Cadbury facing mounting bill for contaminated chocolate
17 Jul 2007
The judgment in Birmingham Crown Court on 16 July related to Cadbury’s distribution of contaminated chocolate between January and March 2006 and the state of its Marlbrook, Herefordshire plant -- the source of the contamination by Salmonella Montevideo, a rare strain of the bacteria.
Last year, Cadbury put costs relating to the incident, including the recall of product and lost sales, at £20 million. This estimate -- just three months after the recall of 21 June -- is now set to rise significantly as the people affected in the incident claim for damages, which could dwarf the fine imposed this week.
"Our clients are relieved that Cadbury have pleaded guilty to the charges bought against them, and in doing so accept their responsibility to the public," said Sallie Booth, a partner at Irwin Mitchell. Who is representing 12 people affected by the contaminated chocolate.
Cadbury had pleaded guilty to three charges related to the sale of unsafe confectionary bought by Birmingham City Council: placing unsafe chocolate on the market; failing to inform the competent authorities; failing to identify hazards from contaminated chocolate and critical controls to ensure food safety.
The company also admitted to six offences cited against it by Herefordshire Council, relating to the state of repair of its Marlbrook plant, including the factory layout, drainage facilities and cleaning of equipment.
Cadbury first discovered a sample of Salmonella at its Bournville site in April 2002, followed by a similar discovery at Marlbrook in January 2003. Chocolate crumb shipped from the Marlbrook factory is used in the manufacture of chocolate at the company’s Bournville site in Birmingham.
Further positive samples were found between 2003 and 2006 in liquid and crumb chocolate and end products as well as manufacturing and distribution equipment. However, the company did not inform the authorities until June 2006.
The charges brought by Herefordshire Council focused on Cadbury’s failure to ensure that all articles, fittings and equipment at the Marlbrook plant were effectively cleaned and disinfected. In particular, it said the company’s process of fogging used to disinfect silos had not been effective.
The plant layout did not include separate operating lines to enable isolation of production lines for routine cleaning and disinfection. The interior of the plant's Redler conveyors had not been effectively cleaned or disinfected, the council added.
The council also discovered a leaking drainage pipe above one plant and damaged roof vents, which created potential for contamination to enter the factory. Drainage water from the roof, it added, had flowed along an open channel within a clean area of the factory.
“This case should warn all food manufacturers, however large, that they should have adequate safeguards in place to ensure their products are of the highest standards and quality, said councillor Neil Eustace, chair of Birmingham Council’s Public Protection Committee.
Richard Lodge, Birmingham City Council’s head of food safety, added: “The decision to prosecute was not taken lightly and reflects the seriousness of the offences and the company’s decision to keep important information relating to the safety of its products from the relevant authorities.
The Cadbury ruling sends “a clear message that companies who have a great deal of responsibility for protecting public health cannot afford to ignore a potentially dangerous situation and cannot take a risk with the public's health," said Clarke of Irwin Mitchell.
"Whilst it is accepted that there is no safe level of salmonella in ready to eat food products, the Montevideo strain of Salmonella is particularly dangerous to the most vulnerable people in society which include children, who are the main consumers of chocolate,” the solicitor added.