According to a news source, the families of those who died or became ill from
consuming Salmonella-tainted peanut products scheduled a February 11,
2011, press conference to call for the Department of Justice (DOJ) to bring
criminal charges against the man who headed the bankrupt Peanut Corp.
of America, to which the contamination was allegedly traced. More than
700 people were said to have experienced ill effects during the 2008-2009
outbreak and at least nine died. Former Peanut Corp. CEO Stewart Parnell
invoked the Fifth Amendment when called to testify before Congress, and,
despite a two-year investigation by the U.S. attorney’s office, no charges have
yet been filed.

The press conference coincided with a food safety seminar at the American
University Washington College of Law at which some of the family members
were scheduled to speak along with plaintiffs’ lawyer William Marler, who
has represented a number of those allegedly affected by the tainted peanut
butter. Oregon resident Karen Andrew, who claims that the ill effects she
experienced lingered for a year, was quoted as saying, “Something should be
done. [Parnell] hasn’t paid a price.” Parnell’s lawyer said he and Parnell, who
now works as an industry consultant, hoped the government would agree
that “there’s no basis for prosecution.”

Meanwhile the Governmental Accountability Project, a whistleblower
protection organization, also participated in the seminar to bring to the food
industry’s attention new Food Safety and Modernization Act provisions that
protect workers who report safety violations in plants regulated by the Food
and Drug Administration. The new law reportedly protects workers from
retaliation if they report violations of the food safety act or refuse to perform
work they believe is illegal. The Department of Labor and the courts will
have the authority to reinstate fired whistleblowers and award back pay with
interest, attorney’s fees and other damages. See Government Accountability
Project Press Release, February 9, 2011; Oregon Live, February 10, 2011; and
Bloomberg Businessweek, February 11, 2011.

About The Author

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.

Close