The U.S. Centers for Disease Control and Prevention (CDC) and Food and Drug Administration (FDA) are reportedly investigating a Salmonella typhimurium outbreak implicating King Nut and Parnell’s Pride brand peanut butters manufactured by the Peanut Corporation of America (Peanut Corp.) and sold to non-retail food establishments. Health departments have purportedly linked the outbreak to more than 400 illnesses and possibly five fatalities, prompting Peanut Corp. to issue a voluntary recall for 21 lots of peanut butter produced since July 1, 2008, at its Blakely, Georgia, facility. In addition, Kellogg Co. has since issued recalls for its Austin and Keebler brand peanut butter crackers as a precautionary measure. See King Nut Press Release, January 12, 2009; Law 360 and Health Day Reporter, January 13, 2009; Kellogg Co. Press Release, January 14, 2009; The Associated Press and The Wall Street Journal, January 15, 2009.

Meanwhile, plaintiffs’ lawyers have apparently cited the incident in urging stricter food safety regulations and heightened corporate responsibility. Attorney Bill Marler praised Kellogg Co. on his law blog for its quick actions, but questioned the delay of the CDC, FDA and Peanut Corp. in detecting the contamination. Personal injury lawyer Fred Pritzker also told reporters that government agencies and companies must devote more resources to preventative measures and earlier detection, pointing to an earlier nationwide foodborne illness outbreak that FDA wrongly attributed to U.S.-grown tomatoes. Media sources noted that litigation filed as the result of a 2008 peanut butter contamination case is still ongoing. See FoodNavigator-USA.com, January 12, 2009; Marler Blog, January 13 and 14, 2009.

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