More than 200 Chinese families whose children were sickened after consuming melamine-contaminated milk products have reportedly filed suit against a group of 22 milk producers before the Supreme People’s Court in Beijing. Earlier class action suits filed in Chinese courts were not accepted, so it is unclear whether this action will proceed. According to Lin Zheng, who is coordinating the litigation for a group of volunteer lawyers, this lawsuit includes four dead children not previously accounted for in government statistics. Lin also indicated that the lawyers will file another lawsuit on behalf of the survivors of a fifth unacknowledged dead child. The government reported that six children died and nearly 300,000 became ill with kidney stones and other problems. The latest action includes a demand for more than $5.2 million in compensation.

In a related development, a dairy middleman, convicted of selling 600 tons of melamine-tainted “protein powder” to dairy companies, and another dairy producer were sentenced to death for their role in the scandal, according to news sources. A third man was also sentenced to death, but, with a two-year reprieve, he could be spared. The former chairwoman of the Sanlu Group, one of China’s largest dairy companies and allegedly at the epicenter of the milk-contamination scandal, was sentenced to life in prison. She pleaded guilty for her failure to stop producing and selling the milk products even after learning they were defective and was also fined about US$3 million. Some of the victim’s relatives reportedly thought she had gotten off lightly for her conduct and “should be shot.”

The Intermediate People’s Court in Shijiazhuang reportedly sentenced other company executives to five to 15 years in prison and imposed a fine of US$7.3 million on the company which recently filed for bankruptcy protection. Parents protesting outside the courtroom where the sentencing occurred were apparently dissatisfied with the outcome, calling for government officials to take responsibility. See Product Liability Law 360, January 20, 2009; Associated Press, January 20 and 22, 2009; The New York Times, January 21 and 23, 2009; and GMA Food Safety Daily Digest and The Seattle Times, January 22, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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