Arby's Manager, Herpes Claim
Arby's Manager Charged for Allegedly Spitting in Customer's Food, Customer Claims Herpes
An Arby's manager in Broken Bow, Oklahoma has been charged with felony poisoning after she allegedly spat into a customer's food — and the customer says she contracted oral herpes as a result. Amanda Hendricks, who was a manager at the Broken Bow location, was arrested on May 4, 2024 and booked into McCurtain County Jail on a $25,000 bond, according to TMZ.
The victim, 38-year-old Jennica Church, visited the Arby's drive-thru on March 28, 2024 and ordered a "4 for $10" sandwich deal. She later tested positive for HSV-1, the virus that causes oral herpes — a condition she says she never had before. "I love Arby's — not anymore," Church told KJRH News.
Surveillance Footage and a Whistleblower Triggered the Investigation
The case broke open when another Arby's employee reported that a coworker had spat into a customer's meal. Broken Bow police contacted Hendricks on April 17, 2024. Surveillance footage confirmed she had spat into the sandwiches while preparing them, according to The Smoking Gun.
When investigators spoke with Hendricks, she allegedly said, "I have the footage, and she was not going to waste my time, yes, she did it," essentially admitting to the act, TMZ reported. Church's daughter had also warned her mother that Hendricks was "bragging" about the incident before the police investigation became public, according to FOX 4 News.
Customer Developed Symptoms, Tests Positive, Files Civil Lawsuit
Church shared the order with family members, including her husband and mother-in-law. In April 2024, she developed painful oral lesions and tested positive for HSV-1. The lawsuit alleges Hendricks had an active outbreak with visible lesions at the time and knowingly contaminated the food, according to Houston Chronicle.
On June 16, 2024, Church filed a civil lawsuit in McCurtain County District Court against Hendricks, Arby's, and the Flynn Restaurant Group — the franchise operator that runs more than 300 Arby's locations. Hendricks was arraigned on June 24, 2024. Arby's confirmed she no longer works for the company, according to Washington Times.
Lawsuit Targets Arby's Culture, Not Just One Employee
Church's attorney, Will Blocker, says this goes beyond one rogue worker. "They let it go all the way out the door and my client now has a communicable disease. That has to be a culture deeper than Arby's in Broken Bow," Blocker told FOX 26 Houston. The suit seeks unspecified punitive damages.
The Flynn Restaurant Group has confirmed Hendricks' termination but declined to comment further on the litigation, according to Washington Times. The case could push the group to add stricter oversight and whistleblower protections across its hundreds of franchise sites. The emotional toll has also hit the wider family. Church's mother-in-law, Patricia Dollarhite, said her son "wanted a kiss. And he could not get one," according to Wide Open Country.
Can Herpes Actually Spread Through Spitting on Food?
HSV-1 is extremely common — the WHO estimates about 3.8 billion people worldwide, or roughly 67% of those under age 50, carry it. The CDC puts U.S. prevalence at about 47.8%. Public health officials have long said the virus dies quickly outside the body, making food transmission unlikely.
However, a 2023 study in the Journal of Applied Microbiology found that HSV-1 can survive on food surfaces for at least one hour, suggesting transmission is "theoretically possible" in high-volume cases like spitting, according to Oxford University Press. Proving causation will still be a major legal hurdle. Church's symptoms appeared faster than the typical 2-to-12-day incubation window, which skeptics say complicates the claim that the sandwich was definitively the source.
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