Cherry Hill, New Jersey Personal Injury Lawyer - Food Poisoning

FDA Warns of Possible Salmonella in Pistachios

Camryn Hansen — Wed, 24 Jun 2009 21:58:37 GMT

According to the FDA, consumers should not eat two brands of pistachios that are associated with a salmonella-related recall because they may have been repackaged before being sold in airports and hotels.

The brands to avoid are California Prime Produce and Orange County Orchards, both of which were repackaged by Orca Distribution. (Anaheim, CA).

"The company (Orca) did not publicly announce its recall. We are warning consumers not to eat these brands of pistachio," FDA spokeswoman Stephanie Kwisnek said on Tuesday in a telephone interview. -Reuters

The salmonella pistachios originally came from Setton Pistachio (Terra Bella, CA), which recalled its products nationwide in March after the bacteria had been found in some of the nuts.

Symptoms of salmonella infection generally begin with nausea and vomiting, and progress to abdominal pains, cramps, and diarrhea which can last anywhere from two days to a week. Typically, patients can recover without treatment, but young children, seniors, and those with weakened immune systems can require hospitalization for dehydration and other complications.

Earlier this year, more than 500 people were sickened and at least seven died of food poisoning from salmonella-tainted peanut butter manufactured by the Peanut Corporation of America.

If you have been sickened by pistachios or any other contaminated consumer product, contact The Ferrara Law Firm to find out more about your right to compensation.

Originally posted at InjuryBoard by Camryn Hansen

Nestle Toll House Cookies May Contain E-Coli – Protect Your Kids

Mike Ferrara — Sun, 21 Jun 2009 20:21:40 GMT

After getting reports of food-borne illnesses in 28 states that seem to have been caused by its cookie dough, Nestle is recalling 300,000 cases of it as a precaution, suspecting that it may be contaminated with E-coli bacteria.

E. coli is a dangerous bacterium which can cause bloody diarrhea, dehydration, and kidney failure, especially in young children, the elderly, and those with weak immune systems. It was recently found in contaminated beef from Illinois producer Valley Meats. Hundreds of consumers became sick from the E-coli in these products.

The FDA and the Centers for Disease Control and Prevention are urging any consumers with pre-packaged, refrigerated Nestle Toll House cookie dough products to throw them away immediately. They are also asking that restaurants and retailers stop serving Nestle Toll House products, for the sake of their customers’ health.

According to the CDC, 66 people have become sick and twenty five have been hospitalized after eating raw cookie dough since March.

Nestle issued a statement saying, "While the E. coli strain implicated in this investigation has not been detected in our product, the health and safety of our consumers is paramount, so we are initiating this voluntary recall."

"We really want to remind consumers that raw cookie dough should not be eaten," she said. -CNN

Anyone who becomes sick after eating Nestle Toll House cookie dough should contact his or her doctor to check for the presence of E-coli.

If you have been sickened by these or other contaminated consumer products, contact The Ferrara Law Firm to find out more about your right to compensation.

Originally posted at InjuryBoard by Mike Ferrara

Nutro Recalls its Dry Cat Food – Cat Owners Be Vigilant

Camryn Hansen — Sun, 24 May 2009 18:46:19 GMT

On Thursday, Nutro Products, one of the nation’s most popular pet food manufacturers, announced a voluntary recall of almost all its dry cat food products.

Unlike many recent pet food recalls, this one is not due to contamination, but to incorrect levels of zinc and potassium, two essential nutrients for cats that if consumed at improper levels, can cause illness.

The recalled cat food is sold under the brand names Nutro Natural Choice Complete Care and Nutro Max dry cat foods with "Best If Used By” dates between May 12, 2010 and August 22, 2010. No dry dog food or canned dog or cat food has been affected.

Nutro is advising consumers who have purchased these products to immediately stop feeding them to their cats, and switch to another food containing a balanced nutritional profile.

The company has not yet received complaints in connection with the nutrient imbalance, but asks that cat owners consult their vets immediately if their cats exhibit symptoms such as loss of appetite or refusal of food, weight loss, vomiting or diarrhea.

Customers may return any unused portion of recalled Nutro cat food to the store for a full refund or exchange.

Read the full press release here.

Originally posted at InjuryBoard by Camryn Hansen

Where’s the Contaminated Beef? 96,000 Pounds Recalled for E. Coli Contamination

Camryn Hansen — Fri, 22 May 2009 17:26:39 GMT

Yesterday, Illinois meat producer Valley Meats recalled 96,000 pounds of beef for suspected E. coli contamination.

The USDA has classified the recall as "Class One"—meaning that the meat carries a particularly high risk to health if eaten.

The Ohio Department of Health first reported an outbreak of illness linked to the potentially deadly bacterium E. coli 0157:H7 to federal authorities on May 13, and clusters of illnesses have also been reported in Pennsylvania and Illinois, the department said in a news release. -CNN

E. coli is a dangerous bacterium which can cause bloody diarrhea, dehydration, and kidney failure, especially in young children, the elderly, and those with weak immune systems.

The USDA’s website provides a complete list of the recalled products, which were packaged under a number of different labels, including the "Keep frozen", "J & B", "Klub", "Thick 'n Savory" and "Ultimate" brand names. All 96,000 pounds of them were produced on March 10.

The sheer size and scope of this recall should open our eyes to the widespread damage to public health that factory farmed, mass-transported meat can cause in this country. Choosing locally and sustainably grown foods from sources you know and trust is better for your local economy and your health.

Originally posted at InjuryBoard by Camryn Hansen

FDA Not Auditing Enough State Food Safety Inspections

Mike Ferrara — Sat, 09 May 2009 23:42:49 GMT

Data from the Food and Drug Administration (FDA) indicates that the agency is not meeting its goals for auditing the state food-safety inspections done on its behalf.

State agency inspections account for a full 50% of all FDA food inspections. The FDA has a goal of auditing only 7% of these to ensure state compliance with inspection requirements but did not meet this goal in 17 of the 39 states it paid to do inspections in 2007-2008. The FDA performed no audits at all in five of these states: Iowa, Kansas, Maryland, Nebraska, and Wyoming.

A lack of proper auditing can mean serious problems for food safety. When in 2007-2008, the state of Georgia inspected the Peanut Corporation of America’s plant, which ultimately proved responsible for a salmonella outbreak that killed at least eight and sickened hundreds, it found only minor problems. When the FDA inspected the same plant, it discovered major food safety issues.

President Barack Obama's new pick to head the FDA, bioterrorism expert and former NYC health commissioner Dr. Margaret Hamburg, has pledged to make protecting the country’s food supply a major priority. Hamburg has indicated that if confirmed, she will “put science first” at the FDA, and ensure that the agency is running an “open and accountable operation.”

Obama's budget, released Thursday, calls for a $260-million increase for the FDA's food safety program. Past budget cuts have hit the food inspection program hard, and part of the new funding would go to rebuild the ranks of inspectors. -AP

Currently, manufacturing and ensuring distribution of an effective vaccine against swine flu tops the FDA’s priority list. If the virus turns out to be milder that it first presented itself, large scale immunization for the American population may not be necessary.

Hamburg has said that in general, she wants the FDA to be able to stop damage controlling outbreaks after they have already hit and focus instead on prevention.

Originally posted at InjuryBoard by Mike Ferrara

Not Just For Baby Bottles – Congress Considers Federal Ban on BPA in ALL Food and Beverage Containers

Camryn Hansen — Sun, 15 Mar 2009 16:25:00 GMT

Earlier this week, House and Senate leaders initiated legislation which would put a federal ban on the toxic chemical bisphenol A (BPA) in not just baby bottles, but all food and beverage containers.

Rep. Edward J. Markey (D-Massachusetts) and Senators Dianne Feinstein (D-California) and Charles E. Schumer (D-New York) introduced the bills just a day after Sunoco announced to investors that it was refusing to sell BPA to companies for use in food and beverage containers for children under 3, saying that it could not ensure the chemical’s safety.

Last October, when the FDA would not regulate BPA in baby bottles, attorneys general from New Jersey, Delaware, and Connecticut sent letters to 11 companies that manufacture baby bottles and formula containers, asking them to voluntarily stop using BPA to produce these products because of the chemical’s potential threat to infant health. Last week, six baby-bottle makers, including Playtex and Gerber, finally capitulated, and announced that they would stop using BPA to make baby bottles.

BPA, which is used in the production of polycarbonate plastic (which makes up our CDs, DVDs, water bottles, Tupperware and eyeglass lenses) as well as polyesters and epoxy resins, is a known endocrine disruptor. In animal tests, it has been shown to interfere with proper hormone function, resulting in increased rates of diabetes, breast and prostate cancers, obesity, early puberty, and reproductive and neurological problems. Recent studies also indicate that BPA interferes with the effects of chemotherapy in breast-cancer patients.

Though the FDA has taken the industry-friendly position for many years that BPA is “safe” for human use, members of Congress have accused the agency of cherry picking research to support its BPA approval, noting that its entire evaluation relied on only two studies, both of which were funded by the American Chemistry Council (which represents plastic resins manufacturers), and one of which was never even published or peer reviewed.

A federal ban on BPA in all food and beverage containers is necessary for the sake of American consumer health in all stages of life. Please offer your enthusiastic support for this new legislation.

Originally posted at InjuryBoard by Camryn Hansen

A Little Late, FDA Issues New Safety Guidelines for Companies Using Peanuts

Mike Ferrara — Wed, 11 Mar 2009 22:59:24 GMT

In the wake of a salmonella outbreak in peanut products from the now bankrupt Peanut Corporation of America (PCA), which, according the CDC, sickened at least 683 people and killed 9, the FDA issued safety guidelines this week to all companies using peanut products. It said that it may begin to seize whose products which test positive for salmonella bacteria.

The FDA advises that although salmonella bacteria are generally heat-sensitive, they can become heat-resistant in high-fat environments such as peanut butter. Salmonella can also survive in products like peanut butter or peanut paste when the peanuts used to make them are not roasted properly. Baking peanut butter into cookies and crackers can be insufficient to kill the bacteria if the temperature is too low, or is not kept constant. And products like ice cream, which are both frozen and high in fat, actually protect salmonella bacteria.

In light of these facts, the FDA is urging food manufacturers to buy peanut products “only from suppliers with validated processes in place to adequately reduce the presence of Salmonella species.” It’s also urging companies to check for salmonella in the products they manufacture.

We have to ask ourselves: why only now is the FDA recommending that manufacturers pay attention to where their products come from and whether or not they’re tainted with life-threatening bacteria? They should have been doing this already. We trust them (with our lives—literally) to do it. Because they did not, a total of 3,235 products have been recalled, and a full two months after the discovery of salmonella in PCA’s products, consumers are still reporting serious illness from salmonella complications. It’s unconscionable that it should take these kinds of events for the FDA to “urge” companies to take responsibility for the safety of their products.

Originally posted at InjuryBoard by Mike Ferrara

Proposed FDA Globalization Act Will Help Prevent Salmonella Outbreaks, Preserve Food Safety, and Ensure Consumer Rights

Camryn Hansen — Mon, 02 Feb 2009 15:49:24 GMT

Last week, Congressman John Dingell (D-MI) introduced a plan to update the Food and Drug Administration (FDA) which, according to the American Association for Justice, “would help ensure the safety of the nation’s food, drugs, medical devices and cosmetics and help restore confidence in the safety of the nation’s products.”

The Food and Drug Administration Globalization Act, if approved, would impose registration fees on processing plants to help fund food safety initiatives, would increase the frequency of manufacturing facility inspections to once every four years, would raise the penalties for noncompliance with FDA regulations, and would ensure more widespread safety-testing of imported food products. It would also give the FDA greater authority to recall products it deems potentially harmful to consumers.

Last week, we learned that peanut producers deliberately put consumers at risk by knowingly allowing salmonella-tainted peanut butter to leave their facilities for store shelves all across the country. The resulting salmonella outbreak has already killed at least eight people and sickened hundreds of others. According to the AAJ, the proposed FDA Globalization Act would not only decrease the potential for these kinds of incidents to occur, but would allow for increased accountability for the guilty parties—by ensuring that consumers injured by tainted food maintain their rights to pursue compensation through the courts.

“With the onslaught of reports of contaminated spinach, tomatoes, beef, pet food, and now peanut butter, it is clear increased funding and authority is needed at the FDA like Congressman Dingell’s legislation provides,” said Bill Marler, a food safety attorney and member of the American Association for Justice’s Foodborne Illness Litigation Group.

“However, the revelation the peanut manufacturer responsible for the salmonella outbreak knowingly endangered consumers by selling product they knew was harmful shows why FDA enforcement is not enough,” added Marler. “The increased inspections and civil justice penalties provided by this legislation go hand-in-hand with the right to hold wrongdoers accountable for the food they sell and profit from,” added Marler. “We are glad Congressman Dingell included language to protect the right of consumers to seek justice on these issues in the court system.”-AAJ

It would benefit all of us to throw our support behind the FDA Globalization Act.

Originally posted at InjuryBoard by Camryn Hansen

History of Health Violations at Georgia Peanut Butter Plant – FDA Let it Ride

Mike Ferrara — Mon, 26 Jan 2009 22:35:20 GMT

The Georgia plant that produced the salmonella-tainted peanut butter, which to date has killed at least seven people and sickened nearly 500, was cited several times in 2006 and 2007 for health violations including dirty surfaces, grease residue, and dirt buildup in the plant.

According to inspections reports The New York Times received from Georgia officials:

Inspections of the plant in Blakely, Ga., by the State Agriculture Department found areas of rust that could flake into food, gaps in warehouse doors large enough for rodents to get through, unmarked spray bottles and containers and numerous violations of other practices designed to prevent food contamination. The plant, owned by the Peanut Corporation of America of Lynchburg, Va., has been shut down.

A typical entry from an inspection report, dated Aug. 23, 2007, said: “The food-contact surfaces of re-work kettle in the butter room department were not properly cleaned and sanitized.” Additional entries noted: “The food-contact surfaces of the bulk oil roast transfer belt” in a particular room “were not properly cleaned and sanitized. The food-contact surfaces of pan without wheels in the blanching department were not properly cleaned and sanitized.”- Roni Caryn Rabin, The New York Times

In 2008, two inspection reports cited the plant in violation of safety practices ensuring that “food and non-food contact surfaces were cleanable, properly designed, constructed and used.”

According to officials, the state of Georgia had contracted with the FDA to perform plant inspections on the federal agency’s behalf.

Why did it take a salmonella outbreak to close a food processing plant that should have been forced into compliance or shut down by the FDA years ago? The answer may be, as potential FDA head Dr. Steven Nissen has suggested, that the FDA is simply too understaffed and overworked to responsibly handle the enormous tasks involved in food inspection. For the health of all Americans, the new administration can't let this kind of FDA languish in mediocrity any longer.

Originally posted at InjuryBoard by Mike Ferrara

FDA is Understaffed, Underfunded, and Can’t Handle Food Inspections

Mike Ferrara — Sun, 25 Jan 2009 00:02:08 GMT

This week, Dr. Steven Nissen, the current chairman of cardiovascular medicine at the Cleveland Clinic who may soon become head of the Food and Drug Administration under President Obama, said that the FDA is not equipped to handle the increasingly complex processes of inspected the United States food supply.

According to Nissen, the enormous tasks involved in approving medications and medical devices have swamped the FDA to the point where it’s lost control of the food situation.

"The truth be told, the FDA is a failed agency . . . the main problem is that it is terribly underfunded," Nissen said. "It needs to do more inspections, especially of foods brought in internationally. We are all very vulnerable. This has to be fixed and fixed quickly."

Nissen is no stranger to speaking out against the FDA and has garnered the spotlight for occasionally taking the agency to task, even while serving as a committee member on high-profile FDA drug panels.

He is widely known as a physician-activist and doesn't mind taking heat from drug companies when he finds deadly flaws in their products. –Delthia Ricks, CNN

As more and more food is being imported to the United States, more inspections are needed to ensure that products like the recent melamine-tainted milk and infant formula from China don’t make it onto American store shelves. At this time, much of the food brought in from abroad isn’t FDA-inspected at all.

Nissen, a long-time proponent of drug safety, voiced early objections to the Merck drug Vioxx, arguing (quite correctly, as it turned out) that the drug caused heart attacks. Accordingly, Vioxx was taken off the market in 2002. In 2007, his warnings that the diabetes drug Avandia could also cause heart attacks led the FDA to give the drug the black box warning label it carries today.

Originally posted at InjuryBoard by Mike Ferrara