A Nebraska-based manufacturer has voluntarily recalled a canine joint formula due to possible Salmonella contamination linked to hydrolyzed vegetable protein (HVP). According to the April 13, 2010, notice, Response Products has recalled a meat-flavored supplement for dogs because it contained components supplied by Basic Food Flavors, Inc., the company at the center of a nationwide HVP recall. Cetyl M™ for Dogs was “distributed in either a 120-count bottle (shipped between January 8, 2010 and April 2, 2010) or a 360-count bottle (shipped between February 11, 2010 and April 2, 2010).” While no lots have tested positive for Salmonella and no human or animal illnesses associated with use of the supplement, Response Products has warned that “People who handle dry pet food and/or treats can become infected with Salmonella, especially if they have not thoroughly washed their hands after having contact with the chews or any surfaces exposed to these products.”
Tag Archives salmonella
A California resident has filed a putative class action in federal court against Kellogg Co., alleging that the company misled consumers by claiming its snack products were healthy and nutritious and met “stringent food safety requirements,” when in fact they contained Salmonella-contaminated peanut paste supplied by the Peanut Corporation of America. Benavides v. Kellogg Co., No. 10-02294 (C.D. Cal., filed March 29, 2010). The Peanut Corp. Salmonella outbreak led to a massive recall of food products, including Kellogg’s Austin® and Keebler® branded sandwich crackers and cookies. The complaint alleges that Kellogg hired unqualified private inspectors to audit its suppliers’ manufacturing plants while claiming that its suppliers met Codex Alimentarius Commission standards. The plaintiff seeks to certify a nationwide class of consumers with alleged monetary injury. He alleges (i) unlawful business acts and practices in violation of California’s Sherman Food, Drug and Cosmetics Law and Consumer Legal Remedies Act; (ii) deceptive marketing and…
A meat manufacturer that recalled more than 1 million pounds of meat products linked to a Salmonella outbreak that purportedly sickened more than 250 consumers in 44 states has reportedly sued the companies that supplied the red and black pepper allegedly identified as the source of the contamination. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-155 (D.R.I., filed March 30, 2010). Seeking compensatory, punitive and exemplary damages, the plaintiff apparently alleges that it recalled more than 1.2 million pounds of meat, including salami, prosciutto and pancetta, refunded more than $1.5 million to customers, incurred transportation and shipping costs, and lost customers and future profits. The company reportedly purchased more than 50,000 pounds of pepper from one defendant and more than 40,000 pounds of pepper from the other in 2009. According to a news source, public health officials traced the Salmonella strain to the black and crushed red pepper…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued temporary labeling guidance for products that contain hydrolyzed vegetable protein (HVP) recently recalled for Salmonella contamination. As companies reformulate their products due to the recall, existing labels are likely to be out of compliance and may require temporary approval for continued use. To obtain temporary approval, companies are asked to follow the instructions highlighted on the FSIS website and submit a request to the FSIS Labeling and Program Delivery Division, which will expedite the requests marked clearly with a justification such as “HVP temporary label submission.” FSIS will grant temporary approval for any product if the HVP is removed and any replacement ingredients do not represent an allergen concern. “In situations where negative claims or nutrient content claims appear on labeling, it is critical to stipulate that all claims will continue to be met, or provide information…
The Food and Drug Administration (FDA) has reportedly met with spice industry representatives to consider ways to make spices safer amid a nationwide Salmonella outbreak linked to black and red pepper. According to a news source, FDA wants companies to prevent contamination by using one of three methods to rid spices of bacteria: irradiation, steam heating or fumigation with the pesticide ethylene oxide. The American Spice Trade Association is expected to address the issue at its annual meeting to be held April 25-28, 2010, in Naples, Florida. Although FDA does not possess authority to order manufacturers to treat their products, the agency recently reaffirmed its intention to take a closer look at spice handling “from farm to table” and to create a spice risk profile focusing on “microbiological contaminants and filth issues related to spices.” As FDA stated in a March 17, 2010, press release, this risk profile will help determine…
Food and Drug Administration (FDA) inspectors issued a report March 4, 2010, stating that Basic Food Flavors, Inc., the Las Vegas-based company at the center of a massive and growing food recall, “continued to distribute HVP [hydrolyzed vegetable protein] paste and powder products” for nearly a month after receiving the first lab results “indicating the presence of Salmonella in your facility.” While no illness has apparently yet been attributed to the HVP, it is used in dozens of products. As of March 11, FDA had identified some 150 products containing HVP, including bouillon, dressing and dressing mixes, frozen foods, ready-to-eat meals, sauces and marinades, snacks and snack mixes, soups, soup mixes and dip mix products, and stuffings. According to some quality management specialists, this outbreak could be particularly challenging because HVP is considered a generic commodity; it can be purchased from many different suppliers, stored without an effective tracking system for…
According to a news source, some 120 of those purportedly sickened by Salmonella-contaminated peanut butter and their attorneys should soon begin receiving a share of a $12 million Hartford Insurance Co. policy held by the Peanut Corp. of America. Those sharing the settlement filed claims by October 31, 2009, as part of the company’s bankruptcy proceeding. The outbreak reportedly took the lives of nine people and sickened 700 who apparently ate peanuts and peanut paste traced to a company plant in Blakely, Georgia. See The Columbus Dispatch, February 2, 2010.
The New York Times recently published an investigative report that questions the safety of beef processed with ammonia to kill E. coli and Salmonella. According to the article, the U.S. Department of Agriculture (USDA) has exempted one company, Beef Products Inc. (BPI), from routine testing requirements since 2007 because the processor apparently claimed that its ammonia treatment destroyed pathogens “to an undetectable level.” A supplier for fast-food chains and the school lunch program, BPI also purportedly indicated that its ammoniated trimmings, when mixed with untreated meat, would sterilize ground beef. “Given the technology, we firmly believe that the two pathogens of major concern—E. coli O157:H7 and salmonella—are on the verge of elimination,” BPI founder Eldon Roth allegedly told USDA in 2001. “But government and industry records obtained by The New York Times show that in testing for the school lunch program, E. coli and salmonella pathogens have been found dozens…
ConAgra Foods, Inc. has asked a multidistrict litigation (MDL) court to sever and transfer the claims of 68 plaintiffs from 14 different states in an action (Bowman v. ConAgra Foods, Inc.) recently filed against the company arising out of the purported Salmonella contamination of its peanut butter. In re: ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845 (N.D. Ga., motion filed November 24, 2009). The motion is similar to one filed earlier in November. Additional details about that motion appear in issue 327 of this Update. While ConAgra does not object to the court retaining jurisdiction over the Bowman claims for purposes of pre-trial proceedings, it asks that the plaintiffs’ claims be severed and transferred for trial because they were improperly joined and “because trial of these claims as a single action is likely to result in undue prejudice to the litigants and confusion to the jury,” which would have to apply…
U.S. Senator Dianne Feinstein (D-Calif.) has introduced legislation (S.B. 2819) “to require that food producers take responsibility for keeping food free from harmful pathogens,” according to a November 30, 2009, press release. The Processed Food Safety Act would amend the Poultry Products Inspection Act, Federal Meat Inspection Act and Federal Food, Drug and Cosmetic Act to “prohibit the sale of any processed poultry, meat and FDA-regulated food that has not either undergone a pathogen reduction treatment, or been certified to contain no verifiable traces of pathogens.” The Act also includes provisions to (i) require that “labels on ground beef, or any other ground meat product, specifically name every cut of meat that is contained in the product,” and (ii) close loopholes “in current laws that allow for producers to add coloring, synthetic flavorings and spices to their products without informing the consumer.” In announcing the bill, Feinstein highlighted a recent…
