Product liability

Unlike medical device and drug manufacturers, food manufacturers generally cannot hold the FDA responsible for their actions. Consumers who were sickened, injured or died due to POA’s contaminated facilities would generally have a claim against POA itself for knowingly selling a product which it knew was contaminated.

However, many believe that the FDA is also to blame for not inspecting the plant. Although the FDA contracts its inspections of that particular plant to the Georgia Department of Agriculture, consumer advocate groups are saying that the FDA didn’t follow through. The FDA has said that it simply doesn’t have the manpower to inspect the thousands of food production facilities that it should – an issue which the Obama Administration is likely to address.

Which products are affected?

Although jarred peanut butter was recalled in 2007, the current recalls do not include peanut butter that is sold in jars, such as Peter Pan, Skippy or Jif. POA generally sold its contaminated peanut butter to manufactures that use it in products such as energy bars, cereal, crackers and ice cream. The list of products subject to salmonella contamination and recall are too long to list, but can be found here.

Salmonella is a bacterium which can cause illness lasting between four and seven days. The illness generally consists of diarrhea, abdominal cramps and fever that begin within twelve to 72 hours after eating the contaminated food. Symptoms in children, the aged or those with poor immune systems are especially vulnerable to serious injury or death.

If you’ve been injured by a contaminated product, contact an experienced products liability attorney to discuss your situation and evaluate your options. Consultations with a lawyer are free of charge, without obligation and are strictly confidential.