A state court jury in Jackson County, Missouri returned a collective $11,050,000 verdict against industrial hog producers Premium Standard Farms, Inc., a subsidiary of Smithfield Foods (NYSE: SFD), and the privately held ContiGroup Companies (previously Continental Grain) in favor of residents living near the defendants' vast farm operations in northern Missouri.  The verdict, covering 11 years of damages, is the largest monetary award against a hog farm in an odor nuisance case.

Law firms The Middleton Firm, Seeger Weiss LLP and the Speer Law Firm represented the seven households, who filed their case in 2002.

Plaintiffs, some of whom have owned their farms for well over 100 years and spanning five generations, alleged that relentless and extreme odors emanating from defendants' finishing farm – known as concentrated animal feeding operations, or CAFOs – created an unreasonable nuisance.  Family members testified at trial that the smell was intense enough to prevent them from venturing outdoors on many days.

After hearing nearly 5 weeks of evidence centering on defendants' land application of massive quantities of liquid hog manure, maintenance of multiple-acre wastewater lagoons, and other odor-producing activities at the Homan farm in Gentry County, MO, the 12-person jury agreed.  Their verdict was delivered on March 4, 2010.  

In the early 1990s, PSF bought and leased some 4,300 acres in the community of Berlin, Missouri, to create a "finishing farm," processing an estimated 200,000 hogs per year.  The swine are brought into the facility weighing approximately 60 pounds and are grown to 260 pounds for slaughter.  Each hog lives its entire adult life in a single hog pen, with no ability to roam.  Berlin is located in Gentry County some 80 miles north of Kansas City.

The odors emanating from the hogs come from multiple sources.  The hogs excrete waste into a slatted floor, which collects in basins beneath each barn, where it is evacuated through a piped flushing system that deposits it in four-to-five acre lagoons located across the property.  Collectively, the lake-sized lagoons collect some 83 million gallons of hog waste during the course of a year – generating enormous quantities of methane, ammonia and hydrogen sulfide that can be detected for miles.  The Berlin facility houses 80 barns, each holding 1,000 hogs at a time.  

The waste is continually pumped out of the lagoons, which the defendants argued was used as fertilizer.  "In reality, the jury recognized that the pumping is merely a disguised form of waste disposal – with the farms releasing far more effluent than the land can possibly absorb," said Charles F. Speer, who first started representing PSF neighbors in the mid-1990s.  "The odors and flies coming off this farm have devastated the lives of these fine Missouri citizens.  For them, it's been a living torment."

"The families who brought this case have been living under a toxic cloud of hog waste produced by Premium Standard for more than 11 years," said lead trial counsel Richard H. Middleton, Jr. of Savannah, GA.   "Defendants claimed their operations complied with state environmental regulations – however, this trial showed that PSF produced industrial-scale pollution with complete lack of regard for the extreme toxicity its operation caused for its neighbors, day in and day out."

Co-trial counsel, Stephen A. Weiss of New York City added: "Rather than accept responsibility for their actions like a good neighbor, these defendants continue to deflect blame.  We've offered repeatedly to sit down with their representatives to try to forge a fair resolution, but they continue to choose the courtroom over the settlement table.  If I were a Smithfield shareholder today, I'd be none too pleased with their chosen path."  

The $11 million verdict represents one of the largest jury awards in Jackson County in the last year.  The ruling follows a $4.5 million verdict in 2006 against Premium Standard Farms on behalf of six plaintiffs, a case also won by the trial team of Messrs. Speer, Middleton and Weiss.  

"It's time these agri-businesses get serious and start taking care of what continues to be a serious problem with the pollution caused by their factory farm operations," Mr. Middleton added.  "Their battalions of high-priced lawyers are not going to make the stench go away."

The three lawyers represent another 250 or so plaintiffs whose cases against Premium Standard Farms are still pending in Jackson County and various counties in northern Missouri.

The case caption is Owens, et al v. ContiGroup Companies, et al.

SOURCE The Speer Law Firm

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Mincing Overseas Spice Company of Dayton, New Jersey announced today that it is recalling black pepper Lots 3258 and 3309 because of possible contamination with Salmonella.  

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. 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 (i.e., infected aneurysms), endocarditis and arthritis.

Black pepper was not distributed at retail level and was shipped to FL, IA, IL, IN, MA, OK, NJ, NY, PA, RI, TX and WI.

The black pepper was sold in 50 lb, 25 lb, and 20 lb cartons with Mincing Overseas Spice Company's name.

Mincing has decided to initiate this voluntary recall as a commitment to the safety and health of the public.

Customers that purchased black pepper from any parts of Lots 3258 and 3309 should place these lots or any spice blends made from these lots under their control on hold and contact Mincing Overseas Spice Company at 732-355-9944.  With regard to any spice blends or other foods made from these lots, companies should contact their local FDA Recall Coordinator to determine the appropriate action and if a sub recall is needed.  

CONTACT:  Eliot Hoff, +1-212-300-1801

SOURCE Mincing Overseas Spice Company

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The National "got milk" Milk Mustache Mobile Tour is visiting cities from March to September to help celebrate those special moments that families share around the dinner table. The campaign continued with a stop in Miami to show local residents how milk, with its unique combination of key vitamins and minerals, can help build stronger families.

Milking the Moment. Sara Yanes and her son Nicholas Osternann don the famous milk mustache at the kick-off event for the 2010 Milk Mustache Mobile Tour in Miami. Attendees were invited to enjoy refreshing smoothies and fat- free and low-fat milk. They also learned about the nine essential nutrients that milk provides, and that serving milk for dinner is an easy way to help build a strong family both physically and emotionally.

Strong bones equal strong bonds. Alexandre Nogeira and his son Jonathan Faria stay healthy by incorporating milk into their dinner routine. At the 2010 Milk Mustache Mobile Tour stop in Miami, the father-son duo enjoyed mango smoothies, yet another fun way to include milk in their diet. Milk is naturally rich in nutrients. In fact, not only is it the leading food source of calcium and vitamin D, important for strong bones, but it's also a good source of high-quality protein for lean muscle and B vitamins for energy.

Please visit www.eligeleche.com to learn more about the Saborea el Momento tour. While there, make sure to share how you milk the moment with your family for a chance to win a trip to Miami to meet celebrity chef, Maggie Jimenez.

The Milk Processor Education Program (MilkPEP), Washington, D.C., is funded by the nation's milk processors, who are committed to increasing fluid milk consumption. The National Fluid Milk Processor Promotion Board, through MilkPEP, runs the National Milk Mustache "got milk?(R)" Campaign, a multi- faceted campaign designed to educate consumers about the health benefits of milk. For more information, go to www.whymilk.com. Deutsch, A Lowe and Partners Company, is the creative agency for the National Milk Mustache "got milk?(R)" Campaign.

SOURCE MilkPEP (Milk Processors Education Program)

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Ian's is issuing an alert to consumers regarding its Berry Cherry and Sour Apple & Cherry Fruitabits.  These products are not certified Kosher by OK Kosher Certification even though they bear the OK Kosher Certification symbol on their label. To respond to this issue, Ian's has taken immediate action to remove all Fruitabits products from store shelves.

Consumers who have purchased Ian's Fruitabits can contact Ian's Customer Service at 1-800-54-FOODS for a replacement or refund.

For media inquiries, please contact Jessica Pieciul at 617-939-8415.

About Ian's

Ian's offers an extensive line of great-tasting, better-for-you foods for families on-the-go.  Ian's creates and manufactures frozen entrees, fries, kids meals, breakfast foods, snacks and breadcrumbs. Ian's also offers several food items designed with special dietary needs in mind. Today, Ian's is based in Lawrence, Massachusetts and is a certified carbon neutral company through the Canadian GHG Challenge Registry.  Products are available nationwide at your local natural and organic retailer, and at the company's Web site, www.iansnaturalfoods.com.

SOURCE Ian’s

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http://www.iansnaturalfoods.com

Mincing Overseas Spice Company of Dayton, New Jersey announced today that it is recalling black pepper Lots 3258 and 3309 because of possible contamination with Salmonella.  

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. 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 (i.e., infected aneurysms), endocarditis and arthritis.

Black pepper was not distributed at retail level and was shipped to FL, IA, IL, IN, MA, OK, NJ, NY, PA, RI, TX and WI.

The black pepper was sold in 50 lb, 25 lb, and 20 lb cartons with Mincing Overseas Spice Company's name.

Mincing has decided to initiate this voluntary recall as a commitment to the safety and health of the public.

Customers that purchased black pepper from any parts of Lots 3258 and 3309 should place these lots or any spice blends made from these lots under their control on hold and contact Mincing Overseas Spice Company at 732-355-9944.  With regard to any spice blends or other foods made from these lots, companies should contact their local FDA Recall Coordinator to determine the appropriate action and if a sub recall is needed.  

CONTACT:  Eliot Hoff, +1-212-300-1801

SOURCE Mincing Overseas Spice Company

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