Consumer Affair
Update: Peanut butter, Salmonella, lawsuits
By Sue Mueller - foodconsumer.org
Mar 2, 2007 - 3:47:53 PM

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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