ConAgra Foods, Inc. has asked a multidistrict litigation (MDL) court to sever and transfer the claims of some of the plaintiffs who filed a lawsuit in October 2009 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 10, 2009). The company has also asked the court to dismiss the plaintiffs’ claims for punitive damages, arguing that they have not been sufficiently plead under the new plausibility standard of Ashcroft v. Iqbal, 129 U.S. 1937 (2009). According to ConAgra’s motion, this lawsuit involves five plaintiffs from four different states, raising serious questions of judicial economy and juror confusion, given that evidence is located in four different states and the legal standards of four different states would have to be applied to the claims. The plaintiffs filed their lawsuit in the same…
Tag Archives salmonella
The Food and Drug Administration (FDA) has announced two public meetings to discuss the prevention of Salmonella enteritidis (SE) during the production, storage and transportation of shell eggs. Slated for September 30, 2009, in Chicago, Illinois, and November 5, 2009, in Atlanta, Georgia, the meetings will explain an FDA final rule that requires shell egg producers “to implement measures to prevent SE from contaminating eggs on the farm and from further growth during storage and transportation, and requires these producers to maintain records concerning their compliance.” The agency has anticipated that the rule will prevent 79,000 illnesses and 30 deaths attributed to SE, a leading bacterial cause of foodborne illness in the United States. See Federal Register, August 31, 2009.
“This is Salmonella’s world. We’re just living in it,” claims science writer Karen Kaplan of The Los Angeles Times in this article exploring the evolution of the deadly bug responsible for recent pistachio and peanut recalls. “The bacterium appeared on the planet millions of years before humans, and scientists are certain it will outlast us too. It’s practically guaranteed that Salmonella will keep finding its way into the food supply despite the best efforts of producers and regulators.” Kaplan writes that the rise of Salmonella is due in large part to the industrialization of agriculture and food processing, and that eating trends also play a role. She quotes Robert Tauxe, deputy director of the Centers for Disease Control and Prevention’s division of food-borne diseases, as saying that time-strapped Americans are consuming more preprocessed meals, which means that food has had more opportunity to be contaminated by handlers, machinery and other ingredients.…
A Plainview, Minnesota, milk cooperative has reportedly recalled two years’ worth of food products, including instant non-fat dried milk, whey protein, and fruit stabilizers and gums for fear that they are contaminated with Salmonella. While no illnesses have apparently been linked to the products, which are sold to food manufacturers and distributors only, the recall has been further expanded to products containing these ingredients. Among the other recalled foods are instant oatmeal, hot chocolate mix, popcorn toppings and shake mixes. The U.S. Department of Agriculture reportedly detected Salmonella in a milkshake powder in June, and Food and Drug Administration investigators found the bacteria in the Plainview Milk Products Cooperative plant. See UPI.com, June 29, 2009; USA Today, July 6, 2009; FDA Press Release, July 8, 2009.
During a recent week-long meeting in Rome, Italy, the Codex Alimentarius Commission (CAC) adopted more than 30 standards and guidelines designed to protect consumers’ health, such as cutting the levels of potential cancer-causing chemicals and bacteria in foods. Among the rules adopted by the joint body of the United Nation’s Food and Agriculture Organization (FAO) and the World Health Organization were measures to reduce acrylamide, a chemical by-product of high-temperature cooking processes that has allegedly been linked to cancer. “Applying Codex standards and guidelines are an important part of ensuring that consumers in every part of the world can be protected from unsafe food,” an FAO spokesperson was quoted as saying. CAC also adopted criteria for Salmonella and other bacteria in powdered formula for children ages 6 months and older and microbiological testing parameters aimed at helping producers control and prevent contamination of ready-to-eat foods with Listeria. See Reuters; FoodNavigator-USA.com, July…
The Food Safety Working Group (FSWG) created by President Barack Obama (D) has unveiled a “new, public health-based approach to food safety based on three core principles: prioritizing prevention; strengthening surveillance and enforcement; and improving response and recovery,” according to a July 7, 2009, White House press release. Chaired by Health and Human Services (HHS) Secretary Kathleen Sebelius and U.S. Department of Agriculture (USDA) Secretary Tom Vilsack, FSWG has set in motion several new strategies to advance these principles, including plans to (i) tighten standards governing the safety of eggs, poultry and turkey; (ii) increase inspections at beef facilities; (iii) issue new industry guidance for leafy greens, melons and tomatoes; (iv) build a trackback and response system incorporating “clearer industry guidance, a new unified command system and improved use of technology to deliver individual food safety alerts to consumers”; and (v) strengthen the organization of federal food safety functions. FSWG…
UK scientists have shown in new research that the food-poisoning bug Salmonella relies on glucose for its survival, a discovery that could apparently provide a new way to vaccinate against it. Steven D. Bowden, et al, “Glucose and glycolysis are required for the successful infection of macrophages and mice by Salmonella enterica serovar Typhimurium,” Infection and Immunity (April 20, 2009). Institute of Food Research (IFR) scientists claim that their discovery of Salmonella’s weakness for sugar could also lead to vaccine strains to protect against other disease-causing bacteria, including superbugs. “This is the first time that anyone has identified the nutrients that sustain Salmonella while it is infecting a host’s body,” said study co-author Arthur Thompson in a statement from IFR, which called the discovery “a major breakthrough.” The next phase of the research will reportedly test whether mutant strains elicit a protective immune response in mice. See IFR Press Release, May 2009.
The Food and Drug Administration (FDA) has announced that U.S. marshals executed an inspection warrant at Westco Fruit and Nuts, Inc., in Irvington, New Jersey, after the company refused to recall its peanut products or provide access to distribution documents in the wake of the Salmonella outbreak involving peanuts from the Peanut Corp. of America (PCA). An FDA spokesperson said, “FDA’s enforcement action against Westco Fruit and Nuts is an appropriate step toward removing potentially harmful products from the marketplace, especially when, as in this case, a company is unwilling to share information FDA needs to ensure food safety. FDA uses all appropriate legal means necessary to obtain information and fully investigate firms or individuals who put the health of consumers at risk.” Apparently, Westco purchased oil-roasted and salted peanuts from PCA in November and December 2008. It sold them in various sizes and packages and used them as an…
Food litigator William Marler has reportedly filed the first lawsuit against CW Sprouts for a recent Salmonella Saintpaul outbreak that purportedly sickened more than 100 in Colorado, Iowa, Kansas, Nebraska, and South Dakota. Stephen Beumler of Omaha apparently claims that he ate a sandwich with the company’s alfalfa sprouts and fell ill with the Salmonella strain traced to its products. Filed in a federal court in Nebraska, the lawsuit alleges product liability, negligence and violations of implied warranties of merchantability. Beumler reportedly seeks unspecified damages and attorney’s fees. See U.S. Food Law Report, April 3, 2009.
The Food and Drug Administration (FDA) has warned consumers to avoid eating all pistachio and pistachio-containing products after a California-based processor issued a voluntary recall for its entire 2008 crop due to suspected Salmonella contamination. Meanwhile, the agency has praised Kraft Foods Inc. for demonstrating how the country should handle food safety issues. Kraft voluntarily notified FDA after one of its suppliers, Georgia Nut Co., discovered Salmonella on its pistachios during routine testing and traced the tainted products to Setton Pistachio of Terra Bella, Inc, the nation’s second-largest pistachio processor. “You can call it a fluke, you can call it good luck, or you can call it good judgment on the part of Kraft,” David Acheson, FDA’s associate commissioner on food safety, was quoted as saying. “They’re not required to tell us. They did and we’re moving on it.” See Foodproductiondaily.com, March 31 and April 3, 2009; The Associated Press, April 2,…
