As many of our readers (and fellow peanut butter consumers) are likely aware, on May 20^th J.M. Smucker Co. issued a voluntary recall of its JIF peanut butter products due to potential Salmonella contamination linked to a manufacturing facility in Lexington, Kentucky.

Class-action lawyers wasted no time in holding J.M. Smucker accountable and at least two class-actions have been filed against the company alleging various causes of action, including negligence and breach of warranties, for actions resulting in the production of potentially contaminated product that was sold to plaintiffs and other similarly situated consumers. The law firm of Akim represents the Plaintiff in both lawsuits and the complaints are substantially similar to one another.

The recall is still being investigated by FDA, CDC, and other state partners. It presents a particularly interesting question of legal liability since the Salmonella strain associated with illness in the current outbreak is the same one which was found in an environmental sample during a 2010 FDA inspection. Keller and Heckman will continue to monitor this litigation and the results of the outbreak investigation.