U.S. Representative Henry Waxman (D-Calif.) has requested that the Kellogg Co. provide documentation to the Committee on Energy and Commerce concerning the possible contamination of millions of cereal boxes with the chemical 2-methylnaphthalene. In his August 2, 2010, letter, Waxman refers to the June recall of more than 25 million boxes of “Corn Pops, Honey Smacks, Fruit Loops, and Apple Jacks cereal” and notes that while at least one study has shown the chemical at issue “may cause lung injuries in adults[, t]here are no studies indicating whether children are more susceptible.”

Waxman cites a news article indicating that Kellogg destroyed tainted packaging before issuing the recall, and he seeks documents relating to (i) the company’s food safety policies and procedures; (ii) “any assessments of the health risks posed by 2-methylnaphthalene conducted by, commissioned by, or requested by your company, including a copy of the health risk assessment created by your company and any internal and external communications regarding that health risk assessment”; and (iii) the company’s investigation and recall, “including any documents relating to the presence of 2-methylnaphthalene or any other chemicals in the cereals or in the cereals’ packaging.” The information is requested by August 16, 2010.

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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.

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