Parker Waichman LLP

Westco Fruit and Nuts Not Cooperating with Salmonella Peanut Recall

Westco Is Not Cooperating With FDA Westco Fruit and Nuts is not cooperating with the U.S. Food and Drug Administration (FDA) regarding potentially Salmonella-tainted peanuts linked to the massive outbreak that originated with the Peanut Corporation of America (PCA). Because of Westco/Westcott’s refusal to issue a recall, the FDA has now issued a warning to […]

Westco Fruit

Westco Is Not Cooperating With FDA Westco Fruit and Nuts is not cooperating with the U.S. Food and Drug Administration (FDA) regarding potentially Salmonella-tainted peanuts linked to the massive outbreak that originated with the Peanut Corporation of America (PCA).

Because of Westco/Westcott’s refusal to issue a recall, the FDA has now issued a warning to consumers not to ingest any peanuts or peanut-derived products sold by Westco Fruit and Nuts Inc. (Westco/Westcott) of Irvington, New Jersey due to possible Salmonella contamination.  The FDA said that peanuts in Westco/Westcott products might have been distributed by the PCA, which recalled its peanuts because of concerns about Salmonella Typhimurium.  ABC News reported that the FDA warned Westco/Westcott to comply with its request for a recall or face a government raid and pointed out that the FDA does not currently have the authority to issue recalls.

FDA Requested Westco To Recall All Products

Yesterday, the FDA formally requested Westco/Westcott to voluntarily recall all products containing peanuts from PCA because of the likelihood of Salmonella contamination.  FDA and the Centers for Disease Control and Prevention (CDC) identified products from PCA’s Blakely, Georgia, facility as a source of the current Salmonella Typhimurium outbreak, which led to PCA’s recall of the peanuts.  Between November 19 and December 30, 2008, Westco/Westcott received three shipments of Oil Roasted Salted Redskin Jumbo Peanuts from PCA’s Blakely facility.  Westco/Westcott then sold these potentially Salmonella-contaminated peanuts in various size/package configurations and also used them as an ingredient in a variety of mixed nut products and trail mix produced between November 19, 2008, and mid-February 2009.

The FDA urges consumers to check whether they have peanut-derived products made by or distributed by Westco/Westcott in their homes.  For those consumers who do, they should dispose of the peanuts in a safe manner by placing them in a plastic bag with bleach, sealing the bag properly, and placing the bag in a trash bin; they should then immediately wash their hands after handling.  As of mid-March, 691 people have been infected with the outbreak strain of Salmonella Typhimurium in 46 states and Canada; the outbreak has been linked to nine deaths.  Salmonella is an organism, which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.

ABC News spoke with Westco/Westcott owner, Jacob Moradi, who claims his products are safe and that the FDA’s recommended recall could run his company into the ground.  “They are asking me to commit suicide based on presumption.  They have shown no proof.  We have begged them….  They have no proof that anyone got sick from eating whole redskin peanuts roasted in oil.”  Moradi continues to reject the FDA’s requests and refuses to recall his products and to provide a client list to the FDA.  But, a federal official said Moradi “ran away and hid” when government inspectors arrived at his plant, ABC News reported.  “I was scared of them,” Moradi told ABC News.

Healthy persons infected with Salmonella often experience fever, diarrhea—which may be bloody—nausea, vomiting and abdominal pain.  In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections, e.g., infected aneurysms, endocarditis, and arthritis.

Need Legal Help Regarding Sickness From Westco Fruit Products?

The personal injury attorneys at Parker Waichman LLP offer free, no-obligation case evaluations. For more information, fill out our online contact form or call 1-800-YOURLAWYER (1-800-968-7529).

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I would like to thank David Aminov, Denny Tang, and Craig Snyder. From the beginning I was assured that everything was going to be ok. Even though it has been a bumpy ride for me. I am extremely happy with the out come as well as all of the hard work everyone has put into my case. I am grateful an I truly do appreciate everything thanks for all the help guys. Stay blessed an stay safe
Carlos Mejias
a month ago
5 Star Reviews 150
Positive: Professionalism Christina (Tina) Paralegal is a true professional and has excellent customer service skills. Tina is friendly and helpful with my case. Tina also is respectful and compassionate toward me. I have refer others to Parker Waichman LLP. Thank you
Jacqueline D Bryce
2 years ago
5 Star Reviews 150
Parker Waichman has been very helpful in handling all aspects of my case to a successful resolution. They are very skilled in what they do and I was extremely impressed with the professionalism of the paralegal Benita Rollins who kept me informed every step of the way, was very efficient and followed up on every detail. I would highly recommend Parker Waichman for your legal needs.
Herbert Miller
a year ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038