PritzkerOlsen Files a Lawsuit against Wegmans On Behalf of Pine Nut Salmonella Outbreak Victim
FOR IMMEDIATE RELEASE
The national food safety law firm PritzkerOlsen has filed a lawsuit on behalf of a victim of the multistate Salmonella outbreak linked to Turkish pine nuts sold at grocery stores operated by Wegmans Food Markets, Inc., of Rochester, N.Y., and distributed by Sunrise Commodities, of Englewood Cliffs, New Jersey. The lawsuit against Wegmans and Sunrise Commodities was filed in the New York State Supreme Court in Monroe County by PritzkerOlsen with local counsel.
In September 2011, the plaintiff purchased pine nuts at Wegmans and made basil pesto with them. After eating the pesto, she began to suffer weakness, abdominal pain, diarrhea and fever. Her condition worsened, and she was later admitted to the hospital.
The plaintiff was one of at least 42 people in five states who contracted a Salmonella infection after eating the pine nuts, according to the CDC. Most of the victims, 27 of them, are from New York. There are also eight victims from Pennsylvania, four from Virginia, two from New Jersey and one from Maryland.
“This outbreak was caused by a breakdown in the food safety systems designed to protect consumers” said food safety attorney Fred Pritzker. “After-the-fact testing conclusively proved that the Turkish pine nuts were adulterated with Salmonella Enteritidis. Had these companies properly tested the product in the first place, this outbreak would not have occurred.”
Public health investigators used DNA “fingerprints” of the Salmonella strain to identify cases of illness that were part of this outbreak. After laboratory testing linked the illnesses to pine nuts sold in bulk bins at Wegmans grocery stores, the company issued a recall of 5,000 pounds of Turkish pine nuts sold at 78 stores in New York, Pennsylvania, New Jersey, Virginia, and Maryland between July 1 and October 18, 2011.
Further tests by the FDA confirmed that Salmonella matching the outbreak strain was present on samples of Turkish pine nuts taken from a warehouse used by Sunrise Commodities. The recall was then expanded to include pine nuts that had been distributed to food vendors in Florida, New Jersey, New York and Canada.
Attorneys Fred Pritzker and Ryan Osterholm represent the plaintiff in this case. They can be reached at 1-888-377-8900 (TOLL FREE) or at http://www.salmonellaclaimcenter.com or www.pritzkerlaw.com. PritzkerOlsen, P.A. has offices in Minneapolis, Minnesota.
Contact
Pritzker Olsen, P.A.
Fred Pritzker
Phone: 612-338-0202
fhp@pritzkerlaw.com
Egg Recall and Salmonella Outbreak Lawyer Fred Pritzker
Food safety attorney Fred Pritzker is representing victims in a recent egg recall and Salmonella outbreak. This outbreak involves millions of eggs potentially contaminated with Salmonella Enteritidis.
If you or a loved one has been sickened in this outbreak, contact the food safety lawyers at Pritzker Olsen to discuss a Salmonella lawsuit.
Updated Searchable List of Retailers in Daniele Salami Salmonella Recall Nationwide
USDA’s Food Safety and Inspection Service has updated its list of retailers known to have received pepper salami Salmonella products under recall by salame manufacturer Daniele Inc. of Pascoag, Rhode Island.
Daniele’s pepper salami products have been linked by a state and federal health investigation to a 42-state salami Salmonella outbreak that has sickened more than 200 people, including at least 37 hospitalized.
Here is the UPDATED list of retailers that have distributed recalled products:
- Albertsons Stores in AZ, CO, ID, LA, MT, NM, OR, TX, UT, WA, WY
- Beverages & More!Stores in CA
- Bi-Lo Stores in SC, TN
- BJ’s All stores nationwide
- Bloom Stores in MD, NC, SC, VA
- Bottle King Stores in NJ
- Brookshire Bros.Stores in TX
- Costco All stores nationwide
- D’Agostino Supermarket Stores in NY
- Dave’s Market Stores in RI
- Earth Fare Stores in NC, TN
- Food Emporium Stores in NJ
- Fred Meyer Stores in AK, ID, OR, WA
- Fresh Fields Stores in TX
- Fry’s Food and Drug/Fry’s Marketplace Stores in AZ
- Giant Food StoreStores in MA, PA, VA, WV
- Haggen Stores in OR, WA
- Harris Teeter Stores in DC, DE, MD, NC, SC, TN, VA
- Hilander Stores in IL
- Kings Stores in NJ, PA
- Kroger Stores in AL, GA, IL, IN ,KY, LA, MI, MO, NC, OH, SC, TN, TX, VA, WV
- Market Basket Stores in MA, NH, NJ
- Martins Food Market Stores in MD, PA, VA, WV
- Pathmark Stores in NJ, NY, PA
- Piggly Wiggly Stores in SC
- QFC – Fresh Fare Stores in OR, WA
- Ralphs / Ralphs Fresh Fare Stores in CA, NY
- Roche Bros. Stores in MA
- Sams Clubs All stores nationwide
- Scotts Stores in IN
- Shoppers Market Stores in MD, VA
- Shop-Rite Stores in NJ
- Smiths / Smiths Marketplace Stores in AZ, ID, MT, NM, NV, UT, WY
- Stop and Shop / Super Stop and Shop Stores in CT, MA, NH, NJ, NY, RI
- Super K-Mart Stores in IL, IN, MI, NY, OH, PA, SC
- The Fresh Market Stores in NC
- Top Food Stores in WA
- Waldbaums Stores in NY
- Walmart All stores nationwide
- Wegmans Stores in NY
- Weis Stores in MD, NJ, NY, PA
- Whole Foods Stores in TX
Pepper Salami Recall List Published in Full
Our law firm is monitoring the state and federal health investigation into a nationwide Salmonella Montevideo outbreak that has sickened at least 230 people in 44 states. More than 50 people have been hospitalized.
Coinciding with the outbreak news, Rhode Island-based Daniele Inc. has announced four recalls due to Salmonella contamination since January 23. An expanded recall was announced January 31. A third recall was announced February 3. The fourth recall was announced February 16.
This salami Salmonella recall list also includes pepper-related recalls and is comprehensive of all recalled Daniele salami, two of the company’s pepper suppliers and other customers of the pepper suppliers.
Here is the complete searchable Salmonella Pepper Salami Recall list:
- 10-ounce packages of “DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER.”
- Catch weight packages of “DANIELE PEPPER SALAME.”
- 9-ounce packages of “BLACK BEAR OF THE BLACK FOREST BABY GENOA PEPPER SALAME.”
- 20-ounce packages of “DANIELE DELI SELECTION, GENOA SALAME, SMOKED SALAME, PEPPERED SALAME, RUSTIC SALAME.”
- 340- and 454-gram packages of “DANIELE SURTIDO FINO ITALIANO, SALAMI GENOA CON PIMIENTA, LOMO CAPOCOLLO, SALAMI CALABRESE.”
- 16-ounce packages of “DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO.”
- 8-ounce packages of “DIETZ & WATSON ARTISAN COLLECTION PARTY PLATTER PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO.”
- 8-ounce packages of “DANIELE ITALIAN BRAND GOURMET PACK, HOT CALABRESE, PEPPER SALAME, HOT CAPOCOLLO.”
- 16-ounce packages of “DANIELE GOURMET COMBO PACK, PEPPER SALAME, CAPOCOLLO, CALABRESE.”
- 500-gram packages of “DANIELE ITALIAN BRAND GOURMET PACK EMBALLAGE ASSORTI GOURMET ITALIEN, HOT CALABRESE, PEPPER SALAME, CALABRESE PIQUANT, SALAMI AU POIVRE, HOT CAPOCOLLO, CAPOCOLLO PIQUANT.”
- 8-ounce packages of “BOAR’S HEAD BRAND ALL NATURAL SALAME COATED WITH COARSE BLACK PEPPER.”
- Catch weight packages of “DIETZ & WATSON ARTISAN COLLECTION, BABY GENOA PEPPER SALAME, MADE WITH 100% PORK COATED WITH BLACK PEPPER AND PORK FAT.”
- 20-ounce variety packages of “DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME.”
- 21-ounce variety packages of “DANIELE GOURMET ITALIAN DELI SELECTION, SWEET SOPRESSATA SALAMI, PEPPERED GENOA SALAMI, HOT SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI GENOA POIVRÉ, SALAMI SOPRESSATA PIQUANT, SALAMI MILANO.”
- 7-ounce packages of “DANIELE SALAME BITES PEPPER SALAME.”
- 14-ounce packages of “DANIELE GOURMET ITALIAN DELI SELECTION ASSORTMENT DE FINES CHARCUTERIE ITALIENNE, SWEET SOPRESSATA SALAMI, MILANO SALAMI, SALAMI SOPRESSATA DOUX, SALAMI MILANO.”
- Catch weight packages of “DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER.”
- 32-ounce variety packages of “DANIELE DELI SELECTION, GENOA SALAME, SWEET SOPRESSATA, PEPPERED GENOA, MILANO SALAME.”
- 3-3.5 pound packages of “DANIELE HOT SOPRESSATA CALABRESE,” produced on 11/7/09, 12/16/09 and 12/18/09.
- 3-3.5 pound packages of “DANIELE SOPRESSATA CALABRESE,” produced on 12/16/09 and 12/18/09.
- 3-3.5 pound packages of “BOAR’S HEAD BRAND HOT SOPRESSATA CALABRESE,” produced on 11/28/09, 12/9/09 and 12/14/09.
- 3-ounce packages of “DANIELE NATURALE SALAME COATED WITH COARSE BLACK PEPPER.”
- Approximately 6-pound packages of “DANIELE SALAME GRANDE COATED WITH PORK FAT & PEPPER.”
- 8-ounce packages of “DANIELE HOT SALAME PANINO WITH FRESH MOZZARELLA.”
- 8-ounce packages of “BOAR’S HEAD SALAME PANINO, SALAME ROLLED IN MOZZARELLA CHEESE.”
- 8-ounce packages of “DANIELE ITALIAN STYLE SALAME PANINO, HOT SALAME ROLLED IN MOZZARELLA CHEESE.”
- Random weight packages of “DANIELE ITALIAN STYLE SALAME PANINO, HOT SALAME ROLLED IN MOZZARELLA CHEESE.”
- 8-ounce packages of “DIETZ & WATSON ARTISAN COLLECTION HOT SALAME PANINO, HOT SALAME ROLLED IN MOZZARELLA CHEESE.”
- 8-ounce packages of “DANIELE SALAME PANINO WITH FRESH MOZZARELLA AND BASIL.”
- 1-pound 8-ounce variety packages of “DANIELE CAPOCOLLO PANINO WITH FRESH MOZZARELLA AND BASIL; PRESIDENT’S PROSCIUTTO PANINO WITH FRESH MOZZARELLA AND BASIL; HOT SALAME PANINO WITH FRESH MOZZARELLA,” with UPC Code 736436709582. NOTE: The products contained in this variety three-pack may be sold individually as well.
Consumer Note: Each package bears a label with establishment number “EST. 9992,” “EST 459″ or “EST. 54″ inside the USDA mark of inspection. The establishment is recalling all the products listed above which are currently in commerce. These products were distributed to retail establishments nationwide, as well as internationally.
Dutch Valley Food Distributors, Inc. has issued a voluntary recall for the following products with a Bulk Foods Inc. label:
- 5 Pound boxes of Seasoning Salt, item 808530, with a Mfg. date of 1/4/10 and 2/2/2010
- 5 Pound boxes of Perfect Pepper Seasoning, item 808399, with a Mfg. date of 1/4/2010
- 5 Pound boxes of Perfect Pepper Dip Mix, item 278115, with a Mfg. date of 12/7/2009
- 5 Pound boxes of Vegetable Dip Mix, item 278112, with a Mfg. date of 1/4/2010 and 2/2/2010
- 5 Pound boxes of Southwest Dip Mix, item 278109, with a Mfg. date of 2/2/2010
- 50 Pound boxes of Medium Black Pepper, item 808464 with a lot number of 3309 (B, F, G, K, P and T) and 3258 (B, D, G, L, P, Q, R, T and X)
- 20 Pound boxes of Coarse Black Pepper, item 808465 with a lot number of 3309 (B, F, G, K, P and T) and 3258 (B, D, G, L, P, Q, R, T and X)
- 25 Pound boxes of Fine Black Pepper, item 808466 with a lot number of 3309 (B, F, G, K, P and T) and 3258 (B, D, G, L, P, Q, R, T and X)
- 50 Pound boxes of Fine Black Pepper, item 808467 with a lot number of 3309 (B, F, G, K, P and T) and 3258 (B, D, G, L, P, Q, R, T and X)
- 25 Pound boxes of Whole Black Peppercorns, item 808468 with a lot number of 3309 (B, F, G, K, P and T) and 3358 (B, D, G, L, P, Q, R, T and X)
- 20 Pound boxes of Medium Black Pepper, item 808469 with a lot number of 3309 (B, F, G, K, P and T) and 3358 (B, D, G, L, P, Q, R, T and X)
- 5 Pound pails of Whole Black Peppercorns, item 808470 with a lot number of 3309 (B, F, G, K, P and T) and 3358 (B, D, G, L, P, Q, R, T and X)
Mincing Overseas Spice Company of Dayton, New Jersey is recalling black pepper Lots 3258 and 3309 because of possible contamination with Salmonella.
- Black pepper was not distributed at retail level and was shipped to FL, IA, IL, IN, MA, OK, NJ, NY, PA, RI, TX and WI.
- The black pepper was sold in 50 lb, 25 lb, and 20 lb cartons with Mincing Overseas Spice Company’s name.
Wholesome Spice of Brooklyn, New York is recalling 25 pound boxes of crushed red pepper sold between April 6, 2009 and January 20, 2010.
- Wholesome Spice sells spices directly to commercial customers, who may have incorporated them into their own products.
- FDA is currently working with Wholesome Spice to identify the customers who received the recalled product and determine if further recalls are necessary.
Frontier Natural Products Co-op of Norway, Iowa, is recalling several of its products manufactured with black pepper purchased from Mincing Overseas Spice Co.
- Frontier Cajun Blackened Fish/Meat seasoning
16.00 oz.
0-89836-00351-5
0011 - Frontier Curry powder
16.00 oz.
0-89836-00139-9
0007, 0029, 9350,9351 - Frontier Curry powder
2.19 oz.
0-89836-18338-5
9352, 0042 - Frontier Curry powder
400.00 oz.
0-89836-80139-5
0029, 9351 - Frontier Garlic N Herb blend
1.94 oz.
0-89836-18908-0
0005, 9351 - Frontier Garlic N Herb blend
16.00 oz.
0-89836-00295-2
0035, 9324, 9334, 9344, 9363 - Frontier Garlic N Herb blend
400.00 oz.
0-89836-80295-8
0033, 9335 - Frontier Greek Seasoning blend
16.00 oz.
0-89836-00353-9
0032, 9310 - Frontier Herbs of Italy
0.80 oz.
0-89836-18446-7
9355 - Frontier Muchi Curry powder
16.00 oz.
0-89836-00138-2
0004, 9350 - Frontier Oriental Seasoning blend
16.00 oz.
0-89836-00360-7
9356, 9363, 0061 - Frontier Pepper Black Coarse Grind
16.00 oz.
0-89836-00181-8
9327, 9357 - Frontier Pepper Black Coarse Grind
1.76 oz.
0-89836-18381-1
9339 - Frontier Pepper Black Coarse Grind
400.00 oz.
0-89836-80181-4
0019, 0032 - Frontier Pepper Black Cracked
16.00 oz.
0-89836-00282-2
9321, 9349 - Frontier Pepper Black Cracked
400.00 oz.
0-89836-80282-8
0021, 0004 - Frontier Pepper Black Fine Ground
16.00 oz.
0-89836-00298-3
0008 - Frontier Pepper Fine Grind
1.76 oz.
0-89836-18382-8
0020 - Frontier Peppercorns Black Whole L/M
16.00 oz.
0-89836-00183-2
9299, 9306, 9357 - Frontier Salad Sprinkle
1.23 oz.
0-89836-18901-1
0005 - Frontier Salad Sprinkle blend
16.00 oz.
0-89836-00367-6
0022 - Frontier Spaghetti Seasoning
16.00 oz.
0-89836-00384-3
9341 - Frontier Thai Seasoning blend
16.00 oz.
0-89836-00387-4
0015 - Frontier Veggie Pepper blend
16.00 oz.
0-89836-00366-9
0034, 9352 - Frontier Mediterranean Seafood seasoning
16.00 oz.
0-89836-02834-1
9351 - Frontier Toronto Steak & Chicken Rub
16.00 oz.
0-89836-02835-8
0028, 9342 - Whole Foods 365
Asian Seafood Seasoning
5.00 oz.
0-99482-40683-7
0029 - Whole Foods 365
Mediterranean Rotisserie
5.00 oz.
0-99482-40684-4
0026, 0029 - Whole Foods 365
Mediterranean Seafood seasoning
5.00 oz.
0-99482-40687-5
0029, 9316, 9321 - Whole Foods 365
Southwestern Grille Seasoning
6.00 oz.
0-99482-40682-0
0019, 0028, 0026 - Whole Foods 365
Toronto Steak & Chicken Rub
5.00 oz.
0-99482-40686-8
0025, 0026, 0028, 9310, 9321, 9362, 9363 - Whole Pantry Muchi Curry
1.41 oz.
0-99482-41956-1
0014, 9355, 9364 - Whole Foods 365 Canadian French/English Asian Seafood Seasoning
4.62 oz.
0-99482-72683-6
0029 - Whole Foods 365 Canadian French/English Mediterranean Rotisserie
4.73 oz.
0-99482-72684-3
0021, 0029, 9362 - Whole Foods 365 Canadian French/English Mediterranean Seafood
4.23 oz.
0-99482-72687-4
0029 - Whole Foods 365 Canadian French/English Toronto Steak & Chicken
4.76 oz.
0-99482-72686-7
0028, 9338, 9356
School Lunch Risk Uncovered by USA Today
As a story this week in USA Today reminds us, the government has a “zero-tolerance” policy for the pathogens E. coli O157:H7 and Salmonella in ground beef bound for schools via the national school lunch program. The program actually has a very good track record of keeping these pathogens away from our kids in school.
Why then — as the newspaper properly questions — did the program accept certain ground beef orders made by a supplier during a period this summer when the meat could have been contaminated with Salmonella?
It makes no sense and the government reply is feeble.
James Marsden, a professor of food safety and security at Kansas State University, is the voice of reason in this story. He said the decision put children at risk and there’s no question in my mind that it did.
The case revolves around the summer recall and ground beef Salmonella outbreak associated with the Fresno, California, plant of Beef Packers Inc., a subsidiary of food giant Cargill. The outbreak sickened at least 39 people in 11 states. Our firm, Pritzker Olsen Attorneys, is representing one of the victims.
Here’s the gist of the USA Today story by reporters Blake Morrison, Peter Eisler and Anthony DeBarros:
Even as public health officials told residents to throw out recalled products from the Fresno plant, the federal government paid Beef Packers hundreds of thousands of dollars for almost 450,000 pounds of ground beef made from June 5 to June 23, the dates covered by the recall. Four orders were produced for the school lunch program during that period.
One tested positive for Salmonella Newport, the strain that prompted the recall and can cause diarrhea, abdominal cramps, fever and vomiting. That order — produced June 9 – was rejected by the government.
Because testing of samples from the three other orders of beef were Salmonella-free, the meat made for schools was not included in the recall, even though it was produced during the span of the recall.
Lawmakers and food safety experts told the paper that the three orders should have been rejected nonetheless. That’s because the tests that led the government to release the beef are inconsistent and often wrong, Marsden told the newspaper.
Government officials with the Agricultural Marketing Service, the arm of the USDA that runs the school lunch program, stood behind their decision. But the program’s administrator said the USDA “plans to initiate an independent review” of
its “testing procedures and process control requirements” next year.
Feds Failed School Kids in Food Poisoning Recall
The federal agency that purchases commodities for school lunch and breakfast programs put school children at risk for disease in this year’s massive peanut product Salmonella outbreak because it failed to quickly remove food that the government suspected was poisoned.
That is one of the troubling findings in a report by the Government Accountability Office (GAO) of Congress. The report was obtained and written about today by USA Today reporters Peter Eisler and Blake Morrison. According to their excellent journalistic effort, the GAO believes that 226 students who got diarrhea, stomach pain and other Salmonella symptoms — including 46 who were hospitalized — may have consumed tainted products in school.
According to the report, the schools weren’t effectively notified by the USDA’s Food and Nutrition Services branch that peanut butter and other products made by Peanut Corporation of America was suspected of carrying a potentially lethal pathogen. In fact, there was some misinformation distributed by the agency.
Overall, more than 700 people were sickened in the outbreak, including nine individuals who died. Pritzker Olsen attorneys, our national food safety law firm, represents the families of three of those who tragically died and we have filed a Salmonella wrongful death lawsuit against the corporations we believe are responsible.
The USA Today story brings a renewed focus to the youngest subset of victims. As in all food poisoning outbreaks, the groups most at risk are children, the elderly and others who have weakened immune systems.
Quoting the GAO and Centers for Disease Control and Prevention (CDC), the story said 21 percent of victims in the outbreak were under the age of 5. Another 33 percent were aged 5-17.
Here’s some highlights from the GAO school children food poisoning report, which also looks beyond the peanut butter Salmonella outbreak:
- Federal agencies that supply food for 31 million school children fail to ensure products are pulled when there is reason to suspect they might be adulterated.
- USDA’s Food and Nutrition Services lacks systems to ensure it is notified when the Food and Drug Administration is investigating an outbreak of food poisoning that may involve a commodity purchased for school meals. And then, they don’t begin the process of notification until an actual recall announcement is made by FDA or the food producer who is under investigation.
- When alerts are issued, sometimes they take more than a week to reach all the affected schools.
- “Auditors cited the recalls of nearly 4,000 products containing peanuts from Peanut Corp. of America. After Salmonella was traced to the company’s Georgia plant, the FDA announced a limited recall of products made during a specific period. But the Food and Nutrition Service determined that its purchases from the plant were not made during that time and said on its website that schools weren’t affected. Not until six days later — after the recall was expanded to cover products made on other dates — did the service tell schools to pull all the plant’s products
Here’s a link to the USA Today school lunch Salmonella story.
Fred Pritzker On Newsmakers
