Paramount Farms facing litigation over tainted almond case
Paramount Farms facing litigation over tainted almond case
Nearly a year after Paramount Farms announced a massive recall of millions of raw almonds and after negotiations failed to reach a settlement, two law firms have sued the company on behalf of plaintiffs who said they got ill from eating the company?s almonds.
Marler Clark, the Seattle-based law firm, and Martinez & Potter, a Los Angeles-based law firm, filed a lawsuit on behalf of seven people who became ill with Salmonella Enteriditis infections after eating Paramount Farms? raw almonds between September 2003 and May 2004. The lawsuit was filed in the South Judicial District of the Los Angeles County Superior Court.
Last May, Paramount announced a nationwide recall of all raw almonds sold under the "Kirkland Signature," "Trader Joe?s," and "Sunkist? labels. Costco mailed more than 1 million letters to members known to have purchased the recalled product in the United States, and the recall was later expanded to include nuts sold in bulk to approximately 50 other commercial customers, some of whom repackaged almonds for sale under other brand names. The recall included almonds exported to France, Italy, Japan, Korea, Malaysia, Mexico, Taiwan and the United Kingdom.
The recall was launched after Oregon health officials spotted a cluster of five patients infected with Salmonella enterica serotype Enteritidis. The investigation then identified 29 patients in 12 states and Canada sick with the same strain of Salmonella.
According to the Centers for Disease Control & Prevention, tests of raw almonds recovered from a patient?s household and samples collected at Paramount were negative for Salmonella. Health officials isolated Salmonella in one environmental sample collected at Paramount and in three samples from two huller-shellers that supplied Paramount, said CDC.
In response to the lawsuit, Paramount Farms, the world?s largest supplier of pistachios and almonds, said that it is company policy not to comment on ongoing litigation.
Since the recall was announced last May, the company said it has worked proactively to make sure that its products are safe.
?Now no raw almonds are released from the plant unless they undergo a kill step," said Chris Tuffli, communications director for Paramount Farms, who added that raw almonds are treated either with propylene oxide or undergo a scientifically validated pasteurization process.
In the wake of the Salmonella outbreak, the Almond Board of California has drafted an action plan calling for pasteurization of all raw almonds. The board is working with the industry and the U.S. Department of Agriculture to turn the plan into a mandatory rule as part of the marketing order, said Julie Adams of the board.
However, the industry is still conducting research on the appropriate technology and treatment techniques that can remove the bacteria while still not interfering with the sensory characteristics of raw almonds. Any technique that implements a new food-safety process is going to cost the almond industry, she said. The board also has to ensure that there is capacity for small, medium and large plants to implement the new safety requirements.
In the meantime, the lawsuit alleges that all seven plaintiffs who are suing the company had Salmonella infections linked to almonds manufactured and sold by Paramount Farms. Paramount recalled roughly 18 million pounds of almonds in May 2004 after the CDC traced the Salmonella illnesses to consumption of Paramount?s raw almonds between September 2003 and May 2004, said Marler Clark.
?We have been working to settle our clients? Salmonella claims against Paramount Farms for almost a year now," said William Marler, managing partner of Marler Clark. "Unfortunately, Paramount has not made reasonable offers to our clients to settle their claims? The plaintiffs live in California, Washington and Arizona. "At this point, we feel that the only chance of obtaining just compensation for our clients is letting a jury decide the value of these claims," Mr. Marler said.
Marler Clark, the Seattle-based law firm, and Martinez & Potter, a Los Angeles-based law firm, filed a lawsuit on behalf of seven people who became ill with Salmonella Enteriditis infections after eating Paramount Farms? raw almonds between September 2003 and May 2004. The lawsuit was filed in the South Judicial District of the Los Angeles County Superior Court.
Last May, Paramount announced a nationwide recall of all raw almonds sold under the "Kirkland Signature," "Trader Joe?s," and "Sunkist? labels. Costco mailed more than 1 million letters to members known to have purchased the recalled product in the United States, and the recall was later expanded to include nuts sold in bulk to approximately 50 other commercial customers, some of whom repackaged almonds for sale under other brand names. The recall included almonds exported to France, Italy, Japan, Korea, Malaysia, Mexico, Taiwan and the United Kingdom.
The recall was launched after Oregon health officials spotted a cluster of five patients infected with Salmonella enterica serotype Enteritidis. The investigation then identified 29 patients in 12 states and Canada sick with the same strain of Salmonella.
According to the Centers for Disease Control & Prevention, tests of raw almonds recovered from a patient?s household and samples collected at Paramount were negative for Salmonella. Health officials isolated Salmonella in one environmental sample collected at Paramount and in three samples from two huller-shellers that supplied Paramount, said CDC.
In response to the lawsuit, Paramount Farms, the world?s largest supplier of pistachios and almonds, said that it is company policy not to comment on ongoing litigation.
Since the recall was announced last May, the company said it has worked proactively to make sure that its products are safe.
?Now no raw almonds are released from the plant unless they undergo a kill step," said Chris Tuffli, communications director for Paramount Farms, who added that raw almonds are treated either with propylene oxide or undergo a scientifically validated pasteurization process.
In the wake of the Salmonella outbreak, the Almond Board of California has drafted an action plan calling for pasteurization of all raw almonds. The board is working with the industry and the U.S. Department of Agriculture to turn the plan into a mandatory rule as part of the marketing order, said Julie Adams of the board.
However, the industry is still conducting research on the appropriate technology and treatment techniques that can remove the bacteria while still not interfering with the sensory characteristics of raw almonds. Any technique that implements a new food-safety process is going to cost the almond industry, she said. The board also has to ensure that there is capacity for small, medium and large plants to implement the new safety requirements.
In the meantime, the lawsuit alleges that all seven plaintiffs who are suing the company had Salmonella infections linked to almonds manufactured and sold by Paramount Farms. Paramount recalled roughly 18 million pounds of almonds in May 2004 after the CDC traced the Salmonella illnesses to consumption of Paramount?s raw almonds between September 2003 and May 2004, said Marler Clark.
?We have been working to settle our clients? Salmonella claims against Paramount Farms for almost a year now," said William Marler, managing partner of Marler Clark. "Unfortunately, Paramount has not made reasonable offers to our clients to settle their claims? The plaintiffs live in California, Washington and Arizona. "At this point, we feel that the only chance of obtaining just compensation for our clients is letting a jury decide the value of these claims," Mr. Marler said.
