Tag: peanut butter

The Uniform Commercial Code and Food Recalls

Article 2 of the Uniform Commercial Code ("UCC") is the source for determining the contract rights between parties, often including completely innocent parties, involved in a product recall. The terms of the parties' contract, often subject to the so-called "battle of the forms" will determine their relative rights. The timing of the recall, whether it occurs before acceptance, during the time when a revocation of acceptance can still be possible, or when the only remaining claims are for breach of warranty, will also have a critical effect on the parties' relative rights.… Continue Reading

Maple Leaf Foods: A Case Study in the Persistence of Memory

Maple Leaf Foods is Canada’s largest food processor, and as the name implies, it traces its history a long way with our neighbor to the north.  It has always prided itself on its food safety procedures.  Last year, as was widely reported, more than 20 people all across Canada died from listeriosis traced to one … Continue Reading

PCA Files for Chapter 7 Bankruptcy

Peanut Corporation of America has filed for Chapter 7 liquidiation under the U.S. Bankruptcy Code in the Western District of Virginia. It claims its secured debt exceeds its assets, which means that persons harmed by salmonella in its peanut butter may only be able to collect to the extent of any insurance.… Continue Reading

A Nicely Balanced Article from the AP

An AP story by Holly Ramer does a good job of balancing the issues about the peanut butter recall and isn't afraid to identify parents who are still feeding peanut butter to their kids--including the President and First Lady.… Continue Reading

PCA President Parnell Pleads Fifth Amendment Before House Committee

Stewart Parnell, President and owner of Peanut Corporation of America, appeared before a subcommittee of the House Committee on Oversight and Government Reform today.  The hearing did without his testimony, howevver, as he pleaded the Fifth Amendment.  As we try to follow the breaking news (including, sadly, a ninth death linked to the salmonella in … Continue Reading

The Human Cost of the Peanut Recall Part Three

This article in today’s Seattle Post-Intelligencer is, of course, pretty much self-explanatory.  That I’ve left this side of the tragedy to Part Three is because it’s been so hard to face.  The article did a great job of handling it, and is a reason I’m going to miss the P-I if, as it is expected … Continue Reading

The Human Cost of the Peanut Butter Recall Part Two

As the troubles at Peanut Corporation of America intensify, unaffected makers of peanut butter such as ConAgra, makers of Peter Pan, and J.M. Smucker, makers of Jif, have seen sales declines, too. Consumer reluctance to buy any peanut butter products, while understandable on a surface level, will have consequences throughout the economy, and will hurt many small grocers as well as big agribusinesses.… Continue Reading

Update on Criminal Risk Management: The Peanut Case

Peanut Corporation of America's way of dealing with positive salmonella tests for its peanut products is a case study in exactly what not to do to avoid criminal prosecution. The FDA's investigation indicates that PCA shipped product before test results came in and then continued to ship after receiving positive tests. This is precisely the kind of actions that are likely to compound, not lessen, the likelihood of criminal prosecution. Indeed, the FBI is now involved in the case, assisting the FDA's Office of Criminal Investigations.… Continue Reading

Irradiation as a Part of Food Safety Reform?

In the wake of the latest Salmonella recall, Congress is holding well-publicized food safety hearings, and food safety may be rising on the priority list of the Obama administration. One question that arises is whether the perceived crisis in food safety will lead lawmakers and the public to revisit the option of food irradiation. The … Continue Reading

Lengthy List of Products NOT Affected By Peanut Butter Recall

UPDATE  to "Avoiding the Panic" – The American Peanut Butter Council has a website that lists products it knows are UNAFFECTED by the peanut butter recall associated with the current Salmonella outbreak. The list of unaffected products is lengthy and growing. Lets hope the media is successful at assisting consumers avoid the panic by providing them with the information to … Continue Reading

Peanut Butter – Avoiding The Panic

Marler Blog and some of the press have been sounding the alarm on all peanut butter products.  True the FDA and CDC have been investigating a multi-state Salmonella outbreak and that there may be a connection with certain peanut butter products. But does this mean that consumers, restaurants and food sellers should avoid all peanut butter products? The … Continue Reading
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