A decade after hundreds of Americans got sick from eating Peter Pan peanut butter contaminated with salmonella, the company that sold it paid with an embarrassing courtroom guilty plea and an agreement to pay the largest criminal fine ever in a U.S. food safety case.
The president of a ConAgra subsidiary entered a guilty plea on behalf of his company Tuesday to a single misdemeanor count of shipping adulterated food. A U.S. District Court judge then approved a deal ConAgra reached with prosecutors to pay an $8 million fine plus $3.2 million in cash forfeitures.
"Obviously they're able to absorb an $11 million penalty much more than a smaller company," said Bill Marler, a Seattle-based attorney who specializes in food safety cases. "But it still sends a pretty significant message."
The plea deal resolved a long criminal investigation into a nationwide salmonella outbreak blamed on tainted peanut butter that sickened at least 625 people in 47 states.
Disease detectives traced the salmonella to a plant in rural Sylvester, Georgia, that produced peanut butter for ConAgra under the Peter Pan label and the Great Value brand sold at Walmart. In 2007, the company recalled all the peanut butter it had sold since 2004. By then, most of it had been eaten.
Leo Knowles, president of ConAgra Grocery Products, offered no testimony as he entered the misdemeanor plea on behalf of the Chicago-based corporation's subsidiary.
"It made a lot of people sick," prosecutor Graham Thorpe said as he described ConAgra's decision to continue shipments from the Georgia plant in late 2006 despite lab tests that had twice detected salmonella.
"The industry has taken notice of this prosecution," Thorpe said.
The fine represents just one tenth of one percent of ConAgra's current $8 billion market capitalization. The company also will pay $3.2 million in cash forfeitures to the federal government.
U.S. District Court Judge W. Louis Sands waited more than 18 months after ConAgra agreed to the plea deal so that victims could be contacted before he approved the settlement.
The case began in 2006, as doctors around the country reported severe gastrointestinal illnesses caused by salmonella. The Centers for Disease Control and Prevention and state health officials traced the common factor — peanut butter — outbreak to the plant in rural Georgia..