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Product Liability

Peanut Exec gets Record 28 Year Sentence for Deadly Food Poisoning Outbreak


— September 22, 2015

Parnell was convicted on multiple charges including knowingly shipping peanut products that were tainted with salmonella to merchants throughout the country. An ensuing outbreak between 2008 and 2009 in 46 states contributed to over 700 illnesses and at least nine deaths. Judge Sands also sentenced Parnell’s brother, 56 year-old Michael Parnell, a peanut broker, to 20 years and the plant’s quality assurance manager Mary Wilkerson to five years. Stewart Parnell’s 28 year sentence is the longest ever given for a food poisoning-related offense.


Although it isn’t technically a life sentence, former Peanut Corporation of America owner Stewart Parnell will likely be spending the rest of his life behind bars after Albany, Georgia U.S. District Judge W. Louis Sands sentenced the 61 year-old to 28 years in prison on Monday. Parnell was convicted on multiple charges including knowingly shipping peanut products that were tainted with salmonella to merchants throughout the country. An ensuing outbreak between 2008 and 2009 in 46 states contributed to over 700 illnesses and at least nine deaths. Judge Sands also sentenced Parnell’s brother, 56 year-old Michael Parnell, a peanut broker, to 20 years and the plant’s quality assurance manager Mary Wilkerson to five years. Stewart Parnell’s 28 year sentence is the longest ever given for a food poisoning-related offense. The U.S. Probation Office had recommended a life sentence for Parnell in July.

In total, Stewart Parnell was convicted last year on 71 counts, including wire fraud, conspiracy, obstruction of justice, and “introduction of adulterated food.” Co-defendant Michael Parnell was convicted on charges of fraud, conspiracy, and selling misbranded food. Wilkerson was convicted of obstruction of justice, also in 2014. The Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) traced the outbreak back to Peanut Corporation’s Blakely, Georgia processing facility. Inspectors found dirty equipment, mold, and cockroaches in the facility. During the four-year trial, evidence emerged that the company falsified lab reports indicating salmonella, labeling the findings “negative.” The outbreak affected many popular brands including Keebler, as well as Famous Amos products and airline snacks. Judge Sands also declared Stewart Parnell liable for up to $200 million in damages and Michael Parnell liable for $50 million. Although the 28-year sentence is a record, Judge Sands could have sentenced him up to 803 years maximum. The judge reiterated in his ruling that “this is not a murder case.”

Former food safety attorney Bill Marler told CNN about the elder Parnell’s sentence, “I think the fact that he was prosecuted at all is a victory for consumers. Although his sentence is less than the maximum, it is the longest sentence ever in a food poisoning case. This sentence is going to send a stiff, cold wind through board rooms across the U.S.” Attorneys for both brothers have announced that they will appeal the sentences, although the likelihood of success is dubious. There is no precedent for a sentence of either Parnells’ magnitude to evaluate. Most food poisoning cases result in misdemeanor convictions as opposed to the multiple felonies that the brothers received. Salmonella is the most common food-related illness, affecting 1.4 million people annually. A recent outbreak affecting 31 states and causing 418 illnesses was traced back to cucumbers sold by San-Diego produce vendor Andrew & Williamson Fresh Produce. The company issued a recall of the cucumbers on September 10th.

 

Sources:

Bustle – Elizabeth King

CNN – Moni Basu

USA Today – Kevin McCoy

Vox – Julia Belluz

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