St. Cloud Personal Injury Lawyer - U.S. Department of Agriculture’s Food Safety and Inspection Service

Jelly Belly Recalls 49 Flavors Jelly Belly Packages

Mike Bryant — Sun, 08 Nov 2009 21:22:35 GMT

The first week of November, Jelly Belly Candy Company did a nationwide recall of 7.5-ounce cylinder-style packages of 49 Flavors Jelly Belly jelly beans. The package is incorrectly labeled. The mislabeled packages failed to list peanut butter and peanut flour in the ingredient statement..

Subject to recall are the Jelly Belly 49 Flavors cylinder packages which were shipped to approximately 200 independent stores nationwide from September 29 to October 30, 2009. The cylinders are a clear 7.5-ounce acetate with white label on the bottom of the package with lot codes 090925, 090928, 090929 or 091001. UPC code 071567989398.

Consumers who have a peanut allergy and purchased this product in the last five weeks are urged to return it to Jelly Belly Candy Company, One Jelly Belly Lane, Fairfield, Calif., 94533. Consumers and retailers with questions about the recall should call the Jelly Belly Hotline at 800-522-3267 or to visit the companies website at www.jellybelly.com .

If you suffer from food poisoning, you need to get immediate medical care. If it continues or there are long term affects, you should contact an attorney concerning the problem. Early investigation can include the collection of samples, checking for health alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

Mars Recalls Dove Caramel Pecan Perfection Ice Cream

Mike Bryant — Wed, 28 Oct 2009 08:01:00 GMT

The end of October, The U.S. Food Safety and Mars Snackfood US announced a nationwide recall of Dove Caramel Pecan Perfection ice cream because it contains undeclared peanuts. People who have an allergy or severe sensitivity to peanuts run the risk of serious or life-threatening allergic reaction if they consume these products. No related illnesses have been reported to date. For consumers who do not suffer from a peanut allergy or sensitivity, this product is safe to eat.

Subject to is recall is lot number (931AB5YN07) that was distributed only in the United States, and specifically to the following states: AL, CO, FL, GA, IA, IL, IN, KS, KY, LA, MI, MN, NC, OH, OR, TX, UT, WA and WI. Dove Caramel Pecan Perfection is sold in a brown and gold 15.10 fl. oz. pint container and pictures a ribbon of caramel, pecans and a square of Dove® Brand Chocolate on the front.

Consumers can return the product to the store where they purchased it for a full refund. Questions may may be directed to the company at 800-551-0895

Originally posted at InjuryBoard by Mike Bryant

Breyers Recalls Tubs Of Ice Cream.

Mike Bryant — Sat, 24 Oct 2009 18:27:52 GMT

The end of October, The U.S. Food Safety and Unilever United States, Inc., of Englewood Cliffs, NJ announced a nationwide recall of tubs of Breyers® ice cream because it was mis-packaged and may contain undeclared wheat. Unilever United States Inc., Breyers' parent company, is recalling an undisclosed number of 1.5 quart tubs of "All Natural Cookies & Cream" ice cream that are carrying labels that say "All Natural Mint Chocolate Chip." The undeclared wheat, produces a health risk for people allergic to such ingredients.

Subject to recall are tubs where the lid describes the product as "Breyers® All Natural Cookies & Cream" ice cream, and the tub portion of the package describes the product as "Breyers® All Natural Mint Chocolate Chip" ice cream. The product inside of the tub is "All Natural Cookies & Cream." The ingredient statement on the tub does not declare wheat, which is an ingredient of the Cookies & Cream product.

Each product was distributed in 1.5-quart (1.41L) paperboard tubs marked with UPC # 077567254245 located on the side of the tub and in combination with "Best If Used By" dates of FEB1711GH, FEB1811GH and FEB1911GH located on the bottom of the tub.

Consumers are urged to discard the product immediately and contact the company at 1-877-270-7402 for a full refund.

Originally posted at InjuryBoard by Mike Bryant

Congress Reaffirms And Finances A Better FDA

Mike Bryant — Thu, 09 Jul 2009 07:33:00 GMT

Search "Food Safety" here at the Injuryboard site and you will find all sorts of alerts. Search "FDA" and you will find the list of failures by the organization over the last eight years. It's been an underfunded arm of the government that has been asked to look the other way from what has been happening. To actually write laws that make the world less safe for the consumer.

This past week, changes in congress hopefully signals a new direction. The House Energy and Commerce Committee approved legislation that would give the Food and Drug Administration significantly more funding and power to police food safety.

The legislation would give the FDA authority to order food recalls, impose new civil penalties and require companies to follow food-safety standards. It also would require the agency to inspect so-called high-risk food facilities at least once a year and make companies keep detailed records to help the FDA more quickly trace the distribution of tainted foods and track the course of the contamination.

To help fund the work, the bill would require some 378,000 food facilities, including 223,000 overseas, to pay an annual registration fee of $500. The legislation exempts farms that raise meat and poultry and other facilities regulated by the U.S. Department of Agriculture

This is great news for the consumer and will hopefully get the FDA back to what it's supposed to be doing. Less food problems and quick effective response when something does happen will make a big difference.

Originally posted at InjuryBoard by Mike Bryant

Kroger Recalls Chicken Wings

Mike Bryant — Mon, 15 Jun 2009 20:17:00 GMT

In mid June, The U.S. Food Safety and Inspection Service announced a nationwide recall of about 608,188 pounds of Kroger-brand chicken wings due to a labeling error. Kroger's announced the recall of 32-ounce package of fully-cooked Buffalo-style chicken wings after it was found that the frozen poultry products might contain undeclared milk, soy and wheat, producing a health risk for people allergic to such ingredients.

Subject to recall are:

Kroger fully cooked buffalo style chicken wing sections coated with sauce that bear a "Best By" date of "JUL 25, 2009" through "JUN 8, 2010." The bags were shipped to Kroger Co. retail stores nationwide.

Each printed plastic bag bears an embossed establishment number "P7091A," "P13477" or "P13485A" near the zip seal on the packages as well as the USDA mark of inspection. Each bag also bears the "Best By" date of "JUL 25, 2009" through "JUN 8, 2010", a UPC code "0 11110 97158 6," and Julian dates of "8207" to "9159." The frozen poultry products were produced on July 25, 2008, through June 8, 2009, and were shipped to Kroger® retail establishments nationwide.

Consumers with questions can contact Kroger at 800-632-6900 or contact them through their website. “We encourage anyone who is concerned about an allergic reaction to contact their physician,” Kroger spokeswoman Meghan Glynn said. “And of course we’ll also provide a refund.”

Originally posted at InjuryBoard by Mike Bryant

Minnesota's Good Work On Food Poisoning

Mike Bryant — Thu, 30 Apr 2009 09:59:00 GMT

This past week, the New York Times looked at the issue of state responses to the food poisoning problem. Comparing Kentucky to Minnesota primarily, the report found that Minnesota was on the ball in looking at complaints. Considering the importance of the issue, clearly it should constitute more of a shame on the other states.

The story praises Minnesota for not only protecting the state , but also the nation, as it's diligence lead to the protections that if ignored " the Peanut Corporation of America might still be selling salmonella-laced peanuts, Dole might still be selling contaminated lettuce, and ConAgra might still be selling dangerous Banquet brand pot pies — sickening hundreds or thousands more people. " Because right now our nation's food supply is being defended by 3,000 poorly financed, poorly trained and disconnected federal, state and local health departments.

From 1990 to 2006, Minnesota health officials uncovered 548 food-related illness outbreaks, while those in Kentucky found 18. The article goes on to explain the importance of early investigation and regular follow up. With people in Kentucky rarely being called and being asked few questions vs. people in Minnesota reporting follow up phone calls with thorough reviews of what was eaten and testing when necessary.

Hopefully, Minnesota will be looked at as a national model and become less important in the national protection. Dr. Robert Tauxe, deputy director of the Centers for Disease Control and Prevention’s division of food-borne diseases, said the agency planned immediate investments “to increase the capacity of several health departments.” Like everything else, it's going to require more money, but considering the consequences, is there really any choice?

Originally posted at InjuryBoard by Mike Bryant

Some Good Follow Up On The Peanut Crises

Mike Bryant — Sat, 25 Apr 2009 09:58:00 GMT

With every tragedy, there is hope that we learn and fix what it was that caused the problem to begin with. One of the main goals of the civil justice system is to deal with problems unlike the gun fights of the old west. A system to fix what was broken, replace what was lost, and to place back in balance what was knocked out of balance. That is JUSTICE.

The deaths and sickness that arose out of the salmonella outbreak from peanuts is still with us. But, it is a ray of hope to see some good come out of it.

Plainview Peanut Corp. LLC was fined $14.6 million for it's part in the poisoning.
Georgia is looking at where they failed in the regulation of the problem.
Other companies learned from the way the peanut companies didn't.
New laws are being looked at across the nation concerning the reporting of problems and the need to protect consumers.
The Obama administration is looking out for the consumers and not just the businesses.

We still have a long way to go. Hopefully, the criminal prosecutions and civil trials ahead will give the individual parties the justice they deserve. But, it is a time to learn and make sure this is the last great food tragedy.

Originally posted at InjuryBoard by Mike Bryant

Will Peanut Executives Go To Prison?

Mike Bryant — Tue, 17 Mar 2009 12:31:00 GMT

The peanut recalls are every where. There is absolutely no doubt that this poisoning is the biggest one the country has ever faced. Stories continue to surface that the factories were cesspools just waiting for a disaster. I am constantly reminded that the first stories that came out of the company were that this was a limited problem that only involved commercial vendors.

Seven people are dead and hundreds have been made sick. The country was lied to and has been put in danger for many years to come. There will be civil suits and hopefully each of those injured will be able to get justice. But, what do the leaders of this damage face?

The FDA and the US attorney's office are working together at present and could ask for help from the FBI. Laws governing food adulteration date to the 1938 Federal Food, Drug and Cosmetic Act. The act defines adulterated product as food that was “prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.”

The provision offers two types of adulteration charges — misdemeanor and felony. Intent defines the difference. A felony charge means the food was knowingly contaminated and put on the market anyway. The maximum fine for felony adulteration is $10,000. The maximum prison sentence is three years. A misdemeanor conviction carries a maximum sentence of a $1,000 fine and one year in prison.

States where people got sick or died can pursue charges such as manslaughter or negligent homicide. The federal government could also look at fraud or RICO charges if they really decided to get serious.

Steve Lombardi has blogged a couple of times about the way China has penalized business leaders after findings far short of what we have seen in this case. Whatever happens, hopefully the people behind this problem will face their own justice.

Originally posted at InjuryBoard by Mike Bryant

Shelf Life Is A Concern For Contaminated Peanut Butter

Mike Bryant — Tue, 10 Mar 2009 09:05:00 GMT

Blogs about the peanut butter salmonella outbreak are all over the Injuryboard. The thousands of people and dog food items that have been recalled is staggering. Add to that the information that continues to come out about the conditions at the two plants, the failure in governmental oversight and the basic lies that have been told about how big this this was and it is a bleak story of greed and a health danger.

Beyond these issues, we have to look also at the shelf life of peanut butter. It is estimated that these products may be able to sit for as many as two years and still seem safe. This means that we will have to watch that withdrawn products don't reappear in other markets. It means that all consumers will have to keep a eye out for what has peanut butter in it, for a very long time. Hopefully, not as long as the owners behind these problems sit in prison.

For those who lost loved ones due to these poisons the time will never be to short for them to find justice. But, too know that there are more time bombs sitting out there that could still cause problems is a great concern.

Originally posted at InjuryBoard by Mike Bryant

Peanut Corporation Knew The Product Was Bad

Mike Bryant — Sun, 15 Feb 2009 18:35:00 GMT

The number of recalls is amazing. A number of companies that relied upon the ingredients have had their own images tarnished. People are dead and hundreds are sick. Now we find out that the Peanut Corporation of America knew their products were bad. They even had to ok the recalls, before they were done.

They would test and retest products until they passed and ship them. Makes you wonder if they really were testing to begin with. Why bother if it was really just a rouse and not real tests? The resulting harm is outrageous.

This is criminal activity that should be punished to the full extent of the law. Laws that should have covered the problem if the oversight had been better. But, corporations that are too into profits over safety should just be shut down. Hopefully, those who are sick will heal quickly and families who lost loved ones will find a little solace in full civil and criminal prosecution.

Originally posted at InjuryBoard by Mike Bryant