The Food and Drug
Administration on March 1 updated the peanut butter recall status saying that
Salmonella was found in the peanut butter plant and three
brands of peanut butter toppings are also subject to the current recall.
Meanwhile, a Washington-based
law firm known as William D. Marler and Marker Clark, LLP also updated the
recall on its web site yesterday from another angle to give the public a bit
about what’s going on with the food poisoning attorneys.
Marler Clark says since this
outbreak was announced two week ago, it has received nearly 4,500 phone calls
and email requests from nearly every corner of the world seeking information on
this Salmonella outbreak.
Up to date, the firm has been
retained by nearly 3,000 people and it continues to investigate legitimate
claims.
Earlier, it filed a nation-wide
class action on behalf of non-hospitalized individuals, about 95 percent of the
callers.
Among those who contacted the
firm, over 200 were severely ill. Families of six people who died after eating
possibly contaminated peanut butter have contacted the firm.
Foodconsumer.org was told that the firm has
not yet decided whether or not to file any new lawsuits against ConAgra.
Earlier, Marler Clark
represented two residents in the State of
Washington and filed a class action lawsuit
against ConAgra, the producer of Peter Pan peanut butter and Great value peanut
butter.
According to the lawsuit,
James Winston Daniels, II bought a jar of Great Value peanut butter with the
recalled product code 2111 imprinted on the lid from a Wal-Mart Store in
Bellingham
Washington.
He used the peanut butter to prepare
peanut butter sandwiches for a few days and ate the last one on or around Fed.
2.
Then about two days later, Daniels
started to experience some symptoms like a headache, stomach pain and
diarrhea.
He ended up missing several days
of work.
Linda Lee Oswald, another
plaintiff in the case purchased Peter Pan peanut butter at one of three grocery
stores, Safeway, Topp Foods, or K-Mart outlet.
Oswald used the peanut butter
a few times mostly for peanut butter and jelly sandwiches. She finished the
last sandwich on Feb 8. Then next day Friday, she got diarrhea, abdominal
cramping, headache and fever. She also missed several days of work.
Both Plaintiffs visited
doctors.
On Feb 16, Marler Clark
represented Nicolas Avalone and Tracy Hubright of
Ontario,
New York
and filed a lawsuit against ConAgra in United States District Court for the
Western District of New York.
According to the lawsuit, the
plaintiffs purchased a container of Peter Pan peanut butter at the Wegmans located
in
Penfield,
New York. The two family members of the
plaintiff's family, Mark Avalone and the infant Nicolas Avalone ate the peanut
butter and developed gastrointestinal illness including intense vomiting and
diarrhea.
After the recall was issued
and publicized, the plaintiff checked and confirmed the jar of Peter Pan peanut
butter carries the product code 2111, which has been subject to the recall.
On behalf of Brian Cox and
Susanna Cox and their two childrenin
Missouri,
Marler Clark on Feb 16 filed the first lawsuit related to the peanut butter
salmonella outbreak against ConAgra Foods Inc in the United States District
Court Western District of Missouri.
In the lawsuit, the plaintiff
alleged they purchased Great Value peanut butter exclusively on or before Oct.
2006 at the Wal-Mart Superstore in
North
St. Joseph,
Missouri.
Three family members, Susanna,
Malachi and Elliot developed gastrointestinal illness after eating peanut
butter. Malachi and Elliot both required emergency care for their illness.
At the time of the announcement
of the recall, the plaintiff has four jars of great value peanut butter in
their home, all with 211 printed on the lid.
As lawsuits have begun to
pile up, the recall of peanut butter, maybe the salmonella outbreak as well,
has not been over yet.
The FDA announced March 1 that
Salmonella has been found in the peanut butter plant.
Samples collected from ConAgra's
Sylvester,
Georgia
processing plant tested positive for Salmonella, according to the FDA,
prompting the federal agency to believe that the affected peanut butter was
likely contaminated before being shipped to grocery stores.
The strain of Salmonella
found in the plant and the strains found last week in opened jars of peanut
butter tested by several states matched the outbreak strains. Early tests by
Iowa, Okalahoma and
New York showed many jars of Peter Pan
peanut butter and Great Value peanut butter were contaminated.
On March 1, The FDA said the
recall of Peter Pan peanut butter and Great Value peanut butter has been
expanded both in time and the number of products.
The recalled products now include three
brands of peanut butter toppings produced by ConAgra’s
Humbolft
TN facility, which used bulk possibly tainted
Peter Pan peanut butter made in the
Georgia plant for the toppings.
The affected toppings include
Sonic Brand Ready-To-Use Peanut Butter Topping in 6 lb. 10.5 oz cans, which was
recalled. Sonic outlets used the topping to prepare Peanut Butter Shake, Peanut
Butter Fudge Shake, Peanut Butter Sundae, and Peanut Butter Fudge Sundae until
Feb 16.
Another peanut butter topping
is Carvel Peanut Butter Topping in 6 lb. 10 oz. cans, which was now recalled.
Carvel used it for Chocolate Peanut Butter, Peanut Butter Treasure, Peanut
Butter & Jelly, and Reese's Peanut Butter Cup Sundae Dasher until Feb
16.
Carvel also used the peanut butter
for other customized products containing the Peanut Butter Topping, including
peanut butter flavored ice cream in ice cream cakes.
The third affected topping is
J. Hungerford Smith Peanut Butter Dessert Topping in 6 lb. 10 oz. cans. This
product was distributed only to retail and restaurant outlets, but not sold
directly to consumers.
ConAgra has issued an initial
recall for all Peter Pan peanut butter and all Great Value peanut butter sold
after May 2006 in a jar with a product code starting with 2111 printed on the
lid are being recalled.
According to
the FDA, the recall is now extended to include products that have been sold
since December, 2005.
FDA advises that consumers
who have any of the noted peanut butter toppings should discard them. Those who
are not sure if the peanut butter topping they purchased is subject to the
recall should contact the retailer who sells the product.
On March 1 after the FDA
issued its statement, ConAgra also posted "An important message for peanut
butter consumers” to remind consumers of the current recall status.
The company says in its
posting that as of Feb 16, ConAgra has authorized retailers to accept any jar
of Peter Pan peanut butter or Great Value Peanut butter with a code starting
2111. Consumers should return the recalled peanut butter to the store where it
was purchased.
Consumers can also claim a
refund by sending the lid or label with the product code beginning with 211 to
the company with the consumer's name and address, which is located at ConAgra
Foods,
P.O. Box 3768,
Omaha,
NE
68103.
The lid should be washed before being sent.
Outside the United States, consumers
can get a full refund by mailing the Peter Pan peanut butter product lid or
label beginning with product code 2111 printed on it, along with the consumer' same
and address to the local distributor. Distributors can be located on the website
of ConAgra.
Consumers who have any
questions can call 866-344-6970.
FDA advises consumers
continue not eating any Peter Pan peanut butter or any Great Value peanut
butter beginning with the 2111 product code.
Consumers should also pay attention to future FDA updates on recalled
products including other products that may have been made with potentially
tainted peanut butter and sold to consumers.
The Centers for Disease
Control and Prevention on Feb 27 updated the peanut butter related Salmonella
outbreak on its website saying "As of February 27th at 12 PM EST, 370
persons infected with the outbreak strain of Salmonella Tennessee have been reported
to CDC from 42 states."
According to the CDC, among
294 patients for whom clinical information is available, 60 (20%) were
hospitalized. Onset dates, which are known for 256 patients, ranged from August
1, 2006 to February 16, 2007, and 62% of these illnesses began after December
1, 2006.
So far there has been no
official reporting of any death from salmonella poisoning linked to eating the
tainted peanut butter.
But the news
media has reported earlier that a few cases allegedly resulted from consumption
of the contaminated peanut butter and lawsuits have been filed against the
peanut butter producer.
Symptoms of food borne
illness caused by Salmonella include fever, diarrhea and abdominal cramps. The
bacteria does not cause too much of any harm in healthy people and it clears up
naturally within 3 to 7 days of infection.
But those who have underlying health conditions or weakened immune
systems, Salmonella can invade the bloodstream and cause life-threatening infections
or death. In rare cases, does peanut butter get contaminated with Salmonella.
Individuals who have recently
eaten recalled peanut butter-containing products and who have experienced any
of these symptoms should contact their doctor or health care provider
immediately and report the illnesses to their state or local health
authorities, the FDA advises.
The FDA is continuing to work
closely with the CDC and states and local officials to identify how Salmonella
gets into peanut butter in hopes that any finding can help prevent similar outbreaks
from occurring in the future.
Acknowledgement:
The article contains content from a FDA news
release