Peanut Recall Triggers Criminal Investigation and Civil Lawsuits
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On January 30, 2009 the FDA confirmed that the government has opened a criminal investigation into Peanut Corp. of America (PCA) in Blakely, Georgia, the processing plant that has been linked to the outbreak of illnesses caused by Salmonella Typhimurium. Stephen Sundlof, head of the FDA’s food safety center, said the Justice Department will join FDA investigators in looking into criminal violations.
The Salmonella outbreak has caused more than 500 illness and at least eight deaths. In addition, more than 430 products have been recalled in the United States and even as far as Canada and Europe.
The FDA report found that the PCA in Blakely, Georgia shipped products that had tested positive for salmonella contamination at least 12 times in the past two years. Investigators also found unsanitary conditions and numerous other health violations at the plant. The FDA has asked companies and consumers to discard every product made from the plant in the last two years.
Civil litigation is also heating up against the company. The first lawsuit tied to the Salmonella outbreak has added claims for punitive damages in light of the FDA’s recent report concluding that the PCA knowingly released a product that could have been contaminated. The complaint was filed on behalf of Vermont residents Gabrielle and Daryl Meunier, whose 7-year son got sick last November. After being hospitalized, their son tested positive for the strain of salmonella that has since been linked to the peanut butter at the PCA. They have also added Kellogg Co. to the lawsuit. Kellogg Co made the crackers that contained the contaminated peanut butter.
Peanut Corp of America is likely to face more civil lawsuits due to the large number of individuals who sustained serious illnesses.