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FDA Seizes Salmonella Peanuts From Westco

By PritzkerLaw

U.S. Marshals have seized $34,500 worth of Peanut Corp. of America (PCA) peanuts and products containing the peanuts from Westco Fruit and Nut Co. Inc., a private firm that refused to voluntarily recall food suspected of containing a strain of Salmonella blamed for nine deaths.

The Food and Drug Administration said the raid occurred this week at Westco's headquarters in Irvington, N.J.

The situation at Westco has highlighted a legal weakness at FDA when it comes to policing food safety. Even though PCA's Salmonella-laced peanuts were known to have caused more than 700 illnesses in 46 states and nine deaths, the agency didn't have legal authority to demand a recall of products known to contain the deadly pathogens.

National food safety law firm Pritzker Olsen and its clients have been demanding changes to food safety laws for years. The firm represents the families of three women who died from peanut product Salmonella infections since last December. A Salmonella wrongful death lawsuit has been filed against PCA in connection with the deaths. In addition, Jeffrey Almer, the son of one of the victims, provided star testimony before a congressional panel earlier this year investigating the deadly outbreak.

According to the FDA, here's an update on what has taken place at Westco. The firm has yet to issue a voluntary recall of products it sold to market containing PCA peanuts:

On March 23, 2009, the FDA asked to voluntarily recall all of its products containing peanuts from PCA because of the contamination threat. Westco refused. The owner said it would be economic suicide for his business. On April 8, 2009, the FDA served Westco with an inspection warrant in an attempt to gain access to the company's distribution records.

More than a month after the initial request, on April 27, the FDA asked the Marshals to go in and take undistributed product. They did.

If you have been injured by a serious case of food poisoning, call Pritzker Olsen at 1-888-377-8900 (toll free). To receive a free case consultation online, write to us.

 Fred Pritzker, the president and founder of the firm, is a frequent guest and commentator about food safety issues and has been interviewed by and profiled in a number of media sources including The New York Times, The Wall Street Journal, CNN and The Associated Press.

Full post as published by Food Poisoning Law Blog on April 30, 2009 (boomark / email).