The Marler Clark Network
Posted by Food Poisoning Attorney on January 28, 2009

Huge Peanut Butter Recall Expansion--All PCA-Produced Product From January 2007 Forward

Well, it's official.  This peanut butter Salmonella Typhimurium outbreak is out of control.  I can barely keep up with the fast and furious announcements coming from the various state and national health agencies, and the recalls from food product manufacturers whose products were made with the implicated peanut butter.  For a more complete, play-by-play source of information about this outbreak, please see some of the many excellent articles over at Bill Marler's site: http://www.marlerblog.com/

Today's big development to this ongoing saga comes from the FDA in the form of their announcement that ALL peanut butter products manufactured by Peanut Corporation of America (PCA) at their Blakely, Georgia over the past two years are being recalled.  Why such a large increase in the recall's scope?  Click here to find out (and be simultaneously disgusted). 

It turns out that since January of 2007, PCA has been producing peanut butter under insanitary conditions.  Even worse, at least twelve separate times, finished product was tested by PCA and the results returned positive for Salmonella.  After PCA had the product retested, however, the results were negative and the product was shipped in interstate commerce where it was added to food products for the public to eat.  So, are you angry yet?

Posted by Food Poisoning Attorney on January 20, 2009

Girl Scout Cookies Safe! "Sweet Success Peanut Butter Cookie Dough?"...Not So Much

Hey.  Did you just hear that?  It was the collective sigh of relief  from all the cookie fiends out there like me who are addicted to those delicious, sweet morsels of goodness known as Do-si-dos and Tagalongs Girl Scout Cookies.  In the first bit of good news I've heard since this whole Salmonella peanut butter outbreak began, the Girl Scouts announced today that their products were not made from peanut butter manufactured at the Blakely, Georgia peanut processing plant operated by Peanut Corporation of America and implicated by the FDA as the source of the Salmonella outbreak.  Just look at that Tagalong...crunchy, chocolatey, peanut buttery deliciousness....OK, I'm back.

However, all is still not well in cookie land.  In addition to the laundry list of recalled food items already listed on the FDA's website, it was also announced today that peanut butter cookie dough sold as a fundraiser for several Southern California schools is being recalled because it may contain Salmonella.  The product is packed in a 3-pound white plastic tub and labeled "Sweet Success Peanut Butter Cookie Dough." Contaminated peanut butter may have been used to make the dough, which was distributed to schools after Dec. 8 by Sweet Success Fundraising in Ontario.

Posted by Food Poisoning Attorney on January 17, 2009

FDA Announcement to the Public: Don't Eat Peanut Butter

In a stunning and far-reaching announcement today regarding the ongoing investigation into a nationwide Salmonella outbreak, the FDA urged the public to avoid eating ANY products containing peanut butter.  In its own words, "because identification of products subject to recall is continuing, the FDA urges consumers to postpone eating peanut butter-containing products until further information becomes available about which products may be affected. Efforts to specifically identify those products are ongoing."

Expect more specific information in the coming days as this investigation continues.  As of the latest information, more than 470 people in 43 states have been culture-confirmed with genetically indistinguishable strains of Salmonella Typhimurium, and 90 have been confirmed hospitalized.  More tragically, at least six deaths are being attributed to this outbreak.

Posted by Food Poisoning Attorney on January 16, 2009

Conneticut Dept of Health Confirms Salmonella Found in UNOPENED Jar of King Nut Peanut Butter

Food inspectors conducting recall effectiveness checks in the state this week in response to the nationwide salmonella outbreak linked to King Nut peanut butter have confirmed the presence of salmonella bacteria in an unopened five-pound tub of peanut butter found at a Connecticut food distributor, Consumer Protection Commissioner Jerry Farrell, Jr.

“This is the first unopened tub of King Nut peanut butter found in the country that is definitively identified as being tainted with salmonella,” Farrell said.

“My office just received the results from the Connecticut Department of Public Health Laboratory confirming the presence of Salmonella Type B in an unopened tub. This provides further evidence that some lots of King Nut brand peanut butter delivered to food service accounts are responsible for a recent outbreak of salmonella infections in consumers.”

The product, bearing one of the lot numbers identified in the recall, (lot # 8234 with a production date of 8/21/2008) was found at City Line distributors of West Haven. It was the only tub of that recalled lot. However, agency inspectors have taken samples of the other King Nut peanut butter tubs for analysis.

“City Line is cooperating fully with our agency, is sharing with us its distribution lists identifying where the other tubs of King Nut peanut butter were shipped, and we are contacting the appropriate health and consumer protection officials with this information,” Farrell said. “We believe that the peanut butter was distributed to a variety of locations in Connecticut, New York, Rhode Island and Mass., and we are going make sure the company takes appropriate action to prevent this product from being served.”

Peanut Corporation of America, the manufacturer of the King Nut peanut butter, recalled the product when it was informed that salmonella had been found in an open five-pound tub of King Nut peanut butter. All other King Nut products are safe and not included in this voluntary recall.

This product is not sold in retail stores, and therefore is unlikely to be in consumers’ homes.

The Salmonella bacteria can cause an infection known as Salmonellosis, which often produces diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment. However, in some persons, the diarrhea may be so severe that the patient needs to be hospitalized. In these patients, the Salmonella infection may spread from the intestines to the blood stream, and then to other body sites and can cause death unless the person is treated promptly with antibiotics. Older adults, infants, and those with impaired immune systems are more likely to experience severe illness, and should be seen by a physician if they experience these symptoms.

Posted by Food Poisoning Attorney on January 16, 2009

The CDC and FDA Updates on the Nationwide Salmonella Outbreak Linked to Peanut Corp of America

Today the CDC and FDA updated their websites to reflect new information on the continuing (and widening) Salmonella outbreak that has thus far caused a confirmed 453 Salmonella Typhimurium infections in citizens of 43 states, and has led to at least six deaths.

As the investigation continues, do not be surprised to see more announcements regarding other peanut butter products that used Peanut Corporation of America's product and are possibly also contaminated.  As the FDA said in their updated announcement today, "Given the potentially-wide distribution of this peanut butter and peanut paste as ingredients in numerous products, the FDA is asking companies to check the records of their supply chain and determine if their peanut butter and peanut paste ingredients came from PCA, and if so, to take appropriate precautionary measures."

The CDC offers this advice to consumers: 

Advice to Consumers

To date, common brands of peanut butter sold in grocery stores do not appear to be associated with the outbreak. Public health officials will advise the public if more products are identified as being associated with the outbreak. Persons who think they may have become ill from eating peanut butter are advised to consult their health care providers.

On January 10, 2009, King Nut Companies, a distributor of peanut butter manufactured by Peanut Corporation of America (PCA), issued a voluntary recall of peanut butter distributed under the King Nut label. In addition, King Nut Companies issued a voluntary recall of Parnell’s Pride peanut butter, which they also distributed and which is produced by the same manufacturer. The recalled products have lot codes beginning with “8”. No other King Nut products are included in this voluntary recall. More information about this recall can be found on the FDA website.

On January 13, 2009, Peanut Corporation of America (PCA), the manufacturer of King Nut peanut butter, announced a voluntary recall of peanut butter produced in its Blakely, Georgia processing facility produced on or after July 1, 2008, that had specific lot numbers and descriptions. More information regarding the recall is available on the FDA website.  The peanut butter being recalled is sold in bulk and distributed to institutions, food service industries, and private label food companies, under the brand names Parnell’s Pride and King Nut. None of the peanut butter being recalled is sold directly to consumers through retail grocery stores.

On January 14, 2009, Kellogg Company announced it has taken the precautionary measure of putting a hold on a variety of Austin® and Keebler® branded toasted peanut butter sandwich crackers. Peanut Corporation of America, the manufacturer currently under investigation by FDA and other regulatory agencies, is a peanut paste supplier that the Kellogg Company uses in its Austin® and Keebler® branded peanut butter sandwich crackers.  More information can be found on the FDA website. 

 And Food Safety Expert Bill Marler offers these excellent suggestions:

1. Make sure ALL product is promptly recalled;


2. Do not destroy any documents;


3. The companies should pay the medical bills and all related expenses of the innocent victims and their families;


4. The companies should pay the cost of all related Health Department, CDC and FDA investigations;


5. Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);


6. Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;


7. Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;


8. Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,


9. Show the public what is being done to prevent the next outbreak.

Posted by Food Poisoning Attorney on January 15, 2009

Nationwide Salmonella Outbreak Source Expanding?

As Federal, State, and Local health agencies continue their investigations into the nationwide Salmonella outbreak recently linked to King Nut brand peanut butter, other products containing the implicated peanut butter may also be linked to the outbreak.

Preliminary analysis of an epidemiologic study conducted by CDC and public health officials in multiple states comparing foods eaten by ill and well persons has suggested peanut butter as a likely source. Ongoing investigations suggest that peanut butter-containing products may also be linked with illnesses. To date, no association has been found with common brands of jars of peanut butter sold in retail grocery stores. 

An epidemiologic investigation by the Minnesota Department of Health has suggested King Nut creamy peanut butter as a likely source of Salmonella infections among many ill persons in Minnesota. The Minnesota Department of Agriculture Laboratory isolated the outbreak strain of Salmonella Typhimurium from an open 5-pound container of King Nut brand creamy peanut butter.

Clusters of infections in several states have been reported in schools and other institutions, such as long-term care facilities and hospitals, and King Nut is the only brand of peanut butter used in those facilities for which we have information.

CDC and other public health officials are continuing to conduct surveillance for cases of infection with the outbreak strain, and to gather and analyze data on exposures to peanut butter and peanut butter-containing products that may be associated with illness.

Two very similar DNA fingerprints of Salmonella serotype Typhimurium have been linked to this outbreak. All ill persons reported as part of this outbreak have had laboratory testing that confirmed infection with a strain that had one of the two outbreak DNA fingerprints.

Posted by Bill Marler on January 14, 2009

Salmonella to do list - one down, eight to go

As of a few moments ago, 15 more cases of salmonella poisoning in the now nationwide outbreak have been reported, bringing the total to 425 in 43 state with 3 deaths. Nearly 18% of the victims have been hospitalized. Praise to Peanut Corporation Corporation for the Recall.

From a Press Release

Peanut Corporation of America (PCA), a peanut processing company and maker of peanut butter for bulk distribution to institutions, food service industries, and private label food companies, today announced a voluntary recall of peanut butter produced in its Blakely, Georgia processing facility because it has the potential to be contaminated with Salmonella. All product affected was produced on or after July 1, 2008, specific to the lot numbers and descriptions listed below.

The peanut butter being recalled is sold by PCA in bulk packaging to distributors for institutional and food service industry use. It is also sold under the brand name Parnell's Pride to those same industries. Additionally, it is sold by the King Nut Company under the label King Nut. PCA customers who received the recalled product are being notified by telephone and in writing. None of the peanut butter being recalled is sold directly to consumers through retail stores.

"We deeply regret that this has happened," said Stewart Parnell, owner and president of PCA. "Out of an abundance of caution, we are voluntarily withdrawing this product and contacting our customers. We are taking these actions with the safety of our consumers as our first priority."

PCA initiated this recall after an open container of King Nut brand peanut butter in a long-term care facility in Minnesota was found to contain a strain of salmonella. King Nut brand peanut butter is produced by PCA. The voluntary recall of 21 lots of its peanut butter, in containers ranging from five to 50 pounds, is being taken immediately.

Lot Numbers Affected:

8193, 8194, 8197, 8233, 8234, 8235, 8241, 8255, 8256, 8275, 8276, 8282, 8283, 8284, 8296, 8316, 8330, 8331, 8336, 8345, 8354

Stock Numbers Descriptions and Pack Size Affected:

551000 Creamy Stabilized Peanut Butter 6 ct / 5 lb
551006 Crunchy Stabilized Peanut Butter 6 ct / 5 lb
551020 Creamy Stabilized Peanut Butter 35 lb
551022 Natural Course Peanut Paste 35 lb
551025 Old Fashioned Creamy Peanut Butter with 1% Salt 35 lb
551035 Crunchy Natural Peanut Butter 35 lb
551040 Creamy Natural Peanut Butter 35 lb
551050 Creamy Stabilized Peanut Butter 50 lb
551050-D Dark Creamy Stabilized Peanut Butter 50 lb
551051 Creamy Stabilized Peanut Butter with Monodiglyceride 50 lb
551053 Crunchy Stabilized Peanut Butter 50 lb
551072 Peanut Butter Variegate 45 lb

So, here was out TO DO LIST - Before this recall.  So, CDC, FDA, King Nut and Peanut Corporation of America, what say you?  Still no full response to my To Do List?

1.     Make sure ALL product is promptly recalled;
2.     Do not destroy any documents;
3.     The companies should pay the medical bills and all related expenses of the innocent victims and their families;
4.     The companies should pay the cost of all related Health Department, CDC and FDA investigations;
5.     Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);
6.     Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;
7.     Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;
8.     Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,
9.     Show the public what is being done to prevent the next outbreak.

Posted by Food Poisoning Attorney on January 12, 2009

Minnesota DOH Confirms: King Nut Peanut Butter Salmonella Is A Genetic Match to National Salmonella Outbreak

The Minnesota Departments of Agriculture and Health today announced that laboratory analyses have confirmed a genetic match between the strains of Salmonella bacteria found in a container of King Nut brand creamy peanut butter and the strains of bacteria associated with 30 illnesses in Minnesota and nearly 400 illnesses around the country.

MDA lab tests conducted last week discovered Salmonella bacteria in a 5-pound package of King Nut peanut butter collected from a long-term care facility associated with one of the reported illnesses.  The Minnesota Department of Agriculture (MDA) and the Minnesota Department of Health (MDH) issued a product advisory on Friday alerting institutions that may have received the product. MDA and MDH scientists performed additional testing this weekend to verify the connection between the contaminated product and the illnesses. 

State officials initially discovered the contaminated product through product testing conducted after MDH epidemiological evidence and an investigation by MDA’s Rapid Response Team implicated King Nut creamy peanut butter as a likely source of Salmonella infections in Minnesota residents. In the product advisory issued Friday, state officials urged establishments who may have the product on hand to avoid serving it, pending further instructions as the investigation progresses.

Eating food contaminated with Salmonella can result in abdominal cramping, diarrhea, and fever.  Anyone who believes they may have become ill as a result of eating this product or foods made with this product should contact their health care provider. 

King Nut peanut butter is produced by Peanut Corporation of America, of Lynchburg, Va., and is distributed nationally by Ohio-based King Nut Companies. The product was distributed in Minnesota to establishments such as long-term care facilities, hospitals, schools, universities, restaurants, delis, cafeterias and bakeries. King Nut Companies reports that the product is not distributed for retail sale to consumers, and has voluntarily withdrawn the product from distribution.

Minnesota officials continue to coordinate their investigation with the Centers for Disease Control and Prevention, the U.S. Food and Drug Administration and other states. 

Posted by Bill Marler on January 12, 2009

People get Salmonella Typhimurium from eating Peanut Butter, Minnesota points the finger at King Nut, who points the finger at Peanut Corporation of America, so what is next?

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.

So, what is next? Here are a few ideas (not in any particular order) that the companies involved and the government should do Monday morning:

1. Make sure ALL product is promptly recalled;
2. Do not destroy any documents;
3. The companies should pay the medical bills and all related expenses of the innocent victims and their families;
4. The companies should pay the cost of all related Health Department, CDC and FDA investigations;
5. Provide all bacterial and viral testing of all recalled product and any other tested product (before and after recall);
6. Release all inspection reports on the plants by any Governmental Entity or Third-party Auditor;
7. Release all Salmonella safety precautions taken by either King Nut or Peanut Corporation of America - especially after the 2007 Salmonella Peanut Butter Outbreak;
8. Provide the public with the Epidemiological investigation (with names redacted), so it is clear who knew what and when about the likely source of the outbreak; and,
9. Show the public what is being done to prevent the next outbreak.

Taking these steps will go a long way in convincing us that food safety and consumer confidence is of primary importance both to the companies and the government.

Posted by Food Poisoning Attorney on January 09, 2009

Salmonella Typhimurium Outbreak Source - King Nut Peanut Butter

Here we go again!  Peanut butter is once again being implicated as the source of a major samlonella outbreak in the US (Peter Pan and Great Value peanut butter were the implicated sources in the previous outbreak).

The Minnesota Department of Agriculture (MDA) and the Minnesota Department of Health (MDH) today issued a product advisory after MDA’s preliminary laboratory testing indicated the presence of Salmonella bacteria in a 5-pound container of King Nut brand creamy peanut butter.

The product is distributed in Minnesota to establishments such as long-term care facilities, hospitals, schools, universities, restaurants, delis, cafeterias and bakeries. At this time, the product is not known to be distributed for retail sale in grocery stores. State officials are urging establishments who may have the product on hand to avoid serving it, pending further instructions as the investigation progresses.

Eating food contaminated with Salmonella can result in abdominal cramping, diarrhea, and fever. Anyone who believes they may have become ill as a result of eating this product or foods made with this product should contact their health care provider.

State officials discovered the contamination as a result of product testing initiated after an MDH epidemiological investigation implicated King Nut creamy peanut butter as a likely source of Salmonella infections in Minnesota residents. The Minnesota cases have the same genetic fingerprint as the cases in the national outbreak that has sickened almost 400 people in 42 states; however, laboratory results for the product sample have not yet been linked to this national outbreak. Additional laboratory results are expected early next week.

State officials are coordinating their investigation with the Centers for Disease Control and Prevention, the U.S. Food and Drug Administration and other states. More information about the investigation – including laboratory results will be available early next week.