A Statement From Marler Clark, Attorneys at Law
In light of shocking revelations disclosed by the FDA about the Peanut Corporation of America’s (PCA) Blakey, GA facility, foodborne illness law firm Marler Clark amended the Federal lawsuit it had filed against PCA to allege punitive damages. The complaint was filed last week on behalf of Vermont residents Gabrielle and Daryl Meunier, whose son was sickened in the Salmonella Typhimurium outbreak tied to peanut butter products manufactured in the PCA plant.
Punitive damages are awarded over and above compensatory damages to punish a negligent party because of wanton, reckless, or malicious acts or omissions.
“We do not allege punitive damages in most cases,” said attorney Bill Marler. “Just the most egregious. In fifteen years of litigating food cases, this is one of the worst examples of corporate irresponsibility I have ever seen. Not only does the plant appear to have had atrocious practices, but the product that seems to have repeatedly tested positive for Salmonella but was shipped to hospitals, nursing homes and schools regardless.”
The FDA found:
• 12 positive tests of Salmonella in product manufactured by PCA
• 4 different strains of Salmonella detected on site in Blakely, GA
• Failure to maintain equipment, containers and utensils used to convey, hold, and store food in a manner that protects against contamination
• Failure to perform mechanical manufacturing steps so as to protect food against contamination
• Failure to store finished food under conditions that would protect against microbial contamination
• Plant is not constructed in such a manner as to allow ceilings to be kept in good repair
• Design of equipment and utensils fails to preclude the adulteration of food with contaminants
• Proper precautions to protect food and food-contact surfaces from contamination with microorganisms cannot be taken because of deficiencies in plant construction and design
• Devices and fixtures are not designed and constructed to protect against recontamination of clean, sanitized hands
• Failure to conduct cleaning and sanitizing operations for utensils and equipment in a manner that protects against contamination of food
• Effective measures not being taken to protect against contamination of food on the premises by pests
Salmonella Typhimurium illnesses began appearing in late August 2008. It wasn’t until January 2009 that the link was found to King Nut peanut butter, and then traced to the Blakely, GA plant. The plant produced both peanut butter and peanut paste that was then sold to other companies for use in cookies, cakes, ice cream, candy, nutrition bars, and dog treats. To date 43 states and Canada have reported illnesses. There have been 501 confirmed illnesses, 125 hospitalizations and eight deaths. Over 31 million pounds of peanut products have been recalled. That number is expected to rise.
In a January 27 press release, the industry trade group The American Peanut Council (APC) expressed its “shock and dismay” at the actions of the Peanut Corporation of America, which they said “must be condemned in the strongest possible terms.” They went on to say that “The findings of the FDA report can only be seen as a clear and unconscionable action of one irresponsible manufacturer.”
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We think the best advice is to just stop eating anything you think might contain peanut butter. It is a small price to pay for avoiding a really nasty bout with Salmonella. The individual company recalls just keep rolling in. If you want to check some product against the master list maintained by the U.S. Food & Drug Administration, go
Private Selection Peanut Butter Passion Ice Cream sold in 48-ounce containers with a "Sell by" date of 9-13-2009 under the following UPC Code Number: 0001111054437.
products from its stores and gas stations.
"We urge consumers to postpone eating any products that may contain peanut butter until additional information becomes available," Dr. Stephen Sundlof of the Food and Drug Administration's Center for Food Safety said in a teleconference with reporters.
Perry's Premium Peanut Butter Cup Craze Ice Cream 1/2 Pint
There is bad news today for Blakely, GA. The town of 5,300, where a majority of the population is Black and incomes run less than half that of the statewide average, is now looking at its Peanut Corporation of America plant ceasing production due to
Very early Saturday morning, Kellogg Company recalled certain Austin® and Keebler® branded Peanut Butter Sandwich Crackers and select snack-size packs of Famous Amos® Peanut Butter Cookies and Keebler® Soft Batch Homestyle Peanut Butter Cookies because the products have the potential to be contaminated with
Connecticut says its found the first unopened tub of King Nut peanut butter definitively found contaminated with Salmonella Type B.
Today, the 
FDA and other regulatory agencies have indicated that Peanut Corporation of America (PCA) is the focus of their investigation concerning a recent Salmonella outbreak thought to be caused by tainted peanut butter. PCA is one of several peanut paste suppliers that the company uses in its Austin® and Keebler® branded peanut butter sandwich crackers.
From a Press Release
The CDC reports that 410 persons infected with the outbreak strains of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (8), Arkansas (3), California (55), Colorado (9), Connecticut (6), Georgia (5), Hawaii (1), Idaho (10), Illinois (5), Indiana (4), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (7), Massachusetts (40), Michigan (20), Minnesota (30), Missouri (8), Mississippi (1), Nebraska (1), New Hampshire (10), New Jersey (13), New York (12), Nevada (6), North Carolina (1), North Dakota (10), Ohio (53), Oklahoma (2), Oregon (5), Pennsylvania (12), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (5), Utah (3), Vermont (4), Virginia (17), Washington (11), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 388 persons with dates available, illnesses began between September 3 and December 31, 2008, with most illnesses beginning after October 1, 2008. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 18% were hospitalized and the infection may have contributed to three deaths.
The CDC reports that 410 persons infected with the outbreak strains of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (8), Arkansas (3), California (55), Colorado (9), Connecticut (6), Georgia (5), Hawaii (1), Idaho (10), Illinois (5), Indiana (4), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (7), Massachusetts (40), Michigan (20), Minnesota (30), Missouri (8), Mississippi (1), Nebraska (1), New Hampshire (10), New Jersey (13), New York (12), Nevada (6), North Carolina (1), North Dakota (10), Ohio (53), Oklahoma (2), Oregon (5), Pennsylvania (12), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (5), Utah (3), Vermont (4), Virginia (17), Washington (11), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 388 persons with dates available, illnesses began between September 3 and December 31, 2008, with most illnesses beginning after October 1, 2008. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 18% were hospitalized and the infection may have contributed to three deaths.
The CDC reports that 410 persons infected with the outbreak strains of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (8), Arkansas (3), California (55), Colorado (9), Connecticut (6), Georgia (5), Hawaii (1), Idaho (10), Illinois (5), Indiana (4), Iowa (1), Kansas (2), Kentucky (3), Maine (4), Maryland (7), Massachusetts (40), Michigan (20), Minnesota (30), Missouri (8), Mississippi (1), Nebraska (1), New Hampshire (10), New Jersey (13), New York (12), Nevada (6), North Carolina (1), North Dakota (10), Ohio (53), Oklahoma (2), Oregon (5), Pennsylvania (12), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (5), Utah (3), Vermont (4), Virginia (17), Washington (11), West Virginia (2), Wisconsin (3), and Wyoming (2). Among the 388 persons with dates available, illnesses began between September 3 and December 31, 2008, with most illnesses beginning after October 1, 2008. Patients range in age from <1 to 98 years; 48% are female. Among persons with available information, 18% were hospitalized and the infection may have contributed to three deaths.
Minnesota Department of Health announces late Friday that the have linked thirty illnesses ( and a death) to the consumption of King Nut Peanut Butter (and Parnell's Pride?). There is nothing on the CDC website or other State Health Department sites naming names - yet. On Saturday King Nut and the FDA jointly release a recall notification, but King Nut blames the Peanut Corporation of America (PCA) for its problem. PCA’s lawyers write a press release that tries to deny as much as possible.
The U.S. Centers for Disease Control and Prevention released a breakdown on Friday of the number of cases in each of 42 states involved in a nationwide outbreak of salmonella poisoning that has stricken at least 399 people:
The Centers for Disease Control and Prevention (CDC), the U.S. Food & Drug Administration (FDA), and the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) all have tremendous public relations programs to communicate with the public.
The reported incidence of
Ohio health officials say they are participating in a nationwide investigation to try to identify the contaminated food vehicle for an outbreak of salmonellosis that has been going on since last October.
Wisconsin's Department of Agriculture, Trade, and Consumer Protection is not waiting for someone to get sick with