Foster Farms CEO Ron Foster sent out this full-page ad apology regarding the recent salmonella outbreak brought on by his company’s chicken. However, while there was a health alert issued by the CDC, reports of over 360 salmonella cases in 21 states, Costco’s been pulling the chicken off their shelves, and now the salmonella lawsuits are starting to roll in, Foster Farms did not issue a voluntary recall for the chicken. So the question remains: why?
Going Organic Leads to Going to Hospital? Heads-up anyone who bought Townsend Farms Organic Anti-Oxidant Blend frozen berry and pomegranate seed mix: A woman who alleges she fell ill with a hepatitis A infection and was hospitalized after eating this product has filed a lawsuit against Oregon-based Townsend Farms.
According to the food poisoning lawsuit, plaintiff Karen Echard purchased and consumed Townsend Farms Organic Anti-Oxidant Blend in the Phoenix area in April of 2013. Attorneys allege that she fell ill with symptoms of hepatitis A infection, including fever, chills, nausea, abdominal pains and jaundice during an illness that started on May 21.
The Organic Frozen Berry Seed Mix class action states that Karen sought medical treatment for her illness on more than one occasion and was hospitalized for 5 days. Her attorneys allege that Karen, a healthcare practitioner and student, fears she will lose her job and be forced to discontinue her schoolwork due to her illness, as she continues to experience the effects of her hepatitis A infection. The Townsend Farms lawsuit asks for damages including physical injury, medical and medical-related expenses, wage and lost earning capacity damages.
On June 6, the Centers for Disease Control and Prevention announced that at least 61 people from 7 states had fallen ill with hepatitis A infections in a “Multistate outbreak of Hepatitis A infections potentially associated with ‘Townsend Farms Organic Anti-Oxidant Blend’ frozen berry and pomegranate mix.”
Lipitor Diabetes Link Looking at Lawsuit. Lipitor is making news—this time it all about what the anti-cholesterol drug shouldn’t be doing—allegedly. Pfizer, the maker of Lipitor (atorvastatin) is facing a mounting number of these personal injury lawsuits, alleging the drug causes diabetes. In fact, several of the initial Lipitor diabetes lawsuits have just been green lit for a Multi-district litigation—or MDL.
The Lipitor lawsuits allege that Pfizer has failed to adequately warn consumers of the risk for developing diabetes associated with the statin. In 2012 Pfizer updated the Lipitor labeling to include warnings of increased risk for diabetes, however, the lawsuits contend that this was insufficient.
Lipitor belongs to a class of drugs called statins, which are used to lower cholesterol by reducing blood levels of low-density lipoprotein (LDL) cholesterol, or “bad” cholesterol, a contributing factor in heart disease. A study (Culver AL, Ockene IS, Balasubramanian R, et al. “Statin Use and Risk of Diabetes Mellitus in Postmenopausal Women in the Women’s Health Initiative.” Archives of Internal Medicine, 2012,172(2): pp.144-152.), completed in 2012, as part of the Women’s Health Initiative (WHI) found an association between the statin class of medications and the development of type 2 diabetes in women, particularly post-menopausal women.
Among the most recent Lipitor diabetes lawsuits filed is that of Margaret Clark, filed in the US District of South Carolina, this April. She contends she was prescribed Lipitor in 2002 to address her risk for heart disease. At the time, according to her lawsuit, she was considered a healthy weight. However, in February 2012, Clark was diagnosed with type 2 diabetes.
Clark’s lawsuit alleges Pfizer knew or should have known that there was a connection between Lipitor and diabetes before it was made publically available in 1997. Instead, the warning was only added to the product labeling in February 2012, after the FDA’s Division of Metabolism and Endocrinology Products requested that a warning be provided for consumers and the medical community.
According to the lawsuit, the warning did not actually mention type 2 diabetes, but rather stated “Increases in HbA1c and fasting serum glucose levels have been reported with HMG-CoA reductase inhibitors, including LIPITOR.”
The Lipitor lawsuit also states “Until the February 2012 label change, Lipitor’s label never warned patients of any potential relation between changes in blood sugar levels and taking Lipitor.” And, “Despite the February 2012 label change, Lipitor’s label continues to fail to warn consumers of the serious risk of developing type 2 diabetes per se when using Lipitor.”
Crest Toothpaste, er, Crestfallen? A preliminary settlement has been reached in the consumer fraud class action lawsuit pending against Procter & Gamble Co (P&G). The lawsuit alleges the company falsely advertised the benefits of its Crest Sensitivity Treatment & Protection toothpaste. Specifically, the Crest lawsuit, entitled, Edward Rossi v. The Procter & Gamble Co., Case No. 11-07238 (JLL) (MAH), U.S. District Court, District of New Jersey, claims P&G engaged in misleading and deceptive advertising and marketing of its Crest Sensitivity Toothpaste.
The tentative Crest toothpaste settlement, if approved, could include anyone in the US who purchased Crest Sensitivity Treatment & Protection toothpaste between February 2011 and March 2013. If you purchased this toothpaste between those dates, you may be eligible to claim a full or partial refund from the settlement. If approved, potential class members must submit a valid claim form and proof of purchase in order to receive damages. Class members with with proof of purchase will be able to claim a full refund of the purchase price they paid. Those without documentation will receive a refund of $4. Only one tube of Crest Sensitivity toothpaste will be refunded.
Valid claim forms and any supporting documents must be postmarked no later than August 19, 2013. Detailed claims filing instructions are provided below.
A Final Fairness Hearing will be held on September 12, 2013.
For complete details on filing a claim, and to download forms, visit: http://www.sensitivitytoothpastesettlement.com
Okee dokee—that’s it for this week—happy and safe weekend to you all—see you at the bar!
It’s bad enough when mango or cantaloupe recalls are on just about every salmonella email alert. But this photo of a KFC chicken sandwich allegedly served up raw in Ontario is quite another thing, and it’s pretty nasty.
Now, we do not have confirmation that this did, indeed, happen—the image originally posted on Reddit user boneriffic12‘s page a few days ago. And it’s making the internet rounds having been picked up by HuffPo and Q13 Fox out of Seattle. The pic was posted with this message:
“Fried Chicken #FAIL. My friend ordered a chicken burger from KFC & it came back raw. Yes he ate that bite that’s missing.”
So hoax or horror, you be the judge for now.
What it does bring to mind, however, is the recent case of the little Australian girl who had allegedly suffered brain damage as a result of salmonella poisoning stemming from a KFC chicken wrap sandwich she had eaten. The girl, Monika Samaan was just 7 years old when she ate a chicken wrap purchased at a KFC in Australia in 2005. She was hospitalized in serious condition and spent months in a coma. The judge ruled in favor of the victim, awarding her 8 million Australian dollars.
KFC has said it will appeal the judge’s decision.
And, in the midst of all this, just last week WFAA-TV (Dallas/Fort Worth) published an investigation they did regarding reports of spoiled chicken meat—the reports were coming from KFC employees, not patrons. Apparently, some of the KFC workers had noticed a “stench” coming from the walk-in cooler which housed the raw chicken meat. According to the workers, KFC has a policy that raw meat must be used within 10 days of being killed; however, workers claimed that some meat was still being cooked—and served—after sitting for up to 16 days.
The Conroe KFC is a franchise owned by Tem-Kil, Inc. Both Tem-Kil and KFC declined to speak on-camera with WFAA’s I-Team, but both, no surprise, expressed their commitment to high food safety standards. KFC also shut down the Conroe outlet for a week to investigate the charges and to provide additional food safety training to workers there.
Since the reopening of the Conroe KFC, health inspectors have visited the restaurant and did not find any food safety violations.
UPDATE: (9/18/12) We received this email from Doug Hernandez—the guy who holding the chicken in the picture above. Here’s what he had to say:
The KFC chicken sandwich that you posted on your site is actually my picture, and it is a real picture unfortunately. I did not think that it was going to get this much attention until my friend Greg mentioned that he had posted it on reddit.com.
The incident actually happened on August 31st, I originally filled out the feedback form on KFC’s website, but did not get a call or email. I posted the picture on the KFC Canada Facebook page, and got a response from them asking that I call the 1-800 number. I did and they filed a report and said they would be in touch with me. I have not heard back from them yet, that was on September 4th. I hope they will be getting back to me soon. That’s all I have on this so far for an update.
Guess we’ll see what happens…