Schiffrin Barroway Topaz & Kessler, LLP and Janet Jenner & Suggs, LLC Comment on Conagra Advisory Regarding Pot Pies Linked to Salmonella Outbreak

12/10/07 The following statement was issued jointly by the law firms of Schiffrin Barroway Topaz & Kessler, LLP and Janet Jenner & Suggs, LLC:

SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP and JANET JENNER & SUGGS, LLC comment on the October 9, 2007 announcement by ConAgra Foods that it is suspending production of its pot pies while federal investigators inspect the company for the source of a Salmonella outbreak that has injured over 100 people in dozens of states. The company has issued an "advisory" to consumers to not eat or use frozen chicken or turkey pot pie products with "P-9" printed on the side of packaging.

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) is investigating ConAgra due to reported illnesses linked to their products. Banquet brand and generic store brand frozen not-ready-to-eat pot pie products with "P-9" printed on the side of the package may be the potential source of reported illnesses caused by Salmonella based on epidemiological evidence collected by the Centers for Disease Control and Prevention (CDC) and State public health departments. On Monday, the CDC sent inspectors into ConAgra's pot pie plant. The CDC, which is leading the investigation, said 30 states have reported 139 cases of Salmonella poisoning, including 23 that required hospitalization. Wisconsin had the most cases, followed by Pennsylvania .

"Just seven months after ConAgra's recall of peanut butter due to Salmonella problems, we learn of yet another ConAgra food safety problem. We will aggressively investigate to determine if there is evidence of a pattern of neglect. Instead of blaming consumers for improper cooking, ConAgra needs to clean up its own act and ensure the safety of its food. Stop passing the buck. ConAgra must be held accountable." said Tobias L. Millrood, partner with Schiffrin Barroway Topaz & Kessler, LLP.

According to the U.S. Department of Agriculture's Food Safety and Inspection Service, consumers should not eat the pot pies "until we are able to determine the source, products and potential production dates of contamination and to verify proper cooking instructions for these not-ready- to-eat products."

"This is a very unfortunate situation for consumers. If ConAgra can't guarantee safe food, it shouldn't be selling it. We encourage consumers to preserve the evidence of the store-bought product. ConAgra is advising consumers to throw away the product and just save the UPC seal. We disagree with ConAgra's advice; the contaminated product is important evidence and needs to be safely preserved," said Rob Jenner, partner with Janet Jenner & Suggs, LLC.

SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP and JANET, JENNER & SUGGS, LLC. have established a registry for victims of Salmonella poisoning to document their injuries and illnesses. If consumers purchased or ingested the ConAgra or Banquet Pot Pie products and are concerned that they have been exposed to Salmonella they can go to www. Salmonella-recall-registry.com and register their complaints and/or injuries. Upon investigation, registered complaints of injury will be forwarded to the proper health authorities.

Salmonella poisoning can lead to symptoms that can appear 12 to 72 hours after infection which include diarrhea, fever and abdominal cramps. The illness usually lasts four to seven days. In severe cases, the infection may spread from the intestines to the blood and then to other sites in the body, sometimes causing death. Treatment includes antibiotics.