Tuesday, November 15, 2011

Pine Nut Recall Sees Second Lawsuit

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The Food and Drug Administration (FDA) is warning consumers not to eat Turkish pine nuts distributed by Sunrise Commodities, based in Englewood Cliffs, New Jersey, after FDA tests confirmed the presence of Salmonella on the product.
FDA is collaborating with the Centers for Disease Control and Prevention (CDC) and State public health and agriculture officials to investigate a multistate outbreak of Salmonella Enteritidis infections. To date, the CDC reports there are at least 42 illnesses associated with the outbreak in Maryland, New Jersey, New York, Pennsylvania and Virginia.
As part of FDA’s investigation, the Agency collected and tested samples of Turkish pine nuts from a warehouse used by Sunrise Commodities and from a warehouse used by a customer of Sunrise Commodities. Additional testing by the FDA confirmed Salmonella Enteritidis, matching the outbreak strain, was found on FDA's positive samples of pine nuts. FDA's State partners also collected samples of pine nuts distributed by Sunrise Commodities; some of those samples tested positive for SalmonellaEnteritidis and matched the outbreak strain. 
Sunrise Commodities has voluntarily recalled four lots of the implicated product, totaling more than 21,000 pounds of pine nuts. Each lot was packed in 22-pound boxes and included the markings:
  • Warehouse Lot 27963 with the identifying code “PO#: 50165”
  • Warehouse Lot 29628 with the identifying code “PO#: 50558”
  • Warehouse Lot 27713 with the identifying code “PO#: 49595”
  • Warehouse Lot 27427 with the identifying code “PO#: 50032”
Sunrise Commodities distributed the Turkish pine nuts in bulk to various food vendors in Florida, New Jersey, New York and Canada. Sunrise Commodities issued a recall notification to its customers dated November 3, 2011, alerting them of the test results and of the epidemiologic investigation and asking them to notify their subsequent customers of the recall.

Already lawsuits have been filed:
Kimberly Waterbury filed suit Tuesday in federal court on behalf of herself and her minor child against American Pistachio Commodity Corp., which does business as Sunrise Commodities of Englewood Cliffs,  New Jersey
The suit claims that Sunrise Commodities was strictly liable for the contaminated product. The suit also claims the company was negligent for not using reasonable care in the manufacture, distribution and sale of the product, and for violating federal, state and/or local food safety regulations. 


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