Abell's Kentucky Law Blog

Salmonella Outbreak Leads To Criminal Investigation

The salmonella outbreak originating from a Georgia peanut processing plant has led to opening of a crimnal investigation the Baltimore Sun reports, "Criminal Investigation Opens for Peanut Plant." The investigation follows disclosures last week that the Peanut Corporation of America knowingly shipped tainted peanut products from the plant. The outbreak has killed at least eight people so far, sickend over 500 and led to one of the largest product recalls in the nation's history. For a list of products recalled click here.

Robert L. Abell
www.RobertAbellLaw.com

Peanut Butter Maker Knowingly Shipped Tainted Product

The Georgia peanut butter maker identified as the source of the salmonella outbreak that has killed eight people and sickened over 500 knowingly shipped salmonella-tainted peanut butter 12 times in 2007 and 2008, the Washington Post reports, "Peanut Processor Knowingly Sold Tainted Products." The Post reports:

Officials at the Food and Drug Administration and the Centers for Disease Control and Prevention, which have been investigating the outbreak of salmonella illness, said yesterday that Peanut Corporation of America found salmonella in internal tests a dozen times in 2007 and 2008 but sold the products anyway, sometimes after getting a negative finding from a different laboratory.

The company was not required to disclose its tainted products to federal or state officials.

In addition to killing eight people and harming more than 500, the salmonella outbreak has caused recall of more than 100 products. To review the list click here.

Robert L. Abell
www.RobertAbellLaw.com

Salmonella Outbreak Produces Lawsuit by Vermont Family

A Vermont family, whose 7 year old son was stricken by salmonella after eating peanut butter, has filed a lawsuit against the Peanut Corporation of America biz.yahoo reports, "Vermont Couple Sues Over Salmonella Outbreak." The lawsuit claims that the child was sickened after eating Keebler Cheese & Peanut Butter Crackers, which have been recalled by Kellogg's.  The salmonella outbreak, which has killed at least six people and sicked 470 spread over 43 states, was linked by the FDA to a peanut butter processing plant in Georgia operated by the Peanut Corporation of America. The FDA maintains a searchable database of products recalled due to the salmonella outbreak that can be accessed by clicking here.  

Robert L. Abell

www.RobertAbellLaw.com

Salmonella Outbreak Spurs Recalls By Kellogg's

Salmonella contamination at a Georgia peanut processing plant and a nationwide salmonella outbreak that has sickened hundreds and killed at least six has caused Kellogg's to recall 16 of its most popular products, the Washington Post reports, "Kellogg's Recalls More Peanut Butter Products." 

Included in the recall are the following popular products:

• Austin Quality Foods Cheese Crackers with Peanut Butter - all sizes  

• Austin Quality Foods Cheese & Peanut Butter Sandwich Crackers - all sizes 
• Austin Quality Foods Mega Stuffed Cheese Crackers with Peanut Butter - all sizes 
• Austin Quality Foods PB & J Cracker Sandwiches - all sizes 
• Austin Quality Foods Super Snack Pack Sandwich Crackers 
• Austin Quality Foods Chocolate Peanut Butter Sandwich Crackers - all sizes 
• Austin Quality Foods Toasty Crackers with Peanut Butter - all sizes 
• Austin Quality Foods Reduced Fat Cheese & Peanut Butter Sandwich Crackers 
• Austin Quality Foods Reduced Fat Toasty Crackers with Peanut Butter Sandwich Crackers  
• Austin Quality Foods Cookie/Cracker Pack  
• Austin Quality Foods Variety Pack 
• Keebler Cheese & Peanut Butter Sandwich Crackers - all sizes 
• Keebler Toast & PB'n J Flavored Sandwich Crackers - all sizes 
• Keebler Toast & Peanut Butter Sandwich Crackers - all sizes  
• Famous Amos Peanut Butter Cookies (2- and 3-ounce) 
• Keebler Soft Batch Homestyle Peanut Butter Cookies (2.5-ounce)   

Further information can be found here:

FDA:http://www.fda.gov/

Kellogg's:http://www.kelloggcompany.com  

Robert L. Abell

www.RobertAbellLaw.com

Salmonella Linked To Peanut Butter Hits Fayette County

The salmonella outbreak linked to peanut butter by Minnesota state health officials has hit Fayette County, according to kentucky.com, "Lexington Salmonella Case Part of Outbreak Linked To Peanut Butter." This was the third salmonella case in Kentucky linked to the peanut butter; people in 43 states have been infected. The peanut butter manufacturer, King Nut, voluntarily recalled the peanut butter. 

Robert L. Abell

www.RobertAbellLaw.com  

Peanut Butter Cited As Salmonella Source

Peanut butter has been cited by health officials in Minnesota as the source of salmonella the Huffington Post reports, "Salmonella Outbreak Across U.S. Linked to Peanut Butter." However, the salmonella bacteria found in Minnesota in a sample of King Nut creamy peanut butter has not been linked to the salmonella outbreak across the country.  399 people in 42 states have been stricken with salmonella poisoning according to the Center for Disease Control and Prevention. Further information on the CDC's investigation can be found at: http://www.cdc.gov/salmonella/. 

Robert L. Abell

www.RobertAbellLaw.com

Food-Borne Illness Case Settled

    As a salmonella outbreak tied to tomatoes has spread into 22 states and the Food and Drug Administration continues to fail to protect the American public, the Associated Press reports the settlement of a food-borne illness case from Milwaukee involving the death of a 3 year old girl from an e-coli related syndrome.  The case involved exposure to tainted meat in 2000 at a Sizzler restaurant in Milwaukee.   Along the way, a trial court judge dismissed the case on preemption ground, accepting the meat producer's argument that it should not be held liable, accountable or responsible because it had complied with FDA regulations in handling the beef.   The lawyer for the child's family described the case "as a study in perseverance."  It is also a case study of how inadequate FDA regulation is in protecting the public and how essential is state tort law in holding corporations accountable to that public.

Robert L. Abell
www.RobertAbellLaw.com

Senator Charges "Criminal Negligence" In FDA's Failure to Protect Food Supply

    As a salmonella outbreak linked to some types of raw tomatoes sickens hundreds of Americans across 17 states, a Republican Senator, Arlen Specter of Pennsylvania, charges the Bush Administration with "criminal negligence" in not moving faster to provide the Food and Drug Administration (FDA) with monies for food protection efforts, the New York Times reports. 
    Last November the FDA released a "food protection plan" but the Bush Administration did not provide any funds for it and did not ask for any money for until Monday, June 9.  This failure Senator Specter informed health and human services secretary Michael O. Leavitt amounted to "criminal negligence" that was "subjecting people to bodily injury and death."  Since 1990 there have been 13 multistate outbreaks of salmonella poisoning related to tomatoes, according to the Centers for Disease Control and Prevention.

Robert L. Abell
www.RobertAbellLaw.com