On July 23, 2007, the Food and Drug Administration (FDA) advised once more that everyone check their kitchen shelves and throw out any of over 90 different canned goods produced at a plant linked to a botulism outbreak. The cans and any food prepared with their contents should be immediately disposed of in double plastic bags.
The products, which are being recalled, include cans of hot dog chili sauce sold under the brand names of Castleberry's, Austex and Kroger, and cans of certain pet foods. For a complete list of the products being recalled, go to the FDA's Web page, "Chili Products (Botulism) Recall."
The recall was triggered by a situation that is especially dangerous because it could involve tens of millions of cans of potentially tainted food that have already been sold. Botulism is also a serious form of food poisoning that can be fatal if not treated immediately.
Symptoms of botulism include blurred vision, slurred speech, difficulty swallowing, and muscle weakness, and can begin to be experienced from a few hours up to a couple of weeks after eating the contaminated food. As the illness progresses, more serious symptoms may include paralysis of the arms, legs and breathing muscles.
All of the products being recalled were produced by the Castleberry Food Company in Augusta, Georgia. Only the chili sauce products have been linked to the botulinum toxin, which causes botulism, but because the same equipment was used to can other products, the recall was expanded to include all brands that were canned on the same line.
Commercially canned foods are typically heated long enough and at high enough temperatures to kill toxic spores. Dave Melbourne, senior vice president for Castleberry's, confirmed that the chili sauce that was contaminated was undercooked. Melbourne added that "...we [have] agreed to shut down our entire facility in Augusta. We will not process any more food there until the FDA and the USDA agrees it is appropriate to reopen."
Tuesday, April 28, 2009
Class Action Lawsuits
In essence, a class action lawsuit is a legal action brought by one or more plaintiffs on behalf of a group of other plaintiffs who share a common grievance against a person, company, or other type of organization.
Originating in seventeenth century England's equity courts, the modern class action can be traced back to the "bill of peace", and has developed as a way to manage complex, multiparty litigation.
One advantage of a class action is that individual parties who could otherwise not afford the legal bills involved in seeking redress for a grievance can participate as plaintiffs. The reason for this is that while the low award potential of an individual case may preclude an lawyer from taking on such a case, attorneys who take on class actions are usually willing to do so on a contingency fee only basis, which means that they only get paid if the suit is successful.
But class actions serve other purposes as well. For one, class action outcomes may prevent transgressions similar to those that instigated the lawsuits. They are also used frequently in antitrust cases, mass tort cases such as the Agent Orange, Dalkon Shield and asbestos cases, and to combat price fixing, consumer fraud, and other commercial abuses. Among the most common types of class actions involve lawsuits against companies who abuse their employees, companies whose products injure a large number of people, or when discrimination of a protected class has taken place.
Additionally, class action suits can form the basis for sweeping legal changes in state and federal laws. As such, they serve as a vehicle for economic and social reform. Class actions, for instance, were used in landmark civil rights cases and are used to promote consumer protection.
Originating in seventeenth century England's equity courts, the modern class action can be traced back to the "bill of peace", and has developed as a way to manage complex, multiparty litigation.
One advantage of a class action is that individual parties who could otherwise not afford the legal bills involved in seeking redress for a grievance can participate as plaintiffs. The reason for this is that while the low award potential of an individual case may preclude an lawyer from taking on such a case, attorneys who take on class actions are usually willing to do so on a contingency fee only basis, which means that they only get paid if the suit is successful.
But class actions serve other purposes as well. For one, class action outcomes may prevent transgressions similar to those that instigated the lawsuits. They are also used frequently in antitrust cases, mass tort cases such as the Agent Orange, Dalkon Shield and asbestos cases, and to combat price fixing, consumer fraud, and other commercial abuses. Among the most common types of class actions involve lawsuits against companies who abuse their employees, companies whose products injure a large number of people, or when discrimination of a protected class has taken place.
Additionally, class action suits can form the basis for sweeping legal changes in state and federal laws. As such, they serve as a vehicle for economic and social reform. Class actions, for instance, were used in landmark civil rights cases and are used to promote consumer protection.
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