Articles Posted in Product Liability

On January 13, 2009, the Peanut Butter Corporation of America announced a nationwide peanut butter recall after discovering one of the many, many products made with its peanut butter, contained salmonella, and six cases of salmonella have already been reported in Illinois. Though none of the affected peanut butter has apparently been sold directly to consumers, there are so many products that contain some amount of peanut butter in kitchens across the country, the scope of this recall is expected to be significant. Unlike recent food recalls for tainted lettuce and other vegetables, the food products containing peanut butter sit on shelves in stores and pantries for months or even years. Currently, the recall affects products produced after July 1, 2008. The FDA’s website contains current information about the peanut butter recall and the affected products.

Salmonella is a group of bacteria that can cause intestinal infections, and there are many types of Salmonella bacteria. According to the Centers for Disease Control and Prevention (“CDC”), most persons infected with this foodborne illness develop diarrhea, fever, and abdominal cramps 12 to 72 hours after infection. The illness usually lasts 4 to 7 days, and most persons recover without treatment. However, in some cases, the diarrhea may be so severe that the patient needs to be hospitalized. To learn more about Salmonella, visit the CDC’s website.

The FDA continues to update the recall, and the American Peanut Council also lists brands which are not affected by the peanut butter recall.

Here at the Brod Law Firm, we were glad to read about how California assembly member Jared Huffman’s bill: AB 1860, a bill intended to protect consumers, became law on January 1st of this month. Huffman introduced the bill because of his concerns over the fact that recalls by the federal Consumer Product Safety Commission (CPSC) are on a voluntary basis and do not require retailers to remove dangerous product s from store shelves. Huffman stated, “The federal government’s limited powers of enforcement and voluntary recalls are not enough to protect consumers, especially our children, from the dangers of lead poisoning and other hazards. In the absence of federal laws requiring that hazardous products be removed from store shelves and further circulation, I have introduced AB 1860 to better protect consumers and companies from products that are known to be unsafe. ” This new law also addresses the fact that many recalled products stay in circulation long after the recalls have been announced and that in California there is no system in place to ensure that recalled products are taken off the market. Most importantly, this new law will officially attempt to fix this problem by requiring the immediate removal of recalled products from the market, prohibiting the sale of recalled products and requiring retailers to post recall notices in a conspicuous fashion. Retailers will also be required to notify consumers who have purchased recalled products, if their contact information is available, and manufacturers must also provide a way for the products to be returned to them. Additionally, the law imposes stiff fines against those who sell recalled products to prevent the items from surfacing on the internet or at second-hand stores.
To underscore how much this new law is needed, Huffman referenced a study published in August 2007 in the journal Injury Prevention. In the study 301 thrift stores were examined, and researchers found that 69% were selling at least one hazardous product. The study also found previously recalled products have been associated with child injuries. This new law will now hold manufacturers and retailers accountable for removing dangerous products from the marketplace, which will protect consumers from harming themselves. The CPSC recommends that all resellers check their website at www.cpsc.gov to obtain information on recalled products before taking inventory or selling a product. After defending so many cases related to defective products injuring innocent consumers, we are relieved to hear that an assembly member has made efforts to reduce the future risk of consumer injuries, especially injuries to children.