franchise, alleging she contracted the herpes simplex virus type 1 (HSV-1) after consuming the meal, according to reports from the New York Post.
What led to the criminal charges against the employee?
Law enforcement officials initiated an investigation after a fellow employee reported the incident to police. According to investigators, security footage from the restaurant shows the manager, identified as Amanda Hendricks, leaning over a sandwich while preparing it. Police confirmed that the video depicts saliva falling onto the food. Based on this evidence, authorities sought an arrest warrant for Hendricks, charging her with the intentional application of a contaminating substance with the intent to cause harm.
How is HSV-1 transmitted in food service environments?
HSV-1 is a common viral infection primarily associated with oral herpes, according to the World Health Organization. The virus typically spreads through direct contact with saliva, skin, or fluid from blisters. While the Centers for Disease Control and Prevention (CDC) notes that the virus can be transmitted even when an infected person shows no visible symptoms, medical experts emphasize that transmission via food surfaces is less common than direct person-to-person contact. In the pending civil lawsuit, Church claims she tested positive for HSV-1 following the incident, though medical professionals have not yet confirmed a definitive link between the specific meal and her diagnosis.
What are the legal implications for fast-food franchises?
The civil litigation initiated by Church names Hendricks, the Arby’s franchise, and related corporate entities as defendants. Legal experts observe that such cases often hinge on the concept of “vicarious liability,” where a company may be held responsible for the actions of its employees performed within the scope of their employment. While the criminal case focuses on the specific act of contamination, the civil suit seeks damages for the emotional distress and health concerns faced by the Church family. As of late June 2026, no additional cases of infection linked to this specific incident have been reported to health authorities.
Frequently Asked Questions
- Can you get herpes from eating contaminated food? While HSV-1 is primarily spread through direct skin-to-skin or mucosal contact, the virus can survive in saliva. However, transmission via food is considered rare compared to other routes.
- What should I do if I suspect my food was tampered with? Preserve the evidence, contact local law enforcement to file a report, and seek medical advice if you experience symptoms of illness.
- Is there a cure for HSV-1? There is no cure for the virus, but antiviral medications can help manage symptoms, reduce pain, and lower the risk of transmission.
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