Month: June 2012

Diamond Pet Foods: The Lawsuits Begin

Attorneys in both the USA and Canada have launched Class Action suits against Diamond Pet Foods and Costco, in the latest development in this cross-border Salmonella saga.

The Canadian suit was filed on May 9, 2012 in the Superior Court of Quebec by the Consumer Law Group; the US suit was filed in the US District Court, Eastern District of New York on May 30, 2012 (Civil Action #CV12 2708).

Neither suit has received wide publicity yet, and the US suit, as of earlier today, boasted only two class members.

As of June 13, 2012, the CDC confirmed 20 cases of human salmonellosis in 13 states, all of them caused by a single strain of Salmonella Infantis – the same strain that was recovered from samples of dry pet food manufactured in the Gaston, South Carolina production facility of Diamond Pet Foods. Two cases also were confirmed by the Public Health Agency of Canada – one in Quebec and one in Nova Scotia.

It is rare that I choose to comment on the filing of law suits, class action or otherwise. But certain wording in the US filing by Samuel H. Rudman of Robbins Geller Rudman & Dowd LLP made me cringe. On page 2 of the filing, and again on page 10, the Complaint refers to “the Salmonella virus.”

Messrs. Robbins Geller Rudman & Dowd: Salmonella is NOT a virus. Salmonella is a bacterium. The two are very different – they have different survival and growth characteristics. Please get your terminology right!

It’s bad enough when a news reporter – whether in print, on the Internet, on radio or on television – makes this error and shows his or her ignorance. It’s doubly bad when a formal legal complaint makes the same error. It shows a lack of knowledge and lack of attention. It’s sloppy and does not engender confidence.

Messrs. Robbins Geller Rudman & Dowd: Please educate yourselves. Your clients – actual and potential – deserve your full attention.

Recalls and Alerts: June 23, 2012

Here is today’s list of food safety recalls, product withdrawals, allergy alerts and miscellaneous compliance issues. The live links will take you directly to the official recall notices and company news releases that contain detailed information for each recall and alert.

If you would like to receive automatic email alerts for all new articles posted on eFoodAlert, please submit your request using the sidebar link.

United States

  • Food Safety Recall: Healthy Choice Island Blends, Inc. (Los Angeles, CA) recalls Liquid Gold Carrot Juice (16-oz, 32-oz and 64-oz plastic see-through containers; UPC 7 63213 00130; All codes), because the product has the potential to be contaminated with Clostridium botulinum. The recalled Carrot Juice was distributed in California and sold wholesale to produce companies.
  • Food Safety Recall: Dole Fresh Vegetables recalls Kroger Fresh Selections Greener Supreme bagged salad (Code N158 211B 1613 KR04; Use-by June 19; UPC 11110 91039), Kroger Fresh Selections Leafy Romaine bagged salad (Code N158 111B KR11; Use-by June 19; UPC 11110 91046) and Wal Mart Marketside Leafy Romaine bagged salad (Code N158111B; Use-by June 19; UPC code 81131 02781), because the products may be contaminated with Listeria monocytogenes. The recall was initiated after the State of North Carolina found Listeria monocytogenes in a random sample test of Marketside Leafy Romaine salad.
  • Food Safety Recall: Hidden Valley recalls Hidden Valley Original Ranch Salad Crispins (2.5 oz; Lot #DBG1; Best before NOV 27 2012; UPC 10071100008347), because the product may have been manufactured with a seasoning blend ingredient that is the subject of the recent Kerry Ingredients recall (potential for contamination with metal fragments).
  • Outbreak Alert: The Onondaga County Health Commissioner announces that there have been 15 lab-confirmed and an additional 10 probable cases of Shigella infections identified in the county. The source of the outbreak is under investigation.

Canada

  • Allergy Alert: Pâtisseries Sanda Inc. (Brossard, QC) recalls Milles-Feuilles – Custard (450g packages; Code 12151; UPC 8 93837 00048 6), due to the presence of undeclared milk. The recalled product was distributed in Quebec.
  • Food Safety Recall: Deltason Trading Ltd. recalls Yellow Croaker – Fresh (various sizes; Sold at retail between May 16, 2012 and May 20, 2012, inclusive), due to the presence of drug residues. The recalled product was sold in British Columbia.
  • Food Safety Recall: Loblaw Companies Ltd. recalls Kettle Cheddar & Sour Cream Krinkle Cut Potato Chips (397g; Code 2012 NO 22; UPC 0 84114 11731 1) and Kettle New York Cheddar Potato Chips (220g; Code 2012 NO 15; UPC 0 84114 11907 0), due to extraneous material (metal) contamination.

Europe

  • Food Safety Recall/Outbreak Alert (France): La Société des viandes élaborées d’Estillac recalls Jean Roze, Netto and Top Budget brands fresh ground steak, 15% and 20% fat (Expiration dates from 28 May to 15 June 2012), in connection with an investigation into cases of E. coli infections that may be linked to the consumption of fresh ground steak (ie., hamburgers). The recalled meat was sold in the self-serve fresh meat departments between May 22nd and June 15th in Intermarché and Netto stores in the following South-West region départements: 12, 16, 17, 19, 24, 31, 32, 33, 40, 46, 47, 64, 65, 81, 82, 87.
  • Outbreak Alert Update (Belgium): Two new cases of E. coli infection have been confirmed in Limburg Province, bringing the total number of outbreak victims to 23.
  • Allergy Alert Notification (EU #2012.0855): Undeclared soy in chocolate mousse from France; distributed to Denmark and Iceland.
  • Food Safety Notification (EU #2012.0856): Risk of physical injury due to explosion of overpressurised bottles containing juices from the United Kingdom; distributed to Belgium and the Netherlands.
  • Food Safety Notification (EU #2012.0858): Suspicion of food poisoning caused by dietetic food product from unknown origin, via Norway; distributed to Poland.

Some supermarket chains post recall notices on their web sites for the convenience of customers. To see whether a recalled food was carried by your favorite supermarket, follow the live link to the supermarket’s recall web site.

*The Kroger umbrella encompasses numerous supermarket, marketplace and convenience store chains, listed on the Kroger corporate home page.
**Includes Safeway, Vons, Pavilions, Dominick’s, Genuardi’s, Randalls, Tom Thumb, Carrs and Pak N’ Save.

Recalls and Alerts: June 22, 2012

Here is today’s list of food safety recalls, product withdrawals, allergy alerts and miscellaneous compliance issues. The live links will take you directly to the official recall notices and company news releases that contain detailed information for each recall and alert.

If you would like to receive automatic email alerts for all new articles posted on eFoodAlert, please submit your request using the sidebar link.

United States

  • Food Safety Recall: Living Harvest recalls Living Harvest Hempmilk (32-oz; All flavors; Best before August 1, 2012 through August 31, 2012), due to product clumping. The recalled product was sold at Buehler’s Fresh Foods and may also have been sold at other retailers.
  • Outbreak Alert Update: CDC reports that a total of 15 persons have now been confirmed to be part of the outbreak of E. coli O145 in Alabama (2), California (1), Florida (1), Georgia (5), Louisiana (5) and Tennessee (1). One death has been reported in Louisiana, and four of the 15 victims were hospitalized. The source of this outbreak still has not been identified.
  • Outbreak Alert: Seven attendees at a nationwide meeting of county commissioners held in Portland, Oregon became ill after eating breakfast at the Crowne Plaza Hotel in Northeast Portland. All seven at eggs benedict; an eighth person who also ate eggs benedict had the hollandaise sauce on the side, and did not become ill. Lab tests confirmed that two of the seven people were sickened by Staphylococcus aureus toxin. The other five people were not tested, and none of the sauce was available for lab testing.
  • Outbreak Alert: About 40 students attending a program at George Mason University developed gastroenteritis, thought to be due to a norovirus infection.

Europe

  • Allergy Alert (UK): Frozen Value Ltd withdraws Picard Chocolate and Pistachio Cones (box of 6 ice creams; Best before March 2013), because the product contains traces of undeclared peanut.
  • Food Safety Recall (Denmark): Aldi K/S recalls Whole, fresh chilled chicken (1300g; Lot 25069280; Best before 12-06-2012; Product of Germany), after Campylobacter was detected in a sample of the product.
  • Food Safety Recall (Denmark): Thailandia Import recalls Fresh red chili pepper (100g plastic bag; Lot #603-900), after insect larvae were found in the product.
  • Food Safety Recall (Denmark): Kohberg Bakery Group A/S recalls Kohberg Kanelgifler (260g; Lot code B4, B5 and B6; Best before 26/6-2012, 27/6-2012 and 28/6-2012), due to mold growth.
  • Outbreak Alert Update (Belgium): Five people remain hospitalized due to an STEC E. coli outbreak that has sickened 21 people in Limbourg.

Australia and New Zealand

  • Food Safety Recall (Australia): Marchetti Smallgoods recalls Marchetti Leg Ham, sliced (approx. 200g vacuum-sealed pkg; Use by 05.07.12), because the product may be contaminated with Listeria monocytogenes. The recalled product was sold in small independent supermarkets in Victoria.

Some supermarket chains post recall notices on their web sites for the convenience of customers. To see whether a recalled food was carried by your favorite supermarket, follow the live link to the supermarket’s recall web site.

*The Kroger umbrella encompasses numerous supermarket, marketplace and convenience store chains, listed on the Kroger corporate home page.
**Includes Safeway, Vons, Pavilions, Dominick’s, Genuardi’s, Randalls, Tom Thumb, Carrs and Pak N’ Save.