uConAgra To Pay $11M, Plead Guilty To Criminal Charge In Peter Pan Peanut Butter Salmonella Outbreakr

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  (Jerry)

  Back in 2006 and 2007, ConAgra shipped out batches of Peter Pan peanut butter tainted with salmonella, sickening more than 700 people in nearly every state. Today, the company has agreed to enter a guilty plea to criminal charges associated with the outbreak and to pay $11.2 million.

  The tainted Peter Pan had been produced in the ConAgra plant in Sylvester, GA, and shipped to stores nationwide. The Justice Department accused the Nebraska-based food giant of misdemeanor violations of the federal Food, Drug and Cosmetic Act.

  According to the plea agreement [PDF] filed today in a federal court in Georgia, ConAgra is admitting guilt to charges of the introduction into interstate commerce of adulterated food.

  Of the $11.2 million penalty, $3.2 million will be turned over in the form of forfeited assets. The remaining $8 is the largest criminal fine ever paid in a food safety case, according to the DOJ.

  While the Centers for Disease Control and Prevention identified more than 700 reported cases of salmonella poisoning tied to the Peter Pan plant, it estimates that several thousand additional cases went unreported.

  After the Sylvester plant operations were halted in 2007, testing found the presence of salmonella in at least nine places within the facility.

  In its plea, ConAgra admits that it had previously been aware of some risk of salmonella contamination in peanut butter.

  For example, twice in Oct. 2004, routine testing at the Sylvester plant turned up the bacteria in finished Peter Pan products.

  Employees attempted to find the source of the salmonella and identified several possibilities, including an old peanut roaster that was not uniformly heating raw peanuts, a storm-damaged sugar silo, and a leaky roof that allowed moisture into the plant.

  Though ConAgra took efforts to address these problem areas, the fixes took years and weren’t completed until after the salmonella outbreak.

  Additionally, between Oct. 2004 and Feb. 2007, ConAgra employees in charge of testing finished peanut butter failed to detect salmonella. Making matters worse, the company was unaware that some of these employees did not know how to properly interpret the results of the tests they were performing.

  ConAgra has since made significant upgrades to its facilities and says that Peter Pan peanut butter is “is safe and wholesome for consumers to continue to eat.”

  
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by Chris Morran via Consumerist

uOregon Testing Pay-Per-Mile System As An Alternative To State’s Gas Taxr

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  (Great Beyond)

  With more fuel-efficient vehicles and hybrid cars hitting the roads every day and requiring less gas, some states are looking into how they can still collect enough money from drivers to keep maintain their roads and bridges. Oregon is one such state, with a new test program that allows volunteers to pay the state not for the amount of fuel they buy at the pump with a gas tax, but for how many miles they drive.

  Greater fuel efficiency in cars means less revenue is generated for the state, prompting Oregon to seek alternatives to make up for that loss of cash from gas taxes. Starting July 1, up to 5,000 volunteers will be allowed to sign up to drive with devices that collect information about how much they’ve driven and where, reports KGW.com.

  Those drivers will agree to pay $0.015 per mile traveled on public roads — with private property and out-of state miles not included — instead of the current tax they pay for gas. Fueling up will still mean paying that tax at the time, but drivers in the program will then either get a credit or a bill to pay the difference at the end of the month.

  Though critics of the OreGo program, including electric and hybrid car owners who say such a tax would be unfair and perhaps deter others from purchasing green vehicles, state officials think it’s only fair for owners of such vehicles to chip in for maintaining roads like everyone else.

  “We know in the future, our ability to pay for maintenance and repair… will be severely impacted if we continue to rely on the gas tax,” said Shelley Snow with the Oregon Department of Transportation.

  Amid privacy concerns over the digital devices that track miles, the American Civil Liberties Union of Oregon said the state built protections into the program, such as drivers being able to opt out of the program and install an odometer device that doesn’t use GPS tracking.

  If your device does use GPS, the state and private vendors that supply the devices will destroy records of location and daily metered use after 30 days. Law enforcement won’t be able to access that information either, unless a judge gives approval.

  After the test program, it’ll be up to the state legislature to decide whether to adopt a mandatory road usage charge.

  So far Oregon is the only state to try this kind of program, though California created a committee last year to research alternatives to the gas tax and possibly develop a pilot program and Washington state also set money aside for something similar. A bill in Indiana is currently in the works that would direct the state to look at alternatives and come up with a test project along those lines as well.

  Oregon to test pay-per-mile idea as replacement for gas tax [KGW.com]

  
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by Mary Beth Quirk via Consumerist

uGM: That Car You Bought? We’re Really The Ones Who Own It.r

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  (paul bica)
  

  Congratulations! You just bought a new Chevy, GMC, or Cadillac. You really like driving it. And it’s purchased, not leased, and all paid off with no liens, so it’s all yours… isn’t it? Well, no, actually: according to GM, it’s still theirs. You just have a license to use it.

  At least, that’s what an attorney for GM said at a hearing this week, Autoblog reports. Specifically, attorney Harry Lightsey said, “It is [GM’s] position the software in the vehicle is licensed by the owner of the vehicle.”

  GM’s claim is all about copyright and software code, and it’s the same claim John Deere is making about their tractors. The TL;DR version of the argument goes something like this:

  • Cars work because software tells all the parts how to operate
  • The software that tells all the parts to operate is customized code
  • That code is subject to copyright
  • GM owns the copyright on that code and that software
  • A modern car cannot run without that software; it is integral to all systems
  • Therefore, the purchase or use of that car is a licensing agreement
  • And since it is subject to a licensing agreement, GM is the owner and can allow/disallow certain uses or access.

  The U.S. Copyright Office is currently holding a series of hearings on whether or not anyone other than the manufacturer of a car has a right to tinker with that car’s copyrighted software. And with the way modern design goes, that basically means with the car, at all.

  Folks who like to tinker with their cars, as well as independent (non-dealer) mechanics say they need the copyright exemption in order to be allowed to continue repairing their own cars, or keeping their businesses open. Manufacturers, like GM, say that it’s a safety issue: if people who aren’t authorized mess with any one piece of software, they could make the entire ecosystem of connected code unsafe.

  An attorney from the Electrnnic Frontier Foundation also testified at the hearing, telling the Copyright OFfice that restricting access to onboard computers in vehicles drives up costs, hurts competition, and stifles innovation. It also prevents third party researchers from conducting independent safety and security research without becoming lawbreakers.

  The first of the two sessions of hearings started yesterday in Los Angeles. The other will take place next week, in Washington, DC. The Copyright Office is expected to issue a ruling in July determining just what you can and can’t do with the things you thought you bought.

  General Motors says it owns your car’s software [AutoBlog]

  
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by Kate Cox via Consumerist

uWho Doesn’t Want A $1,150 Machine That Makes Coffee And Soda?r

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• Keurig, maker of digital rights management-laden coffee pod brewers, has seen its sales fall in recent weeks as customers made it known that they do not care for the latest version of the company’s machine. Yet what if there were a machine that could make both hot and carbonated beverages, and was available for the low price of $1,150? That device is coming, from Whirlpool and AB InBev.

  Yes, you may know AB InBev as the owner of Budweiser and a whole bunch of other beer brands, but this machine is not a SodaStream for beer. If it did that, and if it made good beer, it could be worth that high sticker price. Sorry about that. While it’s starting out in Brazil, it could become available elsewhere eventually. The idea is to sell a single machine that makes hot and cold drinks, from coffee to juice, all from cartridges like the beverage systems that we’re used to.

  The promotional video, which contains a weird amount of stock footage for things other than people enjoying delicious beverages, promises that the machine will automatically recognize what type of beverage cartridge you’ve loaded, adjusting the temperature and carbonation accordingly. That sounds a lot like the Keurig 2.0 technology that customers don’t seem particularly interested in.

  Whirlpool and AB InBev team up on hot-and-cold drink machine [Reuters]

  
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by Laura Northrup via Consumerist

uNHTSA Says It Could Take Days Or Weeks Before All Takata Recalled Vehicles Are Identifiedr

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  (I Am Rob)

  Japanese auto parts maker Takata finally buckled under pressure from federal regulators Tuesday, declaring that nearly 33.8 million vehicles sold in the United State come equipped with airbags that can spew pieces of shrapnel upon deployment. While about 17 million of those vehicles had already been part of recalls by major automakers, millions of others have yet to be identified, leaving consumers wondering if they’re driving around with what some people have likened to an explosive device in their steering wheel.

  Unfortunately, those consumers likely won’t know if their vehicle is affected by what is now the largest auto recall in U.S. history for days or weeks, the Washington Post reports.

  That’s because transportation officials say they need to conduct more tests and work with automakers before populating a final recall list.

  NTHSA posted a notice [PDF] on their site Wednesday advising car owners that “it generally takes anywhere from a few days to several weeks for automakers to gather individual VINs associated with a recall. It is important that you check back periodically as a recall on your vehicle may not show up immediately.”

  So far, regulators has complied a partial list of affected vehicles – mostly those included on previous manufacturer initiated recalls.

  That list – which can be found on the Post – includes several major models such as the Honda Civic, Dodge Ram, BMV 3 Series, Mazda 6, and Toyota Corolla.

  The agency says individuals can check to see if their automobiles are included by entering their 17 digit VIN on the SaferCar.gov website, which produces a list of all recalls associated with a particular vehicle.

  However, checking today probably won’t get you very far. An attempted search on the site by Consumerist resulted in the following error message:

  

  An additional check of NHTSA’s recall lookup tool also ended in an error saying the site “is experiencing unusually high volume and may cause delays or disruption in some functionality. If you experience a disruption then please visit later to conduct your search.”

  The Post reports that consumers attempting to call their dealerships to glean information about being included in the recall ran into similar issues, with dealers providing conflicting or no answers to inquiries.

  Even when people finally have an answer to whether or not their car is on the recall list, those placed on the roster can expect an additional wait before their vehicles are in the clear.

  The Post reports that regulators are anticipating it could take months or even years before enough replacement airbags and other parts are available to replace those deemed defective by Takata.

  Until then, automakers have advised that individuals can continue to drive their vehicles, despite the fact that the airbags have been linked to six deaths and 105 injuries.

  How to know if your car is part of the biggest recall in history [The Washington Post]

  
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by Ashlee Kieler via Consumerist

uPizza Hut Employees Fired For Writing “KKK” & Drawing Swastika Inside Pizza Boxr

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• If your racism runs so deep that you feel compelled to spell it out for people on the inside of fast food containers, maybe you shouldn’t be in a job that involves serving food to other human beings. Perhaps the three Arkansas Pizza Hut employees who were fired for this sort of behavior will remember that when they look for their next jobs.

  FOX16 in Little Rock reports that some customers of a Pizza Hut in Bryant, AR, opened up their pizza box and saw that “KKK” and a swastika had been scribbled on the inside of the lid in marker. Underneath the pizza, someone had written a racial slur.

  In response to incident, Pizza Hut HQ says that the employees involved in the scribbling have been fired for their “inexcusable” actions.

  “We have a zero tolerance policy for this type of behavior and regularly train our employees to treat everyone fairly, equally and with respect,” reads a statement from the company. “As soon as the local franchise owner found out about this he contacted the customer and apologized. We extend that sincere apology to everyone who was offended by this ignorant act. Obviously not a true reflection of the company or the local franchisee who acted very swiftly in responding.”

  The customers say they were indeed offered free dinner as a make-good, but one tells FOX16, “I don’t want it. I can’t eat Pizza Hut again. I won’t.”

  [via Eater.com]

  
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by Chris Morran via Consumerist

uNYC Food Vendor Accused Of Charging Tourists $30 For A Hot Dogr

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  (NBC New York [link has video that autoplays])

  One of the joys of street food is that it’s usually cheap, compared to what you’d get in a sit down restaurant or even a fast food joint. But New York City officials say a rumble broke out near Ground Zero recently when a food vendor was accused of charging tourists $30 for a hot dog, while sticking to the $3 price for locals.

  NBC New York (warning: link has video that autoplays) says fights have been breaking out at one particular food stand near the World Trade Center site, with customers accusing the vendor of overcharging not only for hot dogs but for soda, water and pretzels.

  The news station says multiple people have reported ripoffs, some saying he’d tried to charge $20 to $30 for a hot dog, or say, $15 for a pretzel and a water. The channel’s cameras captured the vendor apparently trying to charge a local $15 for a hot dog and a pretzel.

  “I said, ‘What are you, a crook?'” the customer later told NBC 4 New York. “I’m not a tourist, so I know the price in New York.”

  A representative from the Alliance for Downtown New York said she heard about fights breaking out last week over the sky-high prices, saying “it gives New York a bad name.”

  “To rip-off somebody, to charge them $35 for a hot dog and a pretzel, that leaves a terrible impression,” she said.

  The head of security for the Alliance added that there have been five times in the last week that they’ve “observed altercations on the street over the prices being charged for hot dogs, pretzels, water, soda.”

  The issue is exacerbated by the fact that the vendor’s prices aren’t posted, as required by the city’s Department of Consumer Affairs. The department says it’s investigating the vendor’s practices now, encourages those who feel they’ve been charged more than the posted price, or who find a stand that doesn’t have prices listed at all, to file a complaint at nyc.gov/consumers or to call 311.

  In general, if a street cart is selling $30 hot dogs, you can always walk a few feet or a few blocks and find more street meat at a much better price.

  Fights Break Out Over $30 Hot Dog Price at Stand Near Ground Zero: Officials [NBC New York]

  
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by Mary Beth Quirk via Consumerist