FOOD POISONING
1. RE-RE-AMENDED PARTICULARS OF JUSTIFICATION AND FAIR COMMENT
C Food poisoning
Meat is responsible for the majority of cases of food poisoning, particularly
chicken and minced meat as used in burgers.
Knutsford, UK. In or around 1993 wing Commander Derek Simmonds died of food
poisoning after eating at the local McDonald's.
Kendall, UK. In or around 1993. A case of food poisoning of a McDonald's
customer led to legal action for compensation.
In January 1991 a number of people suffered food poisoning after eating
burgers from McDonald's in Friargate, Preston. Some had severe medical problems
requiring hospitalisation. McDonald's refused to admit responsibility despite
a public Health Laboratory official report into the incident identifying
the company, which concluded that `the problem may have not been completely
restricted to that single branch, or to a single hamburger chain' . Survivors
of the outbreak only received some compensation (without admission of liability)
after strenuous and lengthy effort.
S.E. England, 1991/92. A female customer consumed McDonald's food containing
a chicken cyst and received an out of court settlement.
New York, USA. In or around 1992 Eric Schneider bit into a cooked mouse
while consuming a McDonald's burger. This was confirmed by scientists at
New York's Cornell University. A lawsuit was launched.
Hackney, UK. In or around 1987 Environmental Health Officers from the local
authority found the salmonella virus in sewage outlets of the local McDonald's
store.
Woolwich, London UK. In or around winter 1988/9, Shaun Lynch discovered
a live worm in a burger purchased at Woolwich McDonald's. When he complained
he was only offered a free meal.
Crawley, UK. In or around February 1989. A customer discovered an inch long
worm inside her fish burger. A McDonald's spokesperson stated `It was a
harmless codworm' In April 1991 Kingston Magistrates fined McDonald's £750
with £1,500 costs for serving an undercooked `McChicken Sandwich' to
a customer.
Silver Spring, USA. In or around 1987 four women customers contracted typhoid
fever after consuming McDonald's shrimp salad.
During 1982 at least 47 people from Oregon, Michigan and other States in
the USA suffered E.Coli food poisoning after eating McDonald's hamburgers.
In or around March 1989, some customers who consumed burgers at McDonald's
on the Isle of Wight suffered food poisoning.
In May 1993, McDonald's were fined £1,000 at Southend Magistrates'
Court for having insanitary premises.
The defendants will rely on the facts outlined in an article entitled `Unhappy
Meals' by Liane Clorfene-Casten which appeared in Mother Jones publication
in July/August 1992. This article details the slaughter and processing procedures
at ConAgra's Monfort plant in Nebraska, USA who supply beef for use in McDonald's
products and relates various unhyglenic and unsavoury practices.
1909 K.St. NW Store closed on 31st May 1994 due to unclean food contact surfaces, improper food temperature, plumbing and fixtures in poor repair.
Residues and Human Health
1.-
Due to concerns about human health Furazolidone has been banned from use in medicinal products for food producing species. This was accepted by the European Regulatory Cttee on 2/6/95.
Due to concerns about human health, Avoparcin has been banned since 20/5/1995 from use in animal foods in Denmark which has also advised pig producers against the use of any antibiotic growth promoters
2. FURTHER AND BETTER PARTICULARS OF THE PARTICULARS OF JUSTIFICATION
AND FAIR COMMENT
1. Of: "
- Further or in the alternative, the words complained of in their
natural and ordinary meaning are true in substance and in fact. In so far
as it may be necessary, the Defendants will rely on Section 5 of the Defamation
Act 1952.
Particulars of justification will be served separately."
Specifying, in relation to each plaintiff, the defamatory meanings which
the Defendants seek to justify.
ANSWER
The Defendants seek to justify the following meanings in respect of each
plaintiff.
I. Meat is responsible for the majority of cases of food poisoning and chicken
and mince-meat are particularly bad.
4. FURTHER AND BETTER PARTICULARS OF THE AMENDED PARTICULARS OF JUSTIFICATION
AND FAIR COMMENT
REQUEST
3. Of:
- "Meat is responsible for the majority of cases of food poisoning,
particularly chicken and minced beef as used in burgers".
Stating:
(1)
- whether it is alleged that the food sold by the plaintiffs is responsible
for giving food poisoning to those who consume it and/or whether it is alleged
that the public has a greater chance of being given food poisoning from
eating the Plaintiffs' food than other food;
(2)
- if the answer to either of the requests above is in the affirmative,
each and every fact and matter relied upon to support the said allegation;
(3)
- if the answer to the said request in (1) above is in the negative, the
precise nature of the case which is being made against these plaintiffs
with the full particulars of those facts and matters relied upon to support
it.
ANSWER
(1)
- The Defendants' case is that since the plaintiffs' sell enormous quantities
of meat worldwide, particularly chicken and minced beef, there is a risk
that their customers could suffer food poisoning.
(2)
- The plaintiffs sell enormous quantities of meat worldwide, particularly
chicken and minced beef and were responsible for an outbreak of food poisoning
in Preston in early 1991.
(3)
- N/A. -
