Stewart and Michael Parnell, executives of the now defunct Peanut Corporation of America (PCA), were sentenced to prison on September 21, 2015. Both brothers were taken into custody. That company was responsible for a huge Salmonella outbreak in 2008 and 2009 that sickened at least 714 consumers in the United States and Canada and killed nine people.
The 61-year-old Stewart Parnell was sentenced to 28 years in prison for convictions including mail and wire fraud, the introduction of misbranded and adulterated food into interstate commerce, obstruction of justice, and conspiracy. He was convicted on 68 felony counts. His now infamous comment “just ship it” was in a 2007 email response to a communication by a plant employee who questioned distributing product that had tested positive for Salmonella bacteria.
Michael Parnell was sentenced to 20 years in prison. He was convicted on 30 felony counts, including mail and wire fraud, conspiracy, and introduction of misbranded food into interstate commerce. The plant’s quality manager, Mary Wilkerson, was sentenced to five years after being convicted of obstruction of justice. U.S. District Court Judge W. Louis Sands presided over the trial and sentencing.
Noted food safety attorney Fred Pritzker, who represented many clients sickened in this outbreak and represented families of those who died, said, “He got what he deserved. His sentence also sends a message to other food executives who put profits before safety. Federal and state prosecutors need to be aggressive in enforcing food safety laws.”
Attorney Fred Pritzker filed a lawsuit on behalf of the family of 80-year-old Nellie Napier, who died after eating PCA peanut butter. She was living in a long term care facility in Ohio at the time. She died on January 26, 2009 after a protracted illness. Randy Napier, Nellie’s son said, “we need to send a message that this can’t and won’t be tolerated any more. I don’t want to see anybody else go through what we had to go through.” Mr. Napier became a fierce and effective advocate for food safety after his mother’s illness and death.
Government investigation of the outbreak led to one of the largest product recalls in U.S. history. The Minnesota Department of Health originally investigated the outbreak in that state and discovered that King Nut creamy peanut butter, sold to institutions such as nursing homes and schools, was the likely source of the Salmonella infections. Other state health departments also found the pathogenic bacteria in PCA products.
There was also an association between the outbreak and pre-packaged Austin and Keebler brands peanut butter crackers, made by the Kellogg Company, from PCA peanut paste. Those were recalled, as well as hundreds of other products made with foods produced in the PCA Blakely, Georgia plant.
PCA recalled all of its peanuts and peanut products on January 28, 2009, including roasted peanuts, peanut paste, and peanut butter. More than 2,800 secondary recalls were issued over the next few months. The Centers for Disease Control and Prevention (CDC) linked the illnesses to the outbreak strain of Salmonella found in PCA products.
Government inspectors found appalling conditions inside the PCA plant. The roof was leaky and had large gaps. Mold was growing on the ceiling and walls. Dead insects were found near peanuts. Roaches and rats were found in the plant. And the company did not clean its equipment after discovering that Salmonella was in the facility.
In addition, employees were told to falsify reports to customers and to state and federal inspectors. The Parnells fabricated certificates of analysis (COAs) that were sent out with shipments of peanut products stating that the products were free from Salmonella, when there had either been no testing or tests revealed that Salmonella was present. The Parnells and Wilkerson also gave misleading answers to questions asked about the outbreak by inspectors and government officials.
“I hope that this conviction and sentencing sends a strong message to food processors across the country that safety comes before profit,” Pritzker added. “No one should get sick or die simply because they ate a product purchased at a grocery store or served to them at a care facility or school.”