... and Justice for All

Lobbying & Loopholes; Why There May Be No Criminal Liability for Individual GM Employees

The New York Times writes on the apparently-successful lobbying efforts that will likely preclude any criminal liability for individual GM employees responsible for the ignition defect and efforts to cover it up. See Laws Hinder Prosecutors In Charging GM Employees In Ignition Defect.  

Here's the gist:

For nearly 50 years, legislative attempts to provide prosecutors additional leeway to criminally charge automakers and their employees have been quashed.

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The pattern of loopholes and legislative victories illustrates the lobbying might and political clout of the auto industry, even as it careens from one safety crisis to another.

As has been said, "money doesn't talk it swears."

Robert L. Abell
www.RobertAbellLaw.com

 

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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  

Safe Kid's Toys Website

Parents concerned about the safety of kid's toys can find helpful information on a website, amomsblog.wordpress.com, established by an Alabama mother, Trisha Gilbert, the Detroit Free Press reports, "Web Sites Helping Parents Choose Safer Toys For Kids."  Although the Consumer Protection Safety Commission banned the use of a toxic substance, phthalates, in the manufacture of toys the ban does not take effect until February 10, 2009, and toys made before that date containing phthalates may still be sold.  Parents may also find additional, helpful information at healthytoys.org and on the CPSC's website, www.recalls.gov.

Robert L. Abell
www.RobertAbellLaw.com

Mislabeled Insulin Syringes Recalled

Mislabeled insulin syringes manufactured by Covidien. Ltd. and sold by Wal-Mart and Sam's Club stores have been recalled, according to a report in the New York Times, "Insulin Syringes Are Recalled."  The recall was announced by the Food and Drug Administration.  The mislabeling could cause patients to receive 2.5 times the normal dose; approximately 471,000 syringes, which go by the brand name ReliOn, are said to affected.

Robert L. Abell
www.RobertAbellLaw.com

Drop Side Crib Recall

Following the death of one child and harrowing incidents involving others the Consumer Product Safety Commission announced today the recall of about 600,000 drop side cribs manufactured by Delta Enterprise Corp.  The drop side of the defective cribs can detach when its spring peg is not engaged.  Further and detailed information can be obtained at the CPSC website by clicking here.

Robert L. Abell
www.RobertAbellLaw.com

Unsafe Drugs Approved & Pulled From Market By FDA

23 different drugs have been approved by the Food and Drug Administration only later to be pulled from the market by the agency in the last 11 years when they have been proven unsafe.  The Boston Globe, "No Haven For Dangerous Drugs," reports on this shockingly bad oversight record and on the ongoing efforts by pharmaceutical companies to obtain legal protection from any liability for their dangerous drugs based solely on their ability to obtain approval from the FDA.  This legal strategy by the pharmaceutical companies will be reviewed by the United States Supreme Court in the case of Wyeth v. Levine.  The argument of the drug companies is that if the FDA approves a drug they cannot be held liable or responsible if their drug later kills or severely injures an individual.

The inability of the FDA to exercise proper oversight and review of new drugs has been acknowledged even by the agency itself.  In a speech in March, FDA Commissioner Dr. Andrew C. von Eschenbach admitted that the agency "may fail in its mission to protect and promote the health of every American" and that "peril exists."  The commissioner merely echoed the findings of the FDA Science Board reporting, among other things, that the agency does not have the capacity to ensure the safety of the nation's food, cannot adequately regulate the development of medical products based on "new science," cannot fulfill its mission because its scientific base has eroded, its scientific workforce lacks sufficient capability and capacity and its information technology system is inadequate including internal e-mail systems prone to frequently breaking down.  The report is titled "FDA Science and Mission at Risk."   

Robert L. Abell
www.RobertAbellLaw.com