How to ‘Bell-weather’ a Recall: Position Your Company to Withstand a Recall Efficiently and Effectively

Headlines announcing the recall of some product or another seem to appear as regularly as the changing of the seasons, and often times, to the consumer at large, they come and go just as subtly. It is wholly unsurprising, however, that recalls involving a food item often land with the jolt and turbulence of a spring thunderstorm.

The notion that food, the very purpose of which is to nourish and sustain, could in fact be causing us substantial harm is inherently alarming, and opportunistic news outlets are well aware that food-related recalls increase viewership and website traffic.

Making headlines right now, just as warmer weather is finally reaching much of the country, are two separate wide-ranging recalls involving that American favorite, ice cream. The recalls were initiated by popular producers Blue Bell Creameries, of Texas, and Jeni’s Splendid Ice Creams, of Ohio. The culprit in each recall has been identified as the bacteria Listeria monocytogenes, a potentially lethal contaminant.Jeni's Splendid Ice Creams

Jeni’s Splendid initiated a preemptive voluntary recall of its entire product line on April 23, 2015, while temporarily closing its retail scoop shops, after a random sample collected by the Nebraska Department of Agriculture tested positive for the bacteria. Blue Bell’s path to recall followed a rockier road.

A joint CDC and FDA investigation into an outbreak of 10 reported illnesses resulting in hospitalization, including three fatalities, from January 2010 through January 2015 eventually pointed to Blue Bell ice cream as the likely source. After laboratories in multiple states isolated the Listeria bacteria in several of its products, Blue Bell issued a limited voluntary recall of what it believed were the affected lines in March, 2015. After further investigation resulted in positive test samples in additional product lines, Blue Bell finally moved issued a full recall of all of its products currently on the market on April 20, 2015.

A recall has the potential to create consumer panic towards a product, sometimes an entire brand, and it is almost always a major conundrum for the product seller. The decision to issue a recall of a product that your company has placed on the market involves balancing as many factors as there are flavors of ice cream. The potential impacts are far reaching and substantial, not just to the consumer, but to everyone involved in placing the product in the stream of commerce, from the manufacturer, to the distributor, to the retail seller. What are the risks to the consumer? How many people may potentially be affected? What is the cost of the recall to your company, not just in dollars and cents, but in brand goodwill? How will your employees be impacted? Will you be facing punitive action by a regulatory agency is nothing is done? Will you be exposed to civil or criminal litigation? If a recall is necessary, how broad should it be?

The recalls issued by Jeni’s and Blue
Continue Reading Blue Bell Ice Cream’s Path to Listeria Recall Follows a Rocky Road

Co-authored by Brian Gross

Cargill Meat Solutions Corporation (“Cargill”) recently announced the voluntary recall of approximately 36 million pounds of ground turkey believed to be contaminated with salmonella.  The recall represents approximately 6% of the national production of ground turkey in a given year.  Federal Health authorities have attempted for several months to determine the source of a multi-drug resistant Salmonella Heidelberg outbreak that has killed one person and sickened 111 others in 31 states.  Authorities had previously traced the outbreak to ground turkey, but only recently determined that the contamination occurred in ground turkey products produced at Cargill’s Springdale, Arkansas plant between February 20 and August 2, 2011.   Cargill has suspended all production at its Springdale plant and is working with Federal authorities to determine the source of the contamination.

The Centers for Disease Control and Prevention (“CDC”) recently revealed that cultures of ground turkey taken between March 7 and June 27 from four different locations showed salmonella contamination, three of which were derived from the same source.  Additionally, a chart on the CDC’s website shows that multiple cases of illness have occurred each month since March, with the highest number of illnesses occurring in May and early June.   Despite determining that the illnesses of 77 individuals were related to the same strain of salmonella, Federal authorities were unable to prove a link to a specific source until now.

Salmonella is the most common bacterial form of food borne illness.  Symptoms typically include severe diarrhea, abdominal cramps and fever within 72 hours of consumption.  Salmonella is generally not life-threatening, though it can be to those with weakened immune systems.  It is safe to eat contaminated ground turkey provided it is cooked to an internal temperature of at least 165 degrees.  Consumers should be cognizant, however, of the potential risks of cross-contamination and be sure to wash their hands thoroughly as well as any surfaces which come into contact with meat.

As one can imagine, numerous lawsuits were recently filed by individuals allegedly sickened as a result of consuming the contaminated ground turkey processed by Cargill.  One such suit, brought by the law firm of Marler Clark on behalf of 2 Missouri residents, seeks punitive damages related to Cargill’s alleged failure to act despite knowledge that its product was contaminated.  An award of punitive damages, which is rare in food borne illness cases, would undoubtedly prompt increased litigation not only against Cargill, but also against any company whose contaminated products remain on the market for an extended period of time while government officials attempt to determine the source of the outbreak.  Such an award could also force manufacturers in future cases of potential contamination to take preemptive action and issue product recalls even before their product is definitively determined to be the source of the contamination.

 
Continue Reading Cargill Turkey Contaminated With Salmonella Bacteria Results In National Recall