07/15/2026
Sixteenth Circuit Solicitor’s Office
Update regarding Union Public Safety Department's Wendy's Case
STATEMENT:
Following the release of our previous statement regarding the Wendy's food tampering case, the Union Public Safety Department, working alongside the Solicitor's Office, has completed
an additional review of all potentially applicable South Carolina statutes.
As a result of that review, our office has determined that the most appropriate charge is “Adulteration of Food” under S.C. Code § 39-25-30, rather than “Food Product Tampering.”
Under S.C. Code § 39-25-100, a food is deemed adulterated if it has been "produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth." This offense is a misdemeanor punishable by up to six months' imprisonment, a fine of up to $1,000, or both.
While the evidence does not support the allegation that the food itself was intentionally tampered with or contaminated in a manner required to prove the felony offense of foodproduct tampering, it does support allegations that the food was handled under unsanitary conditions in violation of South Carolina's food adulteration laws.
The Solicitor's Office will review the evidence as it pertains to everyone charged in this matter and intends to proceed with charges of adulteration of food where supported by the
evidence. As with any criminal prosecution, each case will be evaluated on its own merits, taking into consideration the defendant's degree of culpability, prior criminal history, and all
other factors that ordinarily inform prosecutorial decisions.
Our office remains committed to applying the law based on the facts and evidence in each case and will prosecute this matter as we would any other offense supported by the evidence.