Personal Injury Law Update

Oregon and Washington Firms Recall Products With Pistachios Due to Salmonella Scare

Consumers have undoubtedly heard about the nationwide recall of pistachio nuts by Setton Pistachio (the nation's second largest pistachio processor) due to fears of salmonella contamination. In recent days, the pistachio recall has affected Oregon and Washington firms.

On April 2, 2009, Harry and David, of Medford, Oregon, announced it was voluntarily recalling three Harry & David products, a Mendiant Assortment, a Capiz Chocolate Tower containing Mendiants, and Fruit and Nut Mendiants, because these products contain pistachios that may be part of the recall by Setton Pistachio of Terra Bella, Inc. due to contamination with Salmonella.

On April 3, 2009, Chukar Cherry Co. of Prosser, Washington, announced that it was voluntarily recalling from nationwide distribution specific best before dates of Chukar brand and Norm Thompson brand packaged products containing pistachios from Setton Pistachio of Terra Bella, Inc. sold directly to consumers or resellers due to potential contamination with the Salmonella organism. Chukar Cherry Co. said it had received no reports of illness related to their products containing pistachios; but the company is issuing this recall as a precaution.

Delphina's Bakery of Portland, Oregon Recalls Peanut Butter Bars and Hippie Cookies

In recent months, there have been thousands of product recalls due to potential salmonella contamination from tainted peanut butter sold by the Peanut Corporation of America.

In our own backyard, the Neighborhood Baking Co., dba Delphina's Bakery of Portland, Oregon, announced today that it is recalling all Peanut Butter Bars and Hippie Cookies, because they may be contaminated with Salmonella. The Peanut Butter Bar and Hippie Cookies were manufactured using peanut products recalled by Peanut Corporation of American because it has the potential to be contaminated with Salmonella.

The Peanut Butter Bar and Hippie Cookies subject to the recall were distributed during the period January 1, 2007 through February 27, 2009, in Oregon and Washington through direct delivery to coffee shops, delis, farmers markets, and in the Delphina's Bakery's retail Café and Bakery outlet on NE. 42nd Avenue, Portland, Oregon.

Oregon Family Testifies About Son's Salmonella Poisoning From Peanut Butter

In testimony last week, Peter Hurley, a 40-year-old officer with the Portland Police Bureau, told the House Commerce Subcommittee on Oversight and Investigations how salmonella-laced peanut products "poisoned" his 3-year-old son, Jacob, causing diarrhea and other debilitating symptoms (at the time of the hearing the young boy was, thankfully, fully recovered).

Refusing to testify was Stewart Parnell, owner of the Peanut Corp. of America ("PCA"), which has been blamed for the salmonella outbreak. Each time he was asked a question, Parnell invoked his constitutional right not to incriminate himself.

But the evidence is damning and maddening. PCA emails released by the subcommittee showed that the company's senior managers did not wait for lab results before shipping a load of peanut product that tested positive for salmonella. Other emails show that Parnell was concerned only with the impact testing was having on his profits, while demonstrating a complete disregard for the safety of consumers. For example, in an October 6, 2008 email to Sammy Lightsey, his plant manager, Parnell said time for the testing "is costing us huge $$$$$$ and causing obviously a huge lapse in time from the time we pick up peanuts until the time we can invoice."

The real question now is whether the government will finally reform a food safety system that subcommittee members agreed is disjointed, riddled with loopholes and lacking tough penalties.

FDA Urges People to Avoid Products Containing Peanut Butter

On Saturday, Federal health authorities urged consumers to avoid eating cookies, cakes, ice cream and other foods that contain peanut butter as an ingredient until investigators can learn more about a deadly outbreak of salmonella contamination. While most peanut butter sold in jars at supermarkets appears to be safe, the peanut paste that is the subject of the investigation (produced at a Georgia facility owned by Peanut Corp. of America) is an ingredient in cookies, cakes and other products that people buy in the supermarket. Kellogg is among the companies that have recalled cookies and other food products containing peanut butter.

So far, more than 470 people have gotten sick in 43 states, at least 90 had to be hospitalized, and at least 6 have died.

Salmonella Food Poisoning Outbreak Sickens 388 people Across 42 States

Center for Disease Control officials announced today that an outbreak of salmonella food poisoning has made 388 people sick across 42 states. The CDC, as well as state health officials, and investigators from the Department of Agriculture and Food and Drug Administration, are still trying to trace the source of the outbreak, which began last September. The particular strain involved in this outbreak is Salmonella typhimurium, which commonly infects poultry, cheese and eggs.

Safe Handling Tips for Pet Foods and Treats

Yesterday, the FDA issued a press release alerting the public that Mars Petcare US had announced a voluntary recall of a limited number of bags of SPECIAL KITTY® Gourmet Blend dry cat food sold at Wal-Mart locations in Connecticut, Delaware, Massachusetts, Maryland, Maine, North Carolina, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, Vermont, and West Virginia. The pet food is being voluntarily recalled following a positive test result indicating a potential contamination with Salmonella.

The FDA offers consumers a list of tips for safe handling of pet foods. In light of the recent press release noted above, consumers should review the list and follow the suggestions.

USDA Issues Public Health Alert For Frozen, Stuffed Raw Chicken Products

Last week, the Food Safety and Inspection Service (FSIS) division of the U.S. Department of Agriculture issued a public health alert raising concerns about illness caused by Salmonella that may be associated with raw, frozen, breaded and pre-browned, stuffed chicken entrees. The alert was initiated after an investigation and testing conducted by the Minnesota Department of Health and Minnesota Department of Agriculture determined there was an association between products such as chicken cordon blue and chicken breast kiev and 32 illnesses in Minnesota and 11 other states.

The stuffed chicken entrees in question were labeled with instructions identifying the product as uncooked, and did not include microwave instruction for preparation. The individuals who became ill did not follow the cooking instructions and reportedly used a microwave to prepare the product.

In connection with the alert, the FSIS provided these recommendations for preventing salmonellosis:

• Wash hands with warm, soapy water for at least 20 seconds before and after handling raw meat and poultry. Also wash cutting boards, dishes and utensils with hot soapy water. Clean up spills right away.
• Keep raw meat, fish and poultry away from other food that will not be cooked. Use separate cutting boards for raw meat, poultry and egg products and cooked foods.
• Cook raw meat and poultry to safe internal temperatures before eating. The safe internal temperature for meat such as beef and pork is 160° F, and 165° F for poultry, as determined with a food thermometer.
• Refrigerate raw meat and poultry within two hours after purchase (one hour if temperatures exceed 90° F). Refrigerate cooked meat and poultry within two hours after cooking.

Washington and Oregon Salmonella Outbreaks Linked to Alfalfa Sprouts

Thirteen cases of Salmonella Typhimirium infection in Oregon and Washington last month (in which at least two people required hospitalization) have been tied to alfalfa sprouts. In response, Sprouters Northwest Inc. has recalled alfalfa sprouts sold in a variety of packages labeled "Alfalfa Sprouts," or as mixed varieties that contain alfalfa sprouts as an ingredient, to grocery stores and possibly other retail outlets in Washington and Oregon. People who bought the label should discard it or return it to the store.

U.S. Department of Agriculture to List Retail Stores Selling Tainted Meat

Earlier this month, Secretary of Agriculture Ed Schafer announced that beginning in August, the U.S. Department of Agriculture (USDA) will begin publicly identifying retail stores that received meat and poultry products involved in Class I recalls. The USDA defines Class I recalls as involving "a health hazard situation in which there is a reasonable probability that eating the food will cause health problems or death." 

According to Schafer, "the identity of retail stores with recalled meat and poultry from their suppliers has always been a missing piece of information for the public during a recall," said Schafer. "People want to know if they need to be on the lookout for recalled meat and poultry [at] their local store and by providing lists of retail outlets during recalls, USDA's Food Safety Inspection Service will improve public health protection by better informing consumers."

The list of retail stores that received products subject to Class I recalls will be listed on the website of the USDA's Food Safety Inspection Service (FSIS), generally within three to ten business days after the recall was issued. The website offers summary data on open and active recall cases.

Read the full release here.

Nationwide Recall of Cantaloupes From Honduran Packer Underway Due to Salmonella Risk

In late March, the FDA announced a nationwide recall of cantaloupes grown, packed and shipped by an independent third-party grower in Honduras. The product was distributed nationwide and in Canada. Based on current information, the cantaloupe grown, packed and shipped from the grower, Agropecuaria Montelibano, appears to be associated with a salmonella outbreak in the United States and Canada.

In persons with poor health or weakened immune systems, salmonella can invade the bloodstream and cause life-threatening infections. Symptoms of food-borne Salmonella infection include nausea, vomiting, fever, diarrhea, and abdominal cramps. Individuals who have recently eaten cantaloupe and experienced any of these symptoms should contact their health care professional.

The FDA advised consumers who have recently bought cantaloupes to check with the place of purchase to determine if the fruit came from the identified grower. If so, consumers should throw away the cantaloupes.