- Former Arby’s manager faces felony food poisoning charge.
- Customer alleges she contracted HSV-1 after eating contaminated food.
- Lawsuit claims surveillance video captured the incident.
- HSV-1 commonly causes cold sores and spreads through saliva.
- Criminal and civil cases are moving forward in Oklahoma.
HSV-1, or Herpes Simplex Virus Type 1, is a common virus that usually causes oral herpes, commonly known as cold sores or fever blisters around the mouth. According to health experts, millions of people carry HSV-1, and many never develop symptoms.
The virus is primarily spread through direct contact with saliva or skin, especially when an infected person has an active outbreak. While HSV-1 is common, intentionally exposing another person to bodily fluids can raise serious legal and public health concerns.
That is why an Oklahoma case involving a former Arby's manager has attracted national attention.
A former manager at an Arby's restaurant in Broken Bow, Oklahoma, has been charged with felony poisoning of food with intent to injure after allegedly contaminating a customer's meal.
According to a lawsuit filed by customer Jennica Church, she visited the restaurant's drive-thru in late March 2026 after finishing work and ordered food for herself and her family.
"It was taking a little bit of time," Church recalled. "I thought they were mad at me because it was about to close."
The lawsuit alleges that Amanda Hendricks, who was the manager on duty, intentionally contaminated the order while preparing it.
"Hendricks intentionally and deliberately spit on the meat or sandwich components while preparing Plaintiff Jennica Church's order," the lawsuit alleges. "At the time Defendant Hendricks spit on the food, she knew she had Herpes Simplex Virus Type 1 (HSV-1), commonly known as oral herpes."
The complaint further claims Hendricks had an active herpes outbreak with visible lesions and knew the virus could be transmitted through saliva.
The criminal charge is not simply because HSV-1 was allegedly involved. Prosecutors allege the contamination was intentional, making it a potential act of food poisoning under Oklahoma law.
Investigators also allege surveillance footage from the restaurant shows the manager preparing sandwiches, spitting on food components, and serving the order.
If proven in court, intentionally contaminating food can carry severe criminal penalties because it may place customers' health at risk. In addition to criminal prosecution, the customer has filed a civil lawsuit seeking compensation for medical expenses, emotional distress, and other damages.
According to the lawsuit, Church took the meal home and shared it with family members, including her husband, children, and an elderly relative receiving hospice care.
Church later said she developed mouth sores she had never experienced before. Medical testing eventually showed she was positive for HSV-1. She believes the infection resulted from eating the contaminated food.
The lawsuit also alleges restaurant employees attempted to minimize the incident after it came to light by offering free sandwiches and a small cash payment.
The emotional impact on the family has been significant.
"I see what it's doing to my grandchildren, my son, my husband," Church's grandmother-in-law told KJRH. "I don't want to kiss my husband. He ate the food! Because he hasn't had an outbreak, doesn't mean he doesn't have it."
Church's attorney, Will Blocker, argued the alleged actions reflected broader failures at the restaurant.
"They let it go all the way out the door and my client now has a communicable disease," he told KJRH. "That has to be a culture deeper than Arby's in Broken Bow, Oklahoma. Maybe it's Flynn Restaurant Group and all 300 stores they own. I don't know, but we are going to find out."
Amanda Hendricks has been charged with felony poisoning of food with intent to injure. The criminal case and the family's civil lawsuit are continuing. Arby's had not publicly responded to the allegations at the time of reporting.
