Bad Source of Iron: Texas Beef Producer Recalls Beef Containing Metal Fragments

heblogoThere may be on thing that is not quite better at Here Everything’s Better stores in Texas. The chain has recalled meat that it sold due to metal fragments in the meat due to “an equipment malfunction.” The recall was issued appropriately on Friday the 13th.

No one has been injured thus far from the fragments.

Liability for such tainted or dangerous food products is quite high under the common law and under statutory law. The common law recognized an implied warranty of fitness for human consumption. Under negligence, punitive damages are often considered in such cases — particularly with the appearance of such things as metal fragments in the meat. Usually such cases are confined to negligence. However, it is notable that the recent wrongful death claim against Peanut Corporation of America was brought on both negligence and strict liability grounds.

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10 thoughts on “Bad Source of Iron: Texas Beef Producer Recalls Beef Containing Metal Fragments”

  1. Damn, wish this would have been poultry. Then HEB stores could have rworked their slogan by rephrasing the famous line from master politician Henry of Navarre. Instead of promising “A chicken in every pot,” they could legitimately say, “A pot in every chicken.”

  2. Is it a coincidence that this recall was from a Texas beef producer? This is additional evidence of the complete lack of oversight during the Bush years. The FDA has a lot of work ahead of it in order to more completely protect the food chain.

  3. I haven’t lived in Texas for fifteen years now, but when I lived there, “Here Everything’s Better” (where did they come up with that?) was actually H.E. Butt. I think that’s still the official name of the company.

    “Here Everything’s Better”? I can’t get over that.

  4. FYI – With respect to NAIS enforcement, the USDA is calling for 22,000 new veterinarians and 29,000 new vet techs by the year 2016. If you take 51,000 and divide it by 50, that would equal 1,020 new vets and vet techs per state by 2016. I wonder what services these people will perform and who will pay these people. As a matter of perspective, some state police forces employ fewer than 1,020 personnel all told.

  5. A minor correction: “H.E.B.” doesn’t stand for “Here Everything’s Better”, it’s the initials of the store’s founder, Howard E. Butt.

    There used to be a joke many years ago in South Texas:

    “Did you hear that Piggly-Wiggly merged with H.E.B.? They’re changing their name to Wiggly-Butt.”

    There’s one item curiously absent from their history page. H.E.B. was not able to compete with larger supermarket chains until they started selling beer in the mid-1970s.

  6. Yankee,

    All I can say is good luck enforcing that. Unless someone is going to go to every rural home in the country and tell them they can’t have their 20 chickens to protect Big Food’s profits. Without getting shot at that is. Is someone going to sit at every farm to tag animals as they are born? What happens to tracking when animals die from natural causes, accident or escape? They don’t have enough inspectors to police the commercial chicken farms, what makes you think they can do this as a logistic practicality? This is pure pork and I’m betting the grafty hogmaster responsible here manufactures those chips and/or is in someone’s pocket like Tyson. It’ll never be enforced, or worse, spotty enforcement by abusive officials. Bad law, bad joke, it will end up being like the mattress tag police.

  7. Sherry,
    except having animals for food will be tracked by our Orwellian gov’t:

    “Whether you are a large commercial producer or your child has a single horse or chicken for a 4-H project, each animal must be registered with the National Animal Identification System (NAIS) and the premise where the animal is kept is to be identified in a national data base, according to the USDA. Read: Animal ID Rolls Ahead With Premises Registration.

    USDA says that 25 percent of the premises are to be registered by April, 2006, and by July every state is to have an Interstate Certificate of Veterinary Inspection system in place. By January 2008, all premises and all animals are to be registered and by July of 2008 movement of all animals will be tracked. If this is not done by January of 2009, the consequences will be severe.

    Animals that must be identified with a chip or identification mark will be cattle/bison, sheep, goats, swine, horses, poultry & birds, deer/elk, llamas and alpacas. Animal identification and premise registration is voluntary until 2009. After that date there will be a $1,000 per day fine for noncompliance”

  8. we will all be raising our own if this doesn’t stop.
    of course my animals would all die of old age if i had to do that. my aunt had a farm when i was a little kid. been there, seen that. yes, i’m one of those that choose to believe that meat comes wrapped in plastic and is grown on trees but even veggies and good old peanut butter isn’t safe anymore.

    won’t think about sausage! read the book years ago. phooey.

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