Health officials say the salmonella outbreak began on May 11, with the last reported case occurring on June 5. The ages of people with confirmed cases of the unusual bacteria ranged to 2 to 79. No deaths have been confirmed.

Salmonella is usually a debilitating sickness that lasts from 4 to 7 days. Symptoms typically include fever, nausea, vomiting, dehydration, diarrhea, abdominal pain and cramps, and headache. Patients with weakened immune systems such as young children and the elderly are particularly vulnerable to salmonella bacteria. The infection can leave the intestines and infect the major organs, often resulting in liver damage and death.

Although the exact source of the salmonella has not been identified yet, Subway said that it voluntarily withdrew some items from its stores including onions, green peppers, and tomatoes in early June.

Today Subway issued a public apology for the outbreak: “We are truly sorry for the difficulty this situation has caused you, our customer, and are working diligently to solve this mystery and to regain your trust,” Subway said in a statement. The company added that it is now “confident the current fresh produce being served in Subway restaurants are safe to eat.”

The massive salmonella outbreak has been linked to Subway restaurants in 28 counties: Bureau, Cass, Champaign, Christian, Coles, Dekalb, DeWitt, Ford, Fulton, Henry, Knox, LaSalle, Livingston, Macon, Marshall, McLean, Moultrie, Ogle, Peoria, Rock Island, Sangamon, Schuyler, Shelby, Tazewell, Vermilion, Warren, Will, and Winnebago.

Also today, a 46-year-old woman who was severely sickened after eating at a Subway location in Aurora, Illinois, filed a lawsuit against the restaurant chain, alleging the food sickened her to the point of needing emergency medical treatment.

The U.S. Centers for Disease Control and Prevention estimates that 76 million people in the United States get sick every year from salmonella and other foodborne illnesses and 5,000 people die from them.

SOURCE: Personal Injury Attorneys › Massive salmonella outbreak linked to 47 Illinois Subway restaurants

Although there is no way to completely avoid the bacteria that lead to food borne illnesses, there are some ways to reduce your risk of becoming sick. The Center for Science in the Public Interest (CSPI) has issued a list of 10 foods regulated by the Food and Drug Administration that are most commonly linked to outbreaks.

In issuing the list, the CSPI does not intend for consumers to avoid the foods most often contaminated altogether. Instead, it hopes that educating the public about the risks will help consumers dodge the bacteria rather than the foods themselves. Please note that the list does not include meat, which is regulated by the U.S. Department of Agriculture.

1. Leafy greens (363 outbreaks; 13,568 cases): lettuce, processed and bagged salad, and other greens account for nearly a quarter of all non-meat outbreaks, such as the 2006 spate of salmonella illnesses linked to fresh spinach. Generally, the more food is processed, the more opportunity it has to become contaminated by dirty water, equipment, and hands.
2. Eggs (352 outbreaks; 11,164 cases): Salmonella bacteria is sometimes passed from chicken to egg, and consumption of raw or undercooked eggs may cause illness. The bacteria is also sometimes transferred from the shell to other surfaces, such as the hands or food prep counter, causing cross contamination.
3. Tuna (268 outbreaks; 2,341 cases): fresh fish is highly perishable. When tuna starts to decay, it releases a poison called scombrotoxin, which causes headaches, cramps, diarrhea, eyesight loss, and other symptoms.
4. Oysters (132 outbreaks; 3,409 cases): Oysters feed by filtering the water they live in. If they live in dirty water, then the shellfish may become contaminated. They may also become contaminated by improper handling and storing. Nausea, vomiting, and diarrhea are the typical results of eating a bad oyster that is undercooked or raw.
5. Potatoes (108 outbreaks; 3,659 cases): Cross contamination is usually the way good potatoes go bad. While whole potatoes that are scrubbed and baked are normally safe, potatoes that are processed in the deli (potato salad for instance) sometimes come into contact with germs from other substances such as meat. Preparing potatoes on contaminated deli or restaurant counters also leads to food-borne illnesses.
6. Cheese (83 outbreaks; 2,761 cases): easily contaminated by salmonella and listeria. Soft cheese like feta, blue, and brie are typically to blame for food poisoning cases linked to cheese.
7. Ice cream (74 outbreaks; 2,594 cases): outbreaks in the past have been caused by transporting ice cream in a salmonella-infected truck and contaminated ingredients added after pasteurization. Illnesses from homemade ice cream usually are usually the result of using raw eggs.
8. Tomatoes (31 outbreaks; 3,292 cases): fresh tomatoes may appear clean, but they should always be washed thoroughly before using. Even fruits and vegetables that are peeled before eating should be washed, as the outer surface can contain a number of germs that can migrate to hands and other surfaces.
9. Sprouts (31 outbreaks; 2,022 cases): warm, moist growing conditions required for growing sprouts are also ideal fro growing bacteria. The FDA and CDC recommend that young children, the elderly, and people with weakened immune systems avoid eating raw sprouts.
10. Berries: (25 outbreaks; 3,397 cases): Berries imported from Central and South America have sickened people with Hepatitis A and Cyclospora, a germ that causes severe diarrhea, cramps, and dehydration.

According to Health magazine, consumers should keep these tips in mind while at the supermarket:

• Supermarkets should be clean and orderly. Avoid torn and broken packages and perishables stacked in the aisle. If cleanliness looks like it might be an issue, customers can ask to see the store’s grocery inspection results. Lower scores generally translate to higher risks.
• Buy nonperishable items first, then produce, dairy, frozen foods, meat and poultry, and prepared foods in that order to avoid foods thawing or becoming too warm. Separate items that are likely to contaminate, such as meat and poultry, away from produce and other items.
• Inspect the sell-by and use-by dates on product packaging. Quickly use or freeze any products if packaging dates indicate their time is nearly up. Look for fresher items toward the back of the shelves.
• Avoid produce with bruised or torn skin and suspect packages, which allow bacteria to easily enter and grow.
• Choose produce in its unprocessed form. Rebecca Spector, the Center for Food Safety’s West Coast director, told Health magazine that the majority of contaminated leafy green vegetables comes from packages, probably because the packaged produce goes through more processing steps and thus there is more opportunity for cross contamination. Wash and dry all produce thoroughly.
• Pay attention to how the items are stored. Meat and dairy products should be kept between 35-40 degrees. Produce should be displayed in open cases with misters. Items that are stacked too high or deep may be insulated and therefore too warm. Reach for the items toward the back of the case.

According to Health magazine, every year one in four Americans comes down with a food borne illness after eating contaminated food. That’s about 77 million people, many of whom are young children and the elderly, who can develop serious complications or possibly die if infected with bacteria such as salmonella and E. coli. The contaminated food is out there, but keeping these tips in mind can help keep you and your family safe and healthy.

SOURCE: Personal Injury Attorneys › Steering clear of potentially contaminated food

Food safety has been a top priority for the U.S. government in modern times, but a slew of recent salmonella and E. Coli outbreaks threw open the curtains on a food safety system that has become dangerously inadequate and lax across the board, from regulation to inspection to enforcement.

John Dingell (D-MI), who sponsored the bill, said it would “fundamentally change the way in which we ensure the safety of our food supply.”

The bill would give the Food and Drug Administration, which regulates 80 percent of the nation’s food supply, more power to enforce food safety regulations. For instance, the FDA will be able to order recalls of contaminated food products. Currently, the agency only has the power to ask companies to recall contaminated products.

The bill would also increase the agency’s responsibilities by requiring it to inspect high-risk food processing plants every 6 to 12 months. Lower-risk plants would be inspected once every three years, while food storage warehouses would be inspected once every five years.

Under the current system, it was possible for some plants to run unlicensed and uninspected for years. For example, the peanut processing plant in Plainview Texas, which was part of the conglomerate that caused a massive salmonella outbreak last winter, didn’t have a license to operate and was never inspected by state or federal authorities. The outbreak was one of many in the last 3 years, drawing the ire of many legislators and compelling the Obama administration to vow a reform the federal food safety system.

Other provisions in the bill call for stricter and more thorough inspections of imported food, rules that will make the records of food processing companies more transparent to federal authorities, and a requirement that food companies establish safety plans aimed at slashing the incidences of contamination and food-borne illnesses.

In addition to more frequent and thorough inspections, the bill will require the FDA to develop a better way to quickly identifying the source of an outbreak. Such a plan would involve creating a tracking system for all food products, including ingredients.

The Consumer Federation of America praised the House on its passage of the bill, telling the New York Times that “the FDA has no specific authority right now, or responsibility, to prevent food-borne illness.”

“We hope the day will come when serious illness or death caused by contaminated food will be a thing of the past and we can feed our families without fear that the food carries a dreaded disease,” the federation said.

SOURCE: Personal Injury Attorneys › Historic food safety legislation passes House

Cartons of the lettuce were shipped in bulk “naked” (without packaging), tied with a printed twist tie, or bagged. The lot code on the suspected lettuce is 531380. The lettuce was provided to retail stores, food service companies, and wholesale customers.

According to Tanimura & Antle, the lettuce was harvested between June 25 and July 2. The recall applies to lettuce sold prior to July 23. Despite the lettuce being past its shelf life, the company issued the recall nonetheless with “an abundance of caution.” No illnesses have been reported as a result of eating the lettuce.

“We will continue to review opportunities for improvement,” the company said in a release. “Although the recalled product is well beyond the 14-16 day shelf life, we are voluntarily issuing this recall because we want to ensure that we minimize even the slightest risk to public health.”

Tanimura & Antle is working with the Food and Drug Administration to notify the public about the contaminated lettuce.

Additional information about the recall can be obtained by going to the company website or calling 1-877-827-7388.

According to company records, the lettuce was shipped to the following states: Alabama, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Missouri, Nebraska, New Hampshire, New Mexico, Nevada, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Wisconsin, and Wyoming.

SOURCE: Personal Injury Attorneys › California grower recalls salmonella contaminated lettuce

The products were distributed nationwide to GNC Distribution Centers in Phoenix, Ariz., Anderson, S.C., and Leetsdale, Penn., and to VPX Sports Distribution Center in Weston, Fla. The products were also distributed to centers internationally. Seventeen lots are affected in the recall. The products are packaged in 5-pound blue, plastic jars with a red band around the top and bottom of the jar. The principal labels of the recalled lots are under the brand name VPX and STEALTH, Muscle Amplification lean Mass Gainer and flavor in the lower 1/3, Vanilla Blast or Chocolate Rush.

Healthy individuals infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, endocarditis and arthritis.

No illnesses have been reported to date. Vital Pharamceuticals is recalling the product because it contains and ingredient Milk Protein Concentrate that was recalled by the supplier, Plainview Milk Products Cooperative, because it was contaminated with Salmonella. Consumers are asked to return the products to the store where they were purchased.

Source: FDA

SOURCE: Personal Injury Attorneys › Powdered dietary supplements recalled for Salmonella contamination

The recalled products include brown gravy, brown gravy with mushrooms, brown gravy with onions, turkey gravy, pork gravy, country sausage gravy, country style gravy, Alfredo sauce mix, Cajun gumbo mix, and Hollandaise sauce mix manufactured by Sauer under the Sauer’s, Gold Medal, and Piggly Wiggly brand names.

According to the FDA, the recalled products include non-fat dry milk made by the Plainview Products Cooperative, which recently recalled its instant dry milk and other products because of salmonella contamination.

The recalled products are packaged in foil packets or plastic jars. Cartons of the mixes were shipped to retail stores in Alabama, Georgia, North Carolina, Mississippi, Ohio, Tennessee, Virginia, West Virginia, Kentucky, Florida, and Pennsylvania.

Salmonella bacteria cause serious and occasionally fatal illness in people with weakened immune systems, young children, and elderly people. Healthy people infected by Salmonella bacteria typically experience fever, nausea, vomiting, diarrhea, and abdominal pain. The bacteria may also enter the bloodstream and cause infected aneurysms and other arterial infections, endocarditis, and arthritis.

The FDA has not received any reports of Salmonella infection associated with this recall.

Consumers who have any of the recalled products may return them to the store of purchase for a full refund. They may also call the C.F. Sauer Company at 1-800-688-5676 between 8:00 am and 4:30 pm Eastern.

SOURCE: Personal Injury Attorneys › FDA announces recall of contaminated gravy and sauce mixes

The massive salmonella outbreak prompted ConAgra to remind its customers about the importance of following cooking instructions, especially when using a microwave.

In 2007, A ConAgra spokeswoman told the Associated Press that pot pies needed to be cooked longer in less powerful microwaves, and that steam rising out of the pot pie is a good sign that it is sufficiently cooked. According to the AP report, the same spokeswoman also said that “cooking will kill any pathogens routinely found in uncooked products that contain poultry.”

The company then set about revising the cooking instructions on its pot pies “to clarify how long the pies should remain in the microwave,” the AP report said.

Now, months later, the New York Times conducted a test to determine the reliability (and thus the safety) of cooking instructions on processed food.

Reporter Michael Moss and NY Times Investigative Editor Christine Kay cooked a Banquet chicken pot pie for 5 minutes in a 1200-watt microwave oven. The instructions on the box directed them to cook the pie for 4-6 minutes in an 1100-watt microwave. After cooking, they allowed the pie to sit for 3 minutes, as directed, and then tested the temperature in several locations using a cooking thermometer. In all places, the thermometer read between 140 – 158 degrees.

They then cooked another pot pie for in the same microwave 6 and a half minutes, during which time smoke emanated from the oven. After allowing the pie to sit for 3 minutes, they tested the temperature in several spots around the pie and found that despite cooking it for 30 seconds longer in a stronger oven than the box instructed, they had a pie that was overcooked on one side (about 172 degrees) and undercooked on the other side (about 140 degrees).

The test proved that pot pies contaminated with salmonella might not be safely cooked even when consumers follow the cooking instructions, which raises the question about the safety of other processed foods.

“Instead of cooking the pot pies to a high enough temperature to kill any potential pathogens, which they said made the vegetables mushy, they passed the buck to the consumer,” said reporter Moss.

Moss called the 800-number printed on the box, but was told that microwaves “can’t be trusted to produce their claimed wattage and that one shouldn’t eat a pie that hasn’t reached 165 degrees.”

“It’s a safety issue,” the hotline operator told Moss.

To view a video of the NY Times experiment, click here.

SOURCE: Personal Injury Attorneys › Despite warnings and instructions, food safety may still be a gamble

Obviously, large food manufacturers have a reputation to uphold, so it’s not surprising that many of them perform optional, randomized testing of their products. Kraft performed such tests on its Back to Nature trail mix, which is how it discovered that pistachios from Setton International Foods, a California-based pistachio manufacturer, were contaminated with salmonella bacteria.

Still, many companies avoid testing their products before market, while others that perform tests may ignore the results – all of which underscores the need for a more effective food safety inspection system and better regulations.

“We’re relying on companies to find the contaminated foods on their own, and since there’s no national standards for this, some companies don’t bother to test at all,” said Rep. Diana DeGette, D-Colo., in an Associated Press report. “What if these nuts had been distributed by a company that doesn’t test? We wouldn’t have found out until people got sick.”

Another critic of the country’s food regulation system, Rosa DeLauro, D-Conn, said that Americans should be safe to assume that the food they serve to their families is okay to eat. “Unfortunately – from peanuts to ground beef to peppers to imported seafood – and just yesterday, pistachios – we have seen one devastating case of widespread food borne illness after the next,” she said in a statement before Congress.

DeLauro, like a growing number of Americans, voices her concern about the duplicitous nature of government agencies such as the FDA and USDA.

“I have long been concerned about USDA’s dual mission of promoting the products it is supposed to regulate. I believe this inherent conflict of interest at the agency has contributed to some of the food safety problems we have encountered over the years,” she said.

DeLauro added that the Food Safety and Inspection Service (FSIS) must be modernized “in a way that emphasizes prevention not just reaction, and recognizes that as long as the threats from food borne pathogens are constantly evolving, so too must the food safety system.”

However, the idea of reforming the nation’s food inspection system — requiring mandatory testing by food companies in particular — is meeting resistance by some lobbyists who believe testing would hinder business interests.

Robert Brackett of the Grocery Manufacturers Association told the AP that “You don’t want to do testing just for the sake of doing testing. That tends to be this one-size-fits all situation where it may work really well for some products and not for others. What we really focus on is for companies to build the safety into their programs in the first place.”

SOURCE: Personal Injury Attorneys › Salmonella: the bacteria that changed Washington?

The FDA announced that Setton International Foods, Inc., a division of Terra Bella Inc., would voluntarily recall approximately 2 million pounds of roasted pistachios that have been shipping since last fall. The investigation and recall come after two people contacted the FDA complaining of symptoms of salmonella poisoning after eating the nuts. Although the link has not yet been confirmed, the plant where the pistachios were processed temporarily shut down last week.

The FDA was first alerted to a potential problem when a representative of Kraft Foods informed the agency that its Back to Nature Trail Mix tested positive for salmonella contamination. The company identified Setton pistachios as the source of the contamination and issued a recall.

Dr. David Acheson, the FDA’s assistant commissioner for food safety, said that consumers should avoid eating but hold onto any pistachio products. “The number of products that are going to be recalled over the coming days will grow, simply because these pistachio nuts have then been repackaged into consumer-level containers,” he told the Associated Press.

According to the FDA advisory, “the contamination involves multiple strains of Salmonella. Salmonella can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Thus far, several illnesses have been reported by consumers that may be associated with the pistachios.”

The 2 million pounds of possibly contaminated pistachios constitute a very small fraction of the 278 million pounds of pistachios harvested in California last year. California is the second largest grower of pistachios in the world, just behind Iran.

Officials believe that the contaminated nuts entered the consumer market in 31 states. A representative of Setton Pistachio said the recall applies only to a specific lot of both in the shell and shelled roasted pistachios.

Jeff Farrar of the California Department of Public Health said that it may take weeks to determine specifically which products the possibly contaminated nuts affects. Setton packaged the pistachios in 2,000-pound containers and shipped them to 36 wholesalers throughout the U.S.

“It will be safe to assume based on the volume that this will be an ingredient in a lot of different products, and that may possibly include things like ice cream and cake mixes,” Farrar told the AP. “The firm is already turning around trucks in transit to bring those back to the facility.”

The outbreak comes on the heels of one of the country’s largest salmonella outbreaks and product recalls in history. Last winter, the Peanut Corporation of America knowingly distributed contaminated peanut butter products to food manufacturers and institutions throughout the U.S., which led to an outbreak of salmonella poisoning in nearly every state.

The FDA has since come under fire for failing to adequately protect the public from such outbreaks. Agency leaders have been working to “drastically compress” the timeframe of salmonella detection from 2 weeks to 2 days, stressing the need for federal agencies to work with each other in a concerted effort to protect the public’s health.

SOURCE: Personal Injury Attorneys › FDA eyes pistachios as it receives reports of salmonella poisoning

What they found at the plant defines corporate irresponsibility and underscores the shortcomings of government agencies on both federal and state levels in doing their job to serve and protect the public.

Some of the items on the FDA report include:

• A dead mouse stuck to a glue trap. “The mouse appeared to have died recently,” the report reads.
• “What appeared to be rodent excreta pellets too numerous to count were observed in the cabinet under the sink in the south most kitchen.”
• “In the cabinet north of the dishwasher … I counted approximately 27 rodent excreta pellets.”
• “Another dead mouse was found just outside the south most doorway of the kitchen. … This mouse also appeared to have recently died.”
• “What appeared to be a bird’s nest was observed in the wall/ceiling metal support beam at southwest corner of the mezzanine area.”
• Processing machines had buildup of “gooey” peanut paste.
• Numerous roof leaks.

Aside from hundreds of sick people and as many as 9 deaths, the irresponsibility that caused the salmonella outbreak had an enormous economic impact on individuals and companies alike. Thousands of products were pulled from the shelves, plants closed, employees became jobless, and two towns worried about their future. Even peanut butter manufacturers and other food companies that did no business with the Peanut Corp. saw a sharp decline in revenue as the public became fearful of all peanut products.

The peanut recall is one of the largest recalls in US history and the latest in a series of recalls that included contaminated lettuce, spinach, tomatoes, and peppers. The recalls have diminished public confidence in the effectiveness of the FDA and renewed calls in Congress to reform the agency.

Despite the peanut recall, the Centers for Disease Control and Prevention (CDC) reports that the outbreak continues as people continue to consume contaminated products.

Source: http://www.reuters.com/article/healthNews/idUSTRE5226LW20090304

SOURCE: Personal Injury Attorneys › FDA report reveals peanut plant’s carelessness in food safety

“It’s regrettable, but it’s inevitable with the events of last month,” Andrew S. Goldstein, the bankruptcy attorney who filed the petition, told the Associated Press.

Investigators have traced the national salmonella outbreak to peanuts produced by the Peanut Corp. in its Blakely, Georgia, factory. They estimate that the contaminated peanut butter has sickened 630 people and caused the deaths of 9.

According to the AP, the board “had considered a Chapter 11 bankruptcy, but decided on outright liquidation” instead. The recall has financially devastated the company.

The recall of Peanut Corp.’s peanuts led to further recalls of more than 2,000 other products that incorporated the possibly contaminated peanut butter from the Peanut Corp. Recalls of all the affected products amounted to one of the largest collective recalls in American history.

More than a dozen people affected by the contaminated peanut butter have filed civil lawsuits. Food safety attorneys remained optimistic that victims and their families would still be compensated despite the bankruptcy filing. The lawyers attached to the lawsuits will request they be allowed to proceed anyway.

The Peanut Corp. started in 1977 when the Parnell family turned a peanut roasting business into a $30 million peanut processing operation. The Parnells sold the company in 1995. In 2000, Steve Parnell began building another peanut processing company when he bought plants in Texas, Georgia, and Virginia.

The Blakely, Georgia, plant stopped operations when investigators from the Food and Drug Administration found that the Peanut Corp. sold and shipped peanut butter that tested positive for salmonella. The findings prompted an investigation of the Plainview, Texas, plant, where officials found similar problems.

Texas health officials on Friday ordered that all peanut products ever made at the Plainview facility be recalled after finding serious health risks in the plant. According to the AP report, “officials said they discovered rodents, feces and feathers in a crawl space above a production area. An air handling system sucked debris from the crawl space into an area where peanuts are processed.”

SOURCE: Personal Injury Attorneys › Peanut Corporation of America closes for good

Peanut Corporation of America

The Texas plant, operated as Plainview Peanut Company, LLC, produces peanut meal, granulated peanuts, and dry roasted peanuts. None of the possibly contaminated products appear to have reached consumers.

Investigators from the U.S. Food and Drug Administration have been conducting a criminal probe of the company. On Tuesday, Reuters reported that the FBI has joined the investigation in a support capacity, providing its resources in assistance to the FDA. Dee Rybiski, a spokeswoman for the FBI field offices in Richmond, Virginia, told Reuters that “there were simultaneous searches of the different locations,” including, she confirmed, Peanut Corp.’s headquarters in Lynchburg, Virginia.

In mid-February of 2007, the FDA announced a recall of certain batches of Peter Pan peanut butter because of reported salmonella poisoning. Other salmonella outbreaks have occurred since, sparking massive recalls of spinach, tomatoes, lettuce, and peppers and rattling consumer confidence in the safety of the nation’s food supply.

The salmonella outbreaks have re-energized efforts to reform the FDA, which the Government Accountability Office considers to be afflicted with inconsistent oversight, ineffective coordination, and inefficient in its use of resources. Consumer groups, certain members of Congress, and the Obama administration have all echoed calls to reform the FDA.

The latest salmonella outbreak is also proving to be a disaster for peanut processors whose products aren’t included in the recall but are affected by it, and for the peanut industry in general. Sales of safe peanut butter have been dropped 25% since the salmonella outbreak.

“These things kind of spook consumers,” said Bob Goldin of Technomic Inc, a Chicago-based food industry consulting firm, to Reuters.

The total damage caused by one company cutting corners and trying to save a few bucks may be impossible to quantify in the end.

SOURCE: Personal Injury Attorneys › Peanut Corp. halts its Texas operations as FBI joins investigation

These latest findings indicate that the Peanut Corporation was either grossly negligent or, more likely, that some of its decision makers were engaging in criminal business practices. Federal law prohibits producing and shipping food under conditions that could jeopardize the public’s health and safety, and it appears that the Peanut Corp. did both.

Michael Rogers, head of field investigations for the FDA, said that the agency uncovered the dubious activity during a closer review of documents provided by the Peanut Corp.

“We have not made a determination yet on liability,” attorney Amy Rotenberg, an attorney for the Peanut Corp., told the Associated Press. “We are neither denying or admitting liability at this point. We are still investigating.”

On January 28, the Peanut Corp. issued a statement on its website denying accusations that it shopped around for more favorable test results. “PCA uses only two highly reputable labs for product testing and they are widely used by the industry and employ good laboratory practices. PCA categorically denies any allegations that the Company sought favorable results from any lab in order to ship its products.”

The FDA and USDA also knew that the Peanut Corp. was operating a dirty plant, yet its representatives failed to take action. In the past, inspectors found dead insects near peanuts, holes in the plant large enough to admit mice and rats, and dirty duct tape holding broken equipment together. They also discovered that the company used insecticide foggers in the plant but didn’t wash the exposed areas and equipment. The FDA gave Peanut Corp. the liberty to fix the problems on its own because the food products it tested at the time showed no signs of chemical or organic contamination.

As it happens all too commonly in government, a crisis is usually needed before substantial improvements are made. In this instance, 8 people died from salmonella poisoning linked to the Peanut Corp.’s contaminated peanut butter. Another 575 people were sickened.

Some members of Congress are calling for both criminal investigations by the Justice Department and an overhaul of the FDA and USDA. The USDA was one of Peanut Corp.’s two biggest buyers before it suspended all business with the company.

Sen. Patrick Leahy of Vermont said that food producers need to be held responsible for deadly outbreaks of disease such as this latest salmonella outbreak with jail time, not fines alone. Traditionally, the federal government has not been aggressive in penalizing companies that knowingly violate food safety laws.

Since news of the massive peanut butter recall surfaced, many customers have shunned peanut butter altogether, including brands that have been deemed safe. Sales of all peanut butter brands are down 25 percent, according to a report by the New York Times. Some industry officials worry that Peanut Corp’s recklessness could be catastrophic to the peanut industry.

SOURCE: Personal Injury Attorneys › Case worsens against Peanut Corp. tied to salmonella outbreak

Just how the Texas plant could have operated under the radar for four years raises questions about the effectiveness of government in keeping the nation’s food clean and safe to eat. The Food and Drug Administration relies on the state of Texas, as it does with many other states, to administer federal food safety regulations. The FDA maintains that it does not have enough inspectors to check 65,520 food production facilities nationwide. The agency examined less than 6,000 plants in fiscal 2008, according to a report in The Washington Post.

After investigators traced the salmonella outbreak to Peanut Corporation’s Georgia facility, Texas sent Patrick Moore, an inspector with the Texas Department of State Health Services, to the Plainview, Texas, plant. Texas law requires that food manufacturers renew their licenses every two years and be routinely inspected. The Plainview plant operated since its opening in March 2005 without doing either.

“I was not aware this plant was in operation and did not know (what) type of products processed,” Moore wrote in an inspection report, according to the Associated Press.

The problems with the Texas plant do not necessarily represent any wrongdoings by the parent company, but they do expose a state and federal regulatory system that is extremely inept. The plant is registered with the Texas Comptroller of Public Accounts as Plainview Peanut Co., LLC. It was also properly registered with the FDA as a food processing plant. However, neither the state nor the federal government bothered to check on the plant.

In an AP report, Margaret Glavin, former associate commissioner for the FDA’s regulator affairs, said that no regularly updated database exists to assist food inspectors. “The database is terrible,” she said.

Representative Rosa DeLauro, D-Conn., oversees the FDA’s funding and acknowledges the agency’s serious shortcomings. She has been working on legislation that would take the “F” out of the FDA by creating a separate national food safety agency. “I think this is one more example of the real breakdown in the process of regulating food safety and making sure public safety is ensured,” DeLauro told the AP.

Since the salmonella outbreak, the Plainview, Texas facility has been inspected by both state and FDA officials. No salmonella has been detected there.

SOURCE: Personal Injury Attorneys › Peanut Corp’s Texas plant ran unlicensed, uninspected since 2005

The particular strain of salmonella that sickened the boy is the same strain as the salmonella tied to Peanut Corporation’s manufacturing facility in Blakely, Georgia. Investigators from the U.S. Food and Drug Administration identified the strain as Salmonella Typhimurium. The salmonella found in the peanut butter products was one of four different strains detected in the factory.

The salmonella outbreak has sparked one of the largest and most complicated food safety recalls in U.S. history. Contaminated peanut products from the Peanut Corporation were used as ingredients in hundreds of other products such as crackers, cookies, candy, cake, and ice cream. The tainted peanut butter was also distributed to long-term care facilities, cafeterias, and other institutions. The Centers for Disease Control (CDC) blames the contamination for more than 500 reported illnesses and 8 deaths across the country and Canada.

The attorney representing the Meuniers filed the lawsuit in U.S. District Court in the Middle District of Georgia.

The peanut plant at the root of the salmonella problems has a record of unsanitary conditions, according to government inspection records. The storage cooler is reported to have mold growing on the ceiling and walls and the plant has had a major roach infestation. Salmonella was found in the plant’s production line late last September, yet no measures were taken to clean the infected area.

Peanut Corp. had its peanut products re-tested at different labs when original test results came back positive for salmonella. Once negative test results were obtained, the company shipped the products out. Because of these actions, some members of Congress believe those responsible should face criminal charges.

Gabrielle Meunier expressed her alarm over the news about the salmonella outbreak. “I am absolutely so dismayed, so saddened that this could happen,” she told the Burlington Free Press.

In reference to the system that state and local governments have in place to enforce food safety, Meunier said “I know the process doesn’t work.”

“Nobody is going to tell us the truth until it becomes one big court matter,” she told the Burlington Free Press.

Four illnesses linked to the salmonella outbreak were in Vermont.

SOURCE: Personal Injury Attorneys › Vermont couple sues Peanut Corp. over son’s salmonella poisoning

The shipment was refused by the importer in Canada in April 2008. The importer requested that it be destroyed. Tests of the refused shipment later showed that the chopped peanuts contained metal fragments. The shipment was not destroyed until November 17, more than 7 months after it was rejected, because the Peanut Corporation tried to clean it up.

“The shipment was rejected from Canada and imported back to the U.S. and PCA,” Domenic Veneziano, director of import operations and policy for the FDA’s office of Regulatory Affairs, told the Chicago Tribune.

“They tried to recondition the shipment … and clean it up, and it could not be done. … The FDA went out and witnessed that shipment … and ensured that it was destroyed,” the Tribune reported.

Although the FDA maintains it took the right measures in preventing distribution of the contaminated shipment, the federal government says that the agency did not inspect the processing plant in Blakely, where the shipment originated.

Some members of Congress accuse Peanut Corporation of America of shopping around for negative test results on batches of peanut products that already tested positive for salmonella bacteria.

Peanut products contaminated with salmonella have caused 529 cases of food poisoning in nearly every state and Canada, according to the Centers for Disease Control and Prevention (CDC).

All of Peanut Corporation’s roasted peanuts, granulated peanuts, peanut meal, peanut butter, and peanut paste have been recalled by the FDA. The peanut products have been used in more than 400 other products nationwide, in addition to institutions such as long-term care facilities, cafeterias, and even the U.S. Army.

SOURCE: Personal Injury Attorneys › Probe of salmonella outbreak uncovers earlier peanut problems

Last week we reported how Peanut Corp. found some of their peanut butter to be tainted with salmonella but sold and shipped the products anyway. After the products tested positive for salmonella in internal tests, the company had the products retested by external labs, who reported negative readings.

The re-tests outraged some members of congress, who accused Peanut Corp. of shopping around for negative readings. Others say retesting was inappropriate because the nature of peanut butter makes it possible for salmonella to be present in pockets rather than spread throughout, so that samples taken from a contaminated batch could easily come out negative.

“The situation at the plant is alarming,” said Rep. Waxman. “It shows major gaps in our food safety system. I am extremely troubled by reports that the plant tested positive for salmonella numerous times but nothing was done to ensure that the product did not go on the market.”

Rep. Waxman, who serves as Chairman of the Energy and Commerce Committee, said that the hearings should focus on Peanut Corp.’s Blakely, Georgia, facility, which is where the tainted peanut butter originated. According to the FDA, more than 500 people are reported to have been sickened and at least 8 people have died because of the salmonella outbreak.

The president of Peanut Corporation of America, Stewart Parnell, will be among those called to testify at the hearings. Representatives from two labs used by the Peanut Corp. for testing will also be present. Dr. Frank Torti, Acting Commissioner of the FDA, and Thomas Irvin, Commissioner of the Georgia Department of Agriculture will testify as well.

Rep. Stupak, who chairs the Subcommittee on Oversight and Investigations, believes the FDA may also be at fault for the outbreak. “There are still far too many questions surrounding FDA’s role in allowing the Peanut Corporation of America to distribute contaminated products,” Rep. Stupak said. “We have already requested a number of documents from the company and I hope this hearing will help bring to light not only what went wrong but also what FDA and industry can do to prevent future outbreaks.”

The first hearing will be held on Wednesday, February 11 at 10:00 a.m. ET.

SOURCE: Personal Injury Attorneys › Congress announces first hearing on peanut butter recall

Company records examined by the Food and Drug Administration indicate that the Peanut Corporation had the contaminated products retested by external labs after in-house lab tests found salmonella bacteria.

The most recent re-test of contaminated peanut butter was ordered in September. Health officials began detecting signs of a salmonella outbreak in October.

According to the AP, “Michael Rogers, a senior FDA investigator, said it’s possible for salmonella to hide in small pockets of a large batch of peanut butter. That means the same batch can yield both positive and negative results,” he said. “The products should have been discarded after they first tested positive.”

The Peanut Corporation issued a statement saying that it “categorically denies any allegations that the company sought favorable results from any lab in order to ship its products.”

“We have been devastated by this, and we have been working around the clock with the FDA to ensure any potentially unsafe products are removed from the market immediately,” Stewart Parnell, the company’s president, said.

Congresswoman Rosa DeLauro, D-Conn., who oversees the FDA’s funding, issued a statement in which she is clearly outraged by the Peanut Corp.’s actions.

“The actions by the Peanut Corporation of America can only be described as reprehensible and criminal. Not only did this company knowingly sell tainted products, it shopped for a laboratory that would provide the acceptable results they were seeking. This behavior represents the worst of our current food safety regulatory system,” she said.

“I will be contacting the Department of Justice to request an investigation into the behavior by the Peanut Corporation of America to determine whether their actions warrant criminal prosecution,” DeLauro said.

“We must pursue a zero-tolerance policy when dealing with businesses that intentionally sell tainted products.”

Georgia’s top agricultural official, Tommy Irvin, echoed DeLauro’s call for a Justice Department investigation.

“They tried to hide it so they could sell it,” Irvin said. “Now they’ve caused a mammoth problem that could destroy their company — and it could destroy the peanut industry.”

SOURCE: Personal Injury Attorneys › Peanut Corp. may face criminal charges over salmonella outbreak

According to records kept by the Centers for Disease Control and Prevention (CDC), more than 500 people in 43 states and Canada have become sick after eating products containing the Peanut Corporation of America’s contaminated peanut butter. The FDA blames the salmonella outbreak on eight deaths so far.

Approximately 400 products from several manufacturers have been pulled from store shelves as part of the massive peanut butter recall. Most of the contaminated peanut butter and peanut butter paste made by PCA is used as an ingredient in other products such as cookies, crackers, candy, and ice cream. It is also distributed to a number of institutions and cafeterias.

Federal investigators tested the PCA facility in Blakely, Georgia, where the contamination occurred. They found four different strains of salmonella. However, only one strain — Salmonella Typhimurium — has been found in the company’s food samples.

Because the federal government does not require companies to disclose the results of tests conducted internally, heath regulators were not aware of the contamination. Still, the company likely broke federal law, according to Stephen Sundlof, director of the FDA’s Center for Food Safety and Applied Nutrition.

“Foods are supposed to be produced under conditions that do not render them damaging to health,” he told The Washington Post. Whether the criminal charges could be pressed against the company is not yet clear.

No one knows at this time exactly how the salmonella bacteria migrated from its source to the food, but investigations are still underway. The Blakely plant has suspended operations until more is known about the contamination.

According to health regulators from the state of Georgia, inspection reports indicate the Blakely plant has a long history of unsanitary conditions. Despite any violations, however, no records indicate the company was ever subject to state or federal fines.

The FDA has never inspected the plant itself but relied on the Georgia Department of Agriculture for routine inspections. The FDA claims that it simply does not have enough inspectors to send to all of the nation’s food production plants. Likewise, Oscar Garrison, Georgia’s assistant agriculture commissioner for consumer protection, said that the state doesn’t have enough resources to test all of the state’s food-processing plants and food stores.

Nevertheless, Georgia officials were inspecting the plant last October when the contaminated products were being made. Unfortunately, neither the factory nor the food were tested for salmonella.

Michael Rogers, director of field investigations for the FDA, told The Washington Post that “all inspections are a snapshot in time; they only reveal what is happening at the firm at that particular time.” Assuming the statement is accurate, why didn’t Georgia inspectors leave the PCA plant last October with a snapshot of salmonella contamination?

“The average plant is inspected once every 10 years. This one was getting inspected a couple of times a year by Georgia, but neither they nor the FDA were taking enough enforcement action,” Jean Halloran, the director of food safety for Consumers Union, told The Washington Post.

SOURCE: Personal Injury Attorneys › Company knowingly sold contaminated peanut butter many times

The FDA notified PCA on Monday that samples of peanut butter originating from the company’s facility in Blakely, Georgia, tested positive for the salmonella bacteria. The peanut butter was distributed under the King Nut brand name and sold wholesale to food manufacturers and institutions such as long-term care facilities and cafeterias.

PCA sells its peanut butter in containers ranging from 5 to 1,700 pounds. Its peanut butter paste is sold in bulk containers ranging from 35 pounds to tanker loads.

Jarred peanut butter is safe to eat, the FDA says, but consumers should avoid consuming foods containing peanut butter and peanut butter paste. PCA does not sell its peanut butter directly to consumers in jar form. The FDA is maintaining a continually updated  list of all products affected by the recall.

Stores throughout the U.S. and around the world continue to pull products containing peanut butter off the shelves. While not all products containing peanut butter may be affected, the FDA suggests that it is best to avoid buying and eating them altogether as a precautionary measure until more is known. Affected products were sold between between Aug. 21, 2008, and Jan. 19, 2009.

At this time, tests have confirmed the presence of the salmonella bacteria found in a package of Austin Quality Foods Toasty Crackers with Peanut Butter manufactured by Kellogg of Battle Creek, Michigan. The FDA does not yet know which other specific products contain the contaminated peanut butter.

Products known to be safe, according to their manufacturers, include those from ConAgra, the maker of Peter Pan brand peanut butter, J.M. Smucker, Russell Stover Candies, Inc., and ABC Bakers-Interbake Foods, the maker of Girl Scout cookies. None of the four companies buy peanut butter from PCA.

SOURCE: Personal Injury Attorneys › contaminated peanut butter sparks massive recall

There are several areas in which to be mindful when it comes to keeping yourself and those you love safe during this holiday weekend, or any time when fun and recreation is forefront. Don’t let injury spoil the good times.

A big part of Labor Day weekend is the barbecue. If you’re going to be grilling out, make sure to locate your grill in an area that is well cleared to help prevent the chance of fires. Make sure any lawn or brush under or around the grill is well trimmed and watch for falling embers. Keep a fire extinguisher handy. When you’re done grilling, make sure to check the grill at the end of the evening or before you leave the camp site to make sure the heat is fully extinguished. Supervise young people around the grill.

When preparing for a picnic, make sure to provide adequate refrigeration for cold foods to keep them from spoiling. Keep any raw meat for the grill in a separate sealed container where juices can’t contaminate other foods to protect against the dangers of salmonella or E-coli. Once the meat is on the grill, make sure to cook it thoroughly.

There are a number of considerations for outdoor activities. Make sure that you are protected from too much sun exposure by wearing a sunscreen with a high SPF (sun protection factor) number. You should make sure the sunscreen has been purchased recently so that its active ingredients are still effective, and reapply frequently. Even if a sunscreen says it is “waterproof” or “sunproof,” you should still reapply regularly to make sure you have adequate coverage. Sunscreen is necessary even on cloudy days. Take frequent breaks, and find some shade if possible.

Drink plenty of water to keep your body hydrated. A warning sign of heat exhaustion is if your body stops producing sweat. This means you are very dehydrated.

It also is a good idea to wear insect repellent, reducing the chance of mosquito or other bug bites. Also be mindful of anyone in your group with allergies to insect bites or stings, and pack medicines to combat painful or dangerous reactions.

When traveling to a holiday destination, be mindful of your conduct on busy roadways, and mindful of other drivers. Wear your safety belt and make sure your passengers have proper safety restraints, including children. Do not talk on the cell phone or operate other distracting devices while driving. Pay attention to the road and to other drivers in order to react quickly in the case of an emergency. Always drive the speed limit and do not drink alcohol before or during vehicle operation.

It also is a good idea to make sure you have a first aid kit and emergency supplies like flares and important contact numbers – AAA, roadside assistance, police – prepared for a worst-case scenario.

Safety really boils down to being prepared. Think about safety before you play, and be prepared to react in the event of an emergency.

SOURCE: Personal Injury Attorneys › don’t let safety take a holiday