A recent study has homed in on a possible explanation for colony collapse disorder (CCD), a mysterious ailment behind the destruction of honeybee hives worldwide. Jerry J. Bromenshenk, et al., “Iridovirus and Microsporidian Linked to Honey Bee Colony Decline,” PLoS One, October 2010. Researchers apparently found that a combined fungal and viral infection led to 100 percent fatality among bees exhibiting CCD, which disorients and disperses hive members. Although previous studies had evidently suspected small RNA bee viruses or other pathogens, no single factor has been “firmly linked to honey bee losses,” according to the study abstract. Using mass spectrometry-based proteomics (MSP) “to identify and quantify thousands of proteins from healthy and collapsing bee colonies,” the authors concluded that “co-infection” by invertebrate iridescent virus (IIV) and the microsporidia Nosema ceranae is “a probable cause of bee losses in the USA, Europe, and Asia.” Nevertheless, they also stressed the need for further…
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A multidistrict litigation (MDL) court has dismissed the claims of 16 plaintiffs who alleged that they or their minor children became ill as a result of eating peanut butter contaminated with Salmonella. In re ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845 (N.D. Ga., decided September 29, 2010). According to the court, “The best way to show that peanut butter is contaminated with Salmonella is to test the peanut butter itself. The fact that the peanut butter was recalled does not mean that it was contaminated. In fact, most of the recalled peanut butter was free of Salmonella contamination.” Noting that the plaintiffs could also use circumstantial evidence to show that they ate contaminated peanut butter, the court determined that these plaintiffs could not show that the peanut butter they ate was made at the affected plant during the outbreak period (by means of a product code stamped on…
Austin DeCoster, who owns the Iowa egg production facility at the center of a Salmonella outbreak that has sickened hundreds, reportedly testified during a U.S. House Energy and Commerce subcommittee hearing that his company “was horrified to learn that our eggs may have made people sick.” DeCoster was also quoted as saying, “We apologize to everyone who may have been sickened by eating our eggs.” With evidence apparently mounting that DeCoster operations have been flouting worker, environmental and food safety regulations for years, it is reportedly becoming clearer to legislators that food safety “is a public health imperative” that should be addressed at the federal level. DeCoster egg farms on the East Coast were reportedly responsible in the 1980s for Salmonella outbreaks that killed a number of people and sickened hundreds more, leading several states to ban the sale of his eggs. During the hearing, Democratic Representative Edward Markey (Mass.)…
A putative class action has apparently been filed in a federal court in Illinois by six named plaintiffs who allegedly became ill after consuming Salmonella-tainted eggs from Wright County Egg and Hillandale Farms in Iowa. The plaintiffs’ attorney has reportedly been given permission to inspect the farms for evidence. According to a news source, the plaintiffs allege that the companies’ negligence is responsible for the outbreak and suggest that more than the known 1,500 individuals sickened by the contaminated eggs could be class members. In a related development, news sources report that Wright County Egg had dozens of positive results for Salmonella from swabs taken on conveyor belts and in other facility areas as early as 2008 and failed to notify local, state or federal officials. Animal safety experts reportedly called such contamination “surprising” and suggested that repeated positives indicate the company was not “getting to the root cause of what the…
Consumer groups recently released a report urging the U.S. Senate to pass its version of a food safety bill (S. 510) in light of a recent egg recall linked to foodborne illness. Published by the Center for Science in the Public Interest (CSPI), the U.S. Public Interest Research Group and the Consumer Federation of America, the report examines “85 recalls that have taken place in the year since food safety reform moved to the U.S. Senate.” The U.S. House of Representatives passed its food reform bill (H.R. 2749) on July 30, 2009. “The recalls involved tons of foods, including many name-brand products from more than 150 companies,” according to the report, which purportedly found that a majority of the recalls involved Salmonella and Listeria. “While most of the recalls were not connected to outbreaks, illnesses were associated with nine recalls that together were associated with 1,850 reported illnesses.” “Recalls and…
According to a news source, a federal court in Virginia, adopting a magistrate judge’s recommendation, has approved a $12 million settlement that will compensate those who became ill or died after consuming products containing Salmonella-contaminated peanuts. In re: Peanut Butter Corp. of Am., No. 10-cv-27 (W.D. Va., decided September 2, 2010). Among the 122 eligible claimants are 45 minors and nine wrongful death claimants. The contaminated peanut butter and peanut paste were used in hundreds of products and led to a massive recall of foods such as candy, crackers and cookies. The outbreak purportedly sickened more than 700 people throughout the country and was linked to nine deaths. The settlement has reportedly been funded by the insurance carrier for the bankrupt peanut company. See Mealey’s Litigation Report: Food Liability, September 2, 2010. Meanwhile, The Associated Press (AP) has reported that the peanut company’s former president is currently employed as an industry consultant.…
Responding to media reports that workers at the egg facilities linked to a recent nationwide Salmonella outbreak complained about food safety problems, Senator Chuck Grassley (R-Iowa) has written to U.S. Department of Agriculture (USDA) Secretary Tom Vilsack asking whether these complaints were investigated and whether the agency has a process for reporting safety violations. Grassley acknowledges that USDA places only non-food safety personnel at egg farms to grade the eggs. Still, he asks whether “there is an established process for USDA employees to report food safety concerns to the FDA [Food and Drug Administration, which has the responsibility for food safety] when they fall outside of USDA’s jurisdiction?” According to press reports, two former Wright County Egg facility employees said they told USDA employees that they had observed problems such as leaking manure, rodents and dead chickens at the facilities. They also apparently claimed that USDA employees “would just turn…
A magistrate judge has reportedly recommended that the trustee in bankruptcy for the Peanut Corp. of America (PCA), responsible for a Salmonella outbreak linked to nine deaths and hundreds of illnesses, distribute $12 million to resolve the tort claims of 120 individuals. The deal, which must be approved by a U.S. district court, involves insurance funds provided by Hartford Casualty Co. in 2009 and will apparently be supplemented by additional undisclosed funds from Kellogg Co. Virginia-based PCA recalled its peanut products and closed plants in Georgia and Texas following an outbreak that also led to a massive recall of processed foods containing the company’s peanut paste, such as snack products, cookie dough, granola bars, and dog biscuits. See Product Liability Law 360, August 26, 2010.
Linking a Salmonella Typhi outbreak to frozen mamey fruit pulp, the Food and Drug Administration (FDA) has urged consumers to discard La Nuestra® or Goya® fruit products in their possession and find out what brand is in use by street vendors before purchasing the mamey fruit-based juices and fruit shakes they sell. At least nine consumers in California and Nevada have apparently developed typhoid fever from the outbreak. FDA has also indicated that it will increase its border sampling to prevent contaminated product from entering the United States. See Product Liability Law 360, August 20, 2010.
A federal court in California has reportedly dismissed claims that ConAgra Foods, Inc. provided inadequate cooking instructions on its chicken pot pie products. Meaunrit v. ConAgra Foods, Inc., No. 09-02220 (N.D. Cal., decided July 20, 2010). More than 250 people purportedly got sick after eating the company’s pot pies in 2007 in a Salmonella outbreak that led to a nationwide recall. The named plaintiff in this putative class action apparently did not get sick, but claimed that the company put human health at risk by providing inadequate cooking instructions too difficult for the average consumer to understand. She also alleged that the company’s production facilities subjected consumers to food borne illnesses by failing to adequately prevent bacterial contamination of its products. According to the court, federal agencies pre-approved ConAgra’s product labeling and, “[b]ecause the pre-approval process includes a determination of whether the labeling is false and misleading, and the gravamen of…
