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Peanut Corporation of America
Fri Jul 02, 2010 at 06:00:00 AM PDT
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I recently had the privilege of interviewing two food poisoning victims, each from famous recent national outbreaks. There are many differences between them, but there are three major similarities: They provided the health departments with the samples that conclusively linked their illness to the tainted food products, they have changed their diets in similar ways to avoid food poisoning in the future, and they are upset that the government has done nothing (YET) to make our food supply safer (but hope the Senate will vote on the food safety bill soon).
Jacob Hurley accompanies his dad to testify before Congress
This is a cute kid. But, if things had gone a little bit differently, he's a cute kid who wouldn't still be here today. I spoke to his dad, Peter, who works as a policeman in Oregon. Jacob (who goes by Jake) was three years old when he got sick.
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Sun Apr 12, 2009 at 16:15:00 PM PDT
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Tooo funny! Lawyer Bill Marler received a nasty email from Hugh Parnell - Stewart's little brother.
You have got to be a money crazy son of a bitch, with a big mouth. People
like you arn't (sic) interested in the problem. You are only trying to feather
your own nest. I hope that some day that I can meet you. You have to be a
real ass hole.... Hugh Parnell
Marler is perhaps the best known lawyer who defends victims of foodborne illnesses. And the peanut company at the heart of the salmonella outbreak this year was the Parnell family business. Guess Hugh's a little bitter.
My own take on Marler is that he DOES legitimately care about the victims of foodborne illness and he's not just chasing ambulances for money. He's seen many heartbreaking stories up close and personal and he truly wants to help the victims and prevent future sicknesses and deaths. After seeing what he's seen, you'd have to be a monster not to care deeply about how to prevent future food safety problems.
Here's a little bit of advice to Hugh Parnell: Next time you're drinking, turn the computer OFF first so you don't send any emails you may regret.
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Thu Mar 19, 2009 at 17:08:43 PM PDT
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This morning the House Energy & Commerce committee subcommittee on Oversight & Investigations held a hearing on the salmonella peanut butter outbreak. It was their 3rd in a series of three, this time focused on the companies supplied by Peanut Corporation of America and their lapse in food safety vigilance that allowed this to happen.
Opening statements, written testimony, and documents for the hearing can be found here.
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Wed Feb 18, 2009 at 23:49:07 PM PST
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Oh how I am loving Bill Marler right about now. The other day I went looking for Peanut Corporation of America's website. I figured it would have some info about the company, plus some amusing marketing text about how great they are. By this point, the site is nothing but a bunch of press releases about recalls.
But nothing ever goes away on the Internet. Bill Marler went and found all the fun stuff that I couldn't find myself :) In a post called Where Peanut Butter Web Pages Go To Die he quotes the old site. Here's my favorite paragraph
Safety and Quality do make a difference. We have a remarkable Food-Safety record, developed in an environment committed to continuous training and state-of-the-art Food Safety techniques. From the corporate office to the plant floors, our comprehensive Quality Control program assists us in preventing error, reducing waste, meeting requirements, measuring results and satisfying our customers.
Oh, yes! They DO have a remarkable food safety record. In fact, the entire national press corps is abuzz talking about it! Marler's got a second post of internet fun up here. Also, he mentions that due to the recent bankruptcy of PCA, he's changing all of his lawsuits to name Stewart Parnell as the defendant instead of the corporation. So... nice try Parnell!
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Tue Feb 17, 2009 at 07:12:31 AM PST
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(cross-posted at Orange)
We already know that Stewart Parnell better have a lawyer on speed dial for his (in the words of Rosa DeLauro) "reprehensible and criminal" behavior. A lot of people have suggested--quite rightly, in my view--that he is guilty of second-degree murder, or at the very least, manslaughter. It's my considered opinion that this is second-degree murder--an important distinction, because this means Parnell could face RICO charges at both the criminal and civil level.
Based on what we know so far, Parnell's behavior, not just in the events immediately before the salmonella outbreak, but for several years, are the very definition of second-degree murder. In order to prove second-degree murder, you have to prove that the defendant acted with reckless disregard and indifference for human life. You need only look at the emails Parnell sent out ordering the shipping of tainted material. If ordering products to be shipped which you know contain salmonella doesn't constitute reckless disregard and indifference for human life, what does?
But even more damningly, we got proof on yesterday's Good Morning America that Parnell knew there were unsanitary conditions at one of his plants and failed to clean it up.
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Sat Feb 14, 2009 at 00:21:22 AM PST
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Na na na na, na na na na, hey hey hey... goodbye! PCA, Peanut Corporation of America, the company that caused the salmonella outbreak through severe criminal negligence, has declared bankruptcy. They filed chapter 7 and they will liquidate their assets. Please pardon me if I don't shed a tear for them. Oh wait - here's a reason to cry. According to Jean Halloran of Consumers Union:
PCA's declaration of bankruptcy will, among other things, shield it from liability suits filed by consumers who became sick or whose loved ones died as a result of eating PCA's peanut products.
Fortunately, it looks like lawyer superstar Bill Marler knows where to get the victims some justice.
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Wed Feb 11, 2009 at 11:10:27 AM PST
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Thanks to Obama Foodorama and Civil Eats for their continual updates and entertainment this morning over the peanut hearings on Twitter. See their Twitter feeds below.
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Mon Feb 09, 2009 at 16:03:29 PM PST
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What's going on in the world of peanuts? Well, funny you should ask.
- Despite previous statements to the contrary, PCA did sell food directly to retailers - specifically, to Dollar Tree Stores, Dollar General, 99 Cent Stuff, and 99 Cent Only stores.
- The recall continues to grow. One article said 1790 products have now been recalled. Amazing that anyone who buys from PCA has been sitting on the information all this time and only just announced a recall yet but apparently some companies have done that. They've got some 'splaining to do if you ask me.
- Schools in three states received possibly tainted peanuts as part of a free lunch program. Add that to FEMA giving out tainted peanuts and the military using tainted peanuts in ready to eat meals and it seems pretty clear that the government doesn't really test the food it buys for safety before distributing it. If it's a silver lining, PCA is not allowed to do business with the government for a year - maybe more.
- The peanut recall is hitting retailers hard. Peanut butter sales are down 25 percent. ConAgra and Smuckers (makes of Peter Pan and Jif, respectively) are each running ads and offering coupons, promising consumers their peanut butter is safe.
- Strangely enough peanut prices are up [PDF]. According to the USDA, peanut prices averaged 24.7 cents per pound for the week ending January 31 - up 1.1 cents from the previous week. I find it odd that in the midst of this salmonella outbreak, peanut prices are just about as high as they've ever been in the past two years.
- The AP offers a peanut butter salmonella timeline. This story has gotten so twisted at this point that I think we need a timeline. Thanks, AP!
- Obama Foodorama reports that Rahm Emmanuel is living in Rosa DeLauro (D-CT)'s basement. Why is this significant? Because she just introduced a food safety bill and he's Obama's Chief of Staff. Can Rahm help DeLauro get her bill passed?
- DeLauro's bill may be coming at the right time, as Eating Liberally says FDA stands for Failure to Do Anything.
- Georgia's state senate is reconsidering its food safety laws. Hmm, ya think???
- The FDA's investigation of the Blakely, GA peanut plant that caused this whole mess is so crazy that the FBI is helping them out. The New York Times offers an article about the FDA's findings at the peanut plant - in case you missed all the previous headlines about leaky roofs and baby mice inside bags of peanuts.
- Over at Civil Eats, a physician urges locavorism as a smart food safety move.
- Newspapers around the country are running op eds about the need for improvement in our food safety system. Here are a few:
It's wonderful to see food safety getting the attention it deserves and utterly tragic that people had to die to make that happen.
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Mon Feb 02, 2009 at 15:03:27 PM PST
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Wow! You want to see what's getting recalled now? The list is below - and it's HUGE. For full, up to date information, check out the FDA website.
Here's the latest peanut butter/food safety news:
- Bill Marler has Rep. Dingell's bill to improve food safety and plans to read ALL of it. I look forward to hearing his thoughts on it from a lawyer's point of view.
- Barack Obama told Matt Lauer that "At bare minimum, we should be able to count on our government keeping our kids safe when they eat peanut butter." In the interview, Obama promised a complete review of FDA operations. Yes, we can!
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Sat Jan 31, 2009 at 17:26:12 PM PST
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Hat tip to Bill Marler who posted today that the USDA has its hand in the peanut jar. He quotes the Atlanta Journal-Constitution as saying:
The president of the peanut company linked to a nationwide salmonella outbreak serves on an industry advisory board that helps the U.S. Department of Agriculture set quality standards for peanuts. Stewart Parnell, president of Peanut Corp. of America, based in Lynchburg, Va., was first appointed to the USDA's Peanut Standards Board in July 2005 and was reappointed in October for a second term that runs until June 2011....
I agree with Marler: What kind of "quality" advise was Mr. Parnell giving to the USDA? Perhaps recommending we fortify peanuts with extra iron in the form of metal fragments? Let's hope that the Obama admin has a little talk with Mr. Parnell and encourages him to step down and spend more time with his family. Especially since the plant is now under criminal investigation and Mr. Parnell might wind up in a location where he won't be able to see his family too much anymore (or is that just me being hopeful?).
Meanwhile, Obama's press secretary Robert Gibbs gives us his comments on food safety. Continued...
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Fri Jan 30, 2009 at 23:52:36 PM PST
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Lots of new peanut butter news, although now it's probably more correct to call it peanut news because the problem has gone beyond peanut butter. Apparently a shipment of peanuts from that plant was rejected by Canada in Sept 2008. When they sent them back the FDA wouldn't allow them into America either because they contained "filthy, putrid or decomposed substance, or is otherwise unfit for food." That substance? Metal fragments.
Another bit of news: Peanut Corporation of America (PCA), the company that caused the problem, is now under a federal criminal investigation. If you're wondering what they are facing from a legal perspective, Bill Marler provides an explanation of food safety laws on his blog. And, buried in that story is a major bombshell:
The FDA also said for the first time that some peanut butter on store shelves may not be safe to eat. Health officials repeated assurances that major national brands were considered safe, but said some boutique brands may be suspect.
That's major - up til now we were told that jars of peanut butter are all OK and now they might not be. The FDA site is still the place to go for updates of recalled products but I also recommend checking out the corporate sites of any peanut products you may have because often it takes up to a day for the FDA to update its list with new recalls. If you're in doubt about any foods right now, don't eat them. Just hang on to them for now, and wait to see if they will be recalled. I've posted the new ice creams recalled below since that's the major category that has grown in the last 24 hours.
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Thu Jan 22, 2009 at 16:17:20 PM PST
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The peanut butter recall has GREATLY expanded since yesterday. If you have any processed foods with peanut butter in them in your home, I strongly encourage you to check the list of recalled foods (below). You can find specific lot numbers, stock numbers, and UPC codes for these at the official FDA website.
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Wed Jan 21, 2009 at 09:02:12 AM PST
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The peanut butter recall continues. The FDA has an updated list of all recalled products, which I've included below. As it turns out, Peanut Corporation of America - the company that supplied the bad peanut butter to everyone else - sells organics and pet food products in addition to just regular, plain old peanut butter. Also, where the original recall only included relatively small size containers of peanut butter by PCA, now the recall includes sizes like 1700 lbs and entire tankers. As a result, the recall of retail products now includes candy, cookies, crackers, ice cream, pet food, and snack bars!
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Mon Jan 19, 2009 at 11:09:08 AM PST
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The salmonella in peanut butter problem just gets bigger and bigger. It started with a recall by Peanut Corporation of America, with no consumer products affected. Then Kellogg recalled a few Keebler and Austin products because they buy from PCA. Now PCA has added more products to their recall, which means Kellogg has to expand their recall...
and Kellogg manufactures a few products for McKee Foods (Little Debbie brand) so now McKee is in on the recall as well. Can you say "oy vey"???
Keep reading for a list of all recalled foods...
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Wed Jan 14, 2009 at 17:21:06 PM PST
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Earlier, I wrote that the peanut recall does not affect any consumer products sold in retail locations. Turns out, that may be wrong. You don't need to worry about jars of peanut butter - that much is correct. But your other peanut-flavored snacks? Well, they may have used the recalled peanut butters as an ingredient. For instance, Kellogg is taking peanut butter snacks off the shelves.
Kellogg says it is not aware of any tainted products but it is taking this measure as a precaution because PCA is one of its suppliers. Kudos to them, if that's the case. Since my earlier diary, the food poisoning tally has gone up - from "almost 400" to "at least 410" people, and from 42 to 43 states. I've also heard anecdotally that the problem has spread to Canada.
The Kellogg products that are being taken off shelves are Keebler & Austin brand:
Toasted Peanut Butter Sandwich Crackers
Peanut Butter and Jelly Sandwich Crackers
Cheese and Peanut Butter Sandwich Crackers
Peanut Butter-Chocolate Sandwich Crackers.
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