Congress Contemplates Hearings As Precautionary Recalls Continue To Expand
According to reports, Congress will likely hold public hearings on the ongoing salmonella outbreak and recalls. Representative Henry Waxman (D-California) stated recently that the hearings, anticipated within the coming weeks, will likely focus on the Blakely, Georgia facility owned and operated by the Peanut Corporation of America (“PCA”).
As the FDA continues its investigation into the ongoing outbreak, early reports have suggested that salmonella was isolated, on various dates in 2007 and 2008 from certain PCA products, by private labs PCA employed for routine testing. These reports have also indicated, however, that subsequent testing resulted in negative findings. Because the specific protocols followed by PCA and the labs in question (along with the specific circumstances surrounding the sampling and testing of such products) are not yet fully understood, all parties will need to wait for the investigation to be completed before any final conclusions can be made regarding the ultimate merits or implications of these reports. Additional information may also be learned from the proposed hearings, during which it is anticipated that representatives of PCA and the laboratories in question may be called to testify.
On Wednesday, January 28, 2009, PCA expanded its initial recalls (announced on January 13, 2009 and January 18, 2009 respectively) to include additional products produced at the facility since January 1, 2007 (see our reports below). For continuing updates regarding the growing list of products affected by the expanded recall, please visit the FDA Peanut Butter Recall Website. The American Peanut Council has also published a list of products reportedly not affected by the ongoing recalls.
To date, more than 500 people may have become sick, and as many as eight people may have died, in connection with the ongoing outbreak. Although most of these illnesses are presumed to be associated with peanut butter, not all cases may be directly linked. Early reports have indicated that at least one person from Wyoming (who was carrying the outbreak strain) did not appear to have any known exposure to peanut butter products.
