~ Culture & History, ~ politics petitions pollution and pop culture

A Victory for Natives? James Warren ~ a repost


James Warren – James Warren is a journalist who worked for the Chicago Tribune, writes columns for the New York Times and Business Week and is a political analyst for MSNBC.

Jun 7 2010, 12:21 PM ET | Comment

Mistreatment of Indians is America’s Original Sin, and the narrative is consistent. They lose their land, get portrayed as caricatures of social maladies, and are ripped off by the likes of Jack Abramoff. So it’s no surprise that a tale with a very different ending, namely the righting of a horrible wrong affecting 500,000 Native Americans, proceeds with virtually no notice.Indeed, you’d think that even Tea Party diehards should rally to this cause, given their anti-government and pro-property rights passion. They might even want to pay homage to the intrepid female accountant-turned-banker, who inspired one of the most fiercely litigated disputes against the federal government in history. But they likely won’t. Who will? Not even many Indians believe that belated fairness is now on the way, given more than a century of government abuse and deceit whose undisputed facts strain credulity.The facts are these: Following the House’s approval, the Senate is considering whether to approve a $3.4 billion settlement of a 15-year-old lawsuit, alleging the government illegally withheld more than $150 billion from Indians whose lands were taken in the 1880s to lease to oil, timber, minerals and other companies for a fee. Back then, the government started breaking up reservations, accumulating over 100 million acres, giving individual Indians 80 to 160 acres each, and taking legal title to properties placed in one of two trusts. The Indians were given beneficial ownership but the government managed the land, believing Indians couldn’t handle their affairs. With leases for oil wells in Oklahoma, resorts in Palm Springs, and rights-of-ways for roads in Scottsdale, Arizona, some descendants of original owners receive six- and even seven-figure sums annually. But the prototypical beneficiary, now poised to share in the settlement, is a poor Dakotan who struggles to afford propane to heat his quarters and has been receiving as little as $20 a year. More than $400 million a year is collected from Indian lands and paid into U.S. Treasury account 14X6039.

The story turns on theft and incompetence by the Interior and Treasury Departments, with culprits including Interior’s Bureau of Indian Affairs (BIA) and the same Minerals Management Service now at the center of the BP oil spill fiasco. Over the past 100 years, government record systems lost track of more than 40 million acres and who owns them. The records simply vanished. Meanwhile, documents were lost in fires and floods, buried in salt mines or found in an Albuquerque storage facility covered by rat feces and a deadly Hantavirus. Government officials exploited computer systems with no audit trails to turn Indian proceeds into slush funds but maintain plausible deniability.

The lack of accountability is confirmed in the government’s own reports and testimony dating to the early 20th century. Conclusions of “fraud,” “corruption,” “institutional incompetence,” “deficiencies in accounting,” “the accounts lack credibility,” “multifaceted monster,” “organizational nightmare,” “dismal history of inaction,” “criminal negligence,” and “sorry history of department mismanagement,” are found regularly between 1915 and the present.  Congress ordered an accounting in 1994 but interior secretaries in both the Clinton and George W. Bush administrations were held in civil contempt for not forking over records. District Judge Royce Lamberth, a Texas Republican nominated by President Reagan who oversaw the case for a decade, called the whole matter “government irresponsibility in its purest form.”

I sat in Lamberth’s courtroom in 1999 when Interior Secretary Bruce Babbitt both lost his cool and conceded that the government couldn’t provide accurate cash balances of most accounts and that “the fiduciary obligation of the United States is not being fulfilled.” But the dispute would not end, as the Clinton and Bush administrations fought unceasing adverse rulings in a case inspiring 3,600 separate court filings and 80 published decisions. No single case, including the antitrust action against Microsoft, has been as heavily litigated and defended by the government, say lawyers.

The government’s chief nemesis has been Elouise Cobell, a member of the Blackfeet Nation in Montana, the accountant-turned-banker who in 1987 started Blackfeet National Bank, the first national bank on a reservation. With a very small team of attorneys led by a Washington banking specialist, Dennis Gingold, her suit has inspired 3,600 court filings and 80 published decisions. Not even the antirust action against Microsoft was as heavily litigated by the government.

The historic resistance melded with an unsympathetic appeals court often overruling the dispute’s two trial judges. It ordered removal of Lamberth, now the district court’s chief judge, due to harsh language toward the government. Last year, it threw out a ruling by District Judge James Robertson, Lamberth’s successor, that the Indians were owed $476 million, a pittance compared to the reduced, $48 billion they were seeking by then. Presidential candidates Barack Obama and John McCain both urged settlement during the 2008 campaign.

A resolute Judge Robertson then hauled Interior Secretary Ken Salazar and plaintiffs into his chambers last year. He made clear to one and all that, in light of the latest appeals court ruling, both sides had the choice between spending maybe another 10 years in court or trying to finally settle. The initial atmosphere was not necessarily conducive to harmony. Career government employees in the Interior, Justice and Treasury departments felt burned after years of being belittled by both the plaintiffs and Judge Lamberth. Meanwhile, the plaintiffs had minimal trust in the government. But political appointees in the Obama administration, including Salazar and Attorney General Eric Holder, took their cue from President Obama’s own support of a settlement. Dozens of meetings ensued, with the many prickly issues including how far back in time one would go to try to determine who should benefit.

Ultimately, Judge Robertson prodded what, given all the legal setbacks, is an impressive $3.4 billion deal announced in December. Ironically, before the recent congressional recess, the House approved the deal and Robertson announced his retirement, meaning District Judge Thomas Hogan becomes the third, and hopefully final, arbiter in the case. He would oversee a so-called “fairness hearing” in which objections can be raised.

There is inherent complexity in wrapping up. If the Senate approves, there will be a media campaign throughout Indian Country, including direct mail, newspaper and broadcast public service advertisements. Garden City Group of Melville, New York, which handled the major class action against Enron, will be claims administrator. It will get computer lists from the Interior Department, with the account information of perhaps 500,000 Indians and then doublecheck names and addresses. How good are the records? Nobody is really sure.

The $3.4 billion will be placed in a still-to-be-selected bank and $1.4 billion will go to individuals, mostly in the form of checks ranging from $500 to $1,500. A small group, such as members of the Osage tribe who benefit from huge Oklahoma oil revenues, will get far more, based on a formula incorporating their 10 highest years of income between 1985 and 2009. As important, $2 billion will be used to buy trust land from Indian owners at fair market prices, with the government finally returning the land to tribes. Nobody can be forced to sell. As for the winning lawyers, their take is capped at $100 million, actually low by class-action standards, though Republican Sen. John Barrasso of Wyoming, an orthopedic surgeon, has groused about the fees.

The fairness hearing will be interesting since many Indians have a hard time believing they’re not still being shafted. “This proposed settlement fixes nothing, the U.S. won by legal weaseling,” writes a member of the Upper Midwest’s Prairie Band Potawatomi tribe on a message board. He’s not alone. Like a family victimized by homicide, Indians may never experience enough healing to truly recover. But, finally, as hard as it is for them to believe, there really may be some justice.

P/CPoint edit…there were many responses to this article by Mr. Warren; but the one response  I had to add is…below;
from …ThomsMWabnum
My article was reference in yours. This is the complete article as posted in other websites. Thank you for posting it.First, I would like to thank Ms. Cobell for the strength and courage to fight the U.S. on our behalf for the past 13 years.
This proposed settlement fixes nothing, the U.S. won by legal weaseling. This lawsuit maybe settled but the mismanagement and corruption continues. The centuries old broken government trust is still broken. The IIM accounts are still not reconciled. Some IIM accountholders will get paid and some will not. OST has violated the Indian Preference policy and hire non-Indians in Indian positions. The Cobell and numerous investigations on DOI/BIA/OST by OIG, GAO and the courts that proved numerous times they are either unwilling or unable to fix their broken trust. They went unpunished and will continue to operate into the future as if nothing happened. As if Indian Affairs has not been ‘commissioned’ to death, this settlement adds another one.
If all Individual Indian lands are bought off and transferred over to tribal trust property, the same historical broken trust is there not to protect it or improve it. The same slumlord mentality, scalawag management and Judge Roy Bean justice prevails all because we are Native Americans.
The U.S. did send a message to Indians in Cobell. They will extend Indian claims in courts indefinitely until the claimants die, exhaust funding and cave into perennial stonewalling.
The historical damage done to Native people, their land and money goes unchecked and without consequence. Not one employee faced criminal charges, was removed or fired for deliberately wasting billions in taxpayer’s dollars in cover up schemes. The U.S. won’t even apologize for inflicting termination and terrorism on the people they are legally bound to protect. At least, Canada and Australia apologized to the Natives of their countries.
After the starting Judge and court appointed investigators proved that DOI/BIA/OST wasted billions of dollars trying to fix the broken trust they too were removed from the case. The U.S. were found in contempt of court for lying to a federal judge, filing false reform reports, destroying records and for 13 years of federal failure. Honest American federal employees who reported such fraud, waste and abuse termed “whistleblowers” were also squeezed out of service and replaced with puppets.
“On June 20, 1867, Congress established the Indian Peace Commission to negotiate peace with Plains Indian tribes who were warring with the United States. The official report of the Commission to the President of the United States, dated January 7, 1868, describe detailed histories of the causes of the Indian Wars including: numerous social and legal injustices to Indians, repeated violations of numerous Treaties, acts of corruption by many of the local agents, and culpability of Congress itself for failing to fulfill certain legal obligations. The report asserts that the Indian Wars were completely preventable had the United States government and its representatives acted with legal and moral honesty in dealing with the Indians.”
In short, this 1867 Commission also “recommended that the intercourse laws with Indian Tribes be thoroughly revised.” This sounds like trust reform to me.
Second, “But it is insisted that the present Indian service is corrupt, and this change should be made to get rid of the dishonest. That there are many bad men connected with the service cannot be denied. The records are abundant to show that gents have pocketed the funds appropriated by the government and driven the Indians to starvation.” And still today, the U.S. Courts, it’s investigators, GAO and OIG all exposed corrupt employees in Indian Affairs.
Third, “That Congress pass an act fixing a day (not later than the 1st of February, 1869) when the offices of all superintendents, agents, and special agents shall be vacated. Such persons as have proved themselves competent and faithful may be reappointed. Those who have proved unfit will find themselves removed without an opportunity to divert attention from their own unworthiness by provisions of party zeal.” This 1867 Commission told the President how to get rid of corrupt employees and even today it has not been done. Why?
Fourth, “We, therefore, recommend that Indian affairs be committed to an independent bureau or department. Whether the head of the department should be made a member of the President’s cabinet is a matter for the discretion of Congress and yourself, and may be as well settled without any suggestions from us.” This 1867 Commission told the President that there should be a Department of Indian Affairs separate from the Department of Interior.
Two other recommendations by this 1867 Commission talked about State encroachment on tribal sovereignty and shady traders.”
In 1973, Senator James Abourezk introduced Senate Joint Resolution No. 133 to establish a Federal commission to review all aspects of policy, law, and administration relating to affairs of the United States with American Indian tribes and people. The Senate and the House of Representatives both adopted S.J. Res. 133 and on January 2, 1975, the Resolution was signed into law by the President, thus establishing the American Indian Policy Review Commission [Public Law 93-580]. There are other Commissions in 1928, 1934 and 1992.
But after 141 years and Commissions, this proposed settlement still does not protect our land, money, fleecing or our natural resources and culture but promotes tribal sovereignty erosion and U.S. failure to enforce treaty rights and their federal trust responsibilities according to their own U.S. Constitution and Congressional obligations.
The U.S. can send a man to the Moon and maybe Mars, travel to the bottom of the deepest Ocean, fight wars on opposite side of the world, clone animals but cannot fix the broken trust problem with Indian services.
If the U.S. initially worked with earnest and full trust with Native Nations using their own money plus the promised federal appropriations, there would not be a financial burden on either party, national dishonesty or worldwide disgrace of American ideals.
It has been settled for me to forget all that happened within DOI and accept the $1,500.00 minus reserves/taxes (unknown amount) and attorney fee’s (unknown amount) as if nothing happened.
Thomas M. Wabnum
Prairie Band Potawatomi
Former Tribal Councilperson
Viet Nam Veteran
IIM Accountholder
BIA/OST retired
~ politics petitions pollution and pop culture

1989 – L. Douglas Wilder won the governor’s race in Virginia, becoming the first elected African-American state governor in U.S. history.


Douglas Wilder 2003 NIH.jpg

On November 7, 1989, in Virginia, Lieutenant Governor Douglas Wilder, also a Democrat, becomes the first elected African American state governor in American history.

Although Wilder was the first African American to be popularly elected to the governor’s post, he was not the first African American to hold that office. That distinction goes to Pinkney Benton Stewart Pinchback, a Reconstruction-era lieutenant-general of Louisiana who became Louisiana state governor in December 1872. Pinchback served as acting governor for five weeks while impeachment proceedings were in progress against Governor Henry Clay Warmoth.

Wilder served as Virginia governor until 1993, whereupon he was forced to step down because Virginia law prohibits governors from serving two terms in succession.

resource: history.com

~ politics petitions pollution and pop culture

FDA/USDA ~ October & updates for Sept ~ Alerts & Safety ~ 2020


  • Homestead Creamery of Wirtz, VA is voluntarily recalling glass bottled products because of a suspected issue with the bottle sanitizing process. Glass bottled product in question may have a strong sanitizer odor which may affect the taste and quality of the product. There is no known health risk associated with the issue at this time.

    Affected products include:

    Product UPC Best Buy Dates
    A2A2 2% half gallon 875252000289 Nov 8
    Creamline Whole Milk half gallon 875252000074 Nov 4, Nov 8, Nov 9
    Homogenized Whole Milk half gallon 875252000173 Nov 4, Nov 8, Nov 9
    Homogenized Whole Milk quart 875252000159 Nov 5, Nov 8, Nov 9
    2% Milk half gallon 875252000272 Nov 4, Nov 8, Nov 9
    2% Milk quart 875252000258 Nov 4, Nov 8, Nov 9
    Non-Fat Creamline Milk half gallon 875252000371 Nov 4, Nov 8, Nov 9
    Non-Fat Creamline Milk quart 875252000357 Nov 8, Nov 9
    Chocolate Milk half gallon 875252000470 Nov 4, Nov 8, Nov 9
    Chocolate Milk quart 875252000456 Nov 4, Nov 5, Nov 9
    Orange Cream Milk quart 875252000623 Nov 8
    Cowpuccino Milk quart 875252000760 Nov 8
    Heavy Cream quart 875252000890 Nov 4, Nov 8, Nov 9
    Half and Half quart 875252000869 Nov 8, Nov 9
    Buttermilk quart 875252000821 Nov 29
    Lemonade half gallon 875252002658 Dec 19, Dec 20
    Eggnog quart returnable bottle 875252000982 Nov 15
    Old Fashioned Custard quart returnable bottle 875252000920 Nov 15
    Eggnog half gallon returnable bottle 875252000999 Nov 15
    Eggnog quart nonreturnable bottle 875252001002 Nov 15
    Old Fashioned Custard quart nonreturnable bottle 875252000951 Nov 15

    These returnable glass bottles were distributed in Virginia, West Virginia, North Carolina, South Carolina, Georgia, Alabama, Ohio, Pennsylvania, Maryland, New Jersey, and New York in October through retail stores, direct delivery, and wholesale distributors. Shipments of this product started on October 15, 2020.

    Eggnog and custard round, non-returnable glass bottles with the best by date of Nov 15 were distributed to The Fresh Market stores in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, and Virginia. Shipments of this product started on October 14th, 2020.

    The best by date of the bottle is located on the side of the bottle cap. No serious illnesses have been reported to date in connection with this problem.

    The recall was initiated after it was discovered that product smelled like cleaning agent.

    Consumers should return the bottles to the place of purchase for a full refund. The recall should be carried out to the user level. Consumers with questions may contact the company at 540-721-2045 Monday- Friday 8:00am-4:30pm Eastern Time.

     

  • Sunstar Americas, Inc. (SAI) is voluntarily recalling Paroex® Chlorhexidine Gluconate Oral Rinse USP, 0.12% products bearing an expiration date from 6/30/22 – 9/30/22 (see specific lots below) to the consumer level. This product may be contaminated with the bacteria Burkholderia lata.

    Use of the defective product in the immunocompetent host may result in oral and, potentially, systemic infections requiring antibacterial therapy. In the most at-risk populations, the use of the defective product may result in life-threatening infections, such as pneumonia and bacteremia. To date, no adverse events have been reported to SAI related to this recall.

    The prescription oral rinse product, available through healthcare professionals only, is indicated for use as part of a professional program for the treatment of gingivitis and is packaged as follows:

    • 1789P GUM® Paroex® is distributed in cases each containing 6 amber bottles of 16 fluid ounce (473 ml) chlorhexidine rinse. The bottle has a childproof cap and a 15 ml metered dosage cup, is safety sealed, and is decorated with a multiple-panel wrap-around label.
    • 1788P GUM® Paroex® is distributed in cases each containing 24 amber bottles of 4 fluid ounce (118.25 ml) chlorhexidine rinse. The bottle has a childproof cap, is safety sealed, and is decorated with a multiple-panel wrap-around label.

    The product can be identified by as shown in the images below:

    Paroex was distributed Nationwide to Dental offices, Dental distributors, Pharmaceutical wholesalers, Dental schools, and Pharmacies.

    SAI is notifying its direct distributors and customers by USPS Priority mail and is arranging for return of all recalled products. Patients, pharmacies, and healthcare facilities in possession of these products should stop using and dispensing immediately.

    Consumers with questions regarding this recall can contact SAI by phone at 1-800-528-8537 or email us.pcr@us.sunstar.com on Monday-Friday from 8am-5pm CST. Consumers should contact their physician or healthcare provider if they have experienced any problems that may be related to using this drug product.

    Affected products and lot numbers follow below:

    AFFECTED LOTS

    Product name: Paroex® Chlorhexidine Gluconate Oral Rinse USP, 0.12% NDC # 052376-021-02 P/N 1789P 16 fl oz
    Lot # Exp Date Lot # Exp Date Lot # Exp Date
    C170FY 6/30/22 C191KT 7/31/22 C205BL 7/31/22
    C170FZ 6/30/22 C191KU 7/31/22 C205BM 7/31/22
    C170GA 6/30/22 C191KW 7/31/22 C205BN 7/31/22
    C170GB 6/30/22 C191KX 7/31/22 C219DS 8/31/22
    C170GC 6/30/22 C191KY 7/31/22 C240GM 9/30/22
    C177GP 6/30/22 C198LJ 7/31/22 C219DK 8/31/22
    C177GQ 6/30/22 C198LK 7/31/22 C219DL 8/31/22
    C177GR 6/30/22 C198LL 7/31/22 C219DM 8/31/22
    C240GP 9/30/22 C198LM 7/31/22 C219DN 8/31/22
    C240GQ 9/30/22 C205BH 7/31/22 C219DP 8/31/22
    C240GR 9/30/22 C205BJ 7/31/22 C219DQ 8/31/22
    C191KS 7/31/22 C205BK 7/31/22 C219DR 8/31/22
    Product name: Paroex® Chlorhexidine Gluconate Oral Rinse USP, 0.12% NDC # 052376-021-04 P/N 1788P 4.0 fl oz
    Lot # Exp Date
    C191KR 7/31/22

    Adverse reactions or quality problems experienced with the use of this product may be reported to the FDA’s MedWatch Adverse Event Reporting program either online, by regular mail or by fax.

    • Complete and submit the report Online
    • Regular Mail or Fax: Download form or call 1- 800-332-1088 to request a reporting form, then complete and return to the address on the pre-addressed form, or submit by fax to 1-800-FDA-0178

    Sunstar is committed to delivering safe, fully compliant products of the highest quality and is taking necessary steps to prevent future occurrence of this issue.

    This recall is being conducted with the knowledge of the U.S. Food and Drug Administration.

    About Sunstar Americas Inc.

    Sunstar Americas, Inc., a member of the Sunstar Group of companies, is a global organization headquartered in Switzerland that is a leader in the oral care industry and the manufacturer and distributor of the GUM and Butler Brands.

  • Comercial Mexicana International Inc. in Bethpage New York is recalling the product because it may pose a choking hazard. Small jelly cups containing seaweed extract (carrageenan) has been identified as a potential choking hazard in children

    No incidents of consumers choking have been reported to date in connection with this problem. The potential choking hazard was discovered during a routine inspection by the New York State Department of Agriculture and Markets, Food Safety and inspection.

    The recalled jelly cups were sold in NY, NJ, CT, PA retail stores.

    The recall products are:

    Description

    UPC

    GRAMS

    PACKAGED

    BEST BEFORE

    CUPS
    TROPIQUE ASSORTED FRUIT JELLY 30/9PCS/10.6oz 732068496333 301 PLASTIC BAG 9/17/2021 9
    TROPIQUE JELLY ANIMAL TIGER JAR 6/26OZ 732068496050 737 PLASTIC JAR 1/18/2022 22
    TROPIQUE JELLY ANIMAL OWL JAR 6/26OZ 732068496012 737 PLASTIC JAR 1/18/2022 22
    TROPIQUE JELLY ANIMAL DUCK JAR 6/26OZ 732068495992 737 PLASTIC JAR 1/18/2022 22
    TROPIQUE JELLY ANIMAL BEAR JAR 6/26OZ 732068496098 737 PLASTIC JAR 1/18/2022 22
    TROPIQUE JELLY ANIMAL PANDA JAR 6/26OZ 732068496036 737 PLASTIC JAR 1/18/2022 22
    TROPIQUE JELLY ANIMAL PIG JAR 6/26OZ 732068496074 737 PLASTIC JAR 1/18/2022 22
    TROPIQUE JELLY ANIMAL CAT JAR 6/26OZ 732068496111 737 PLASTIC JAR 1/18/2022 22

    The product is packaged in a Plastic Green Bag with fruit design on the front, with 9 individual plastic jelly cups inside each pack. The second product is a Jelly jar packaged in a Plastic Jar with an animal shape. It has 22 individual plastic jelly cups inside each container. The UPC number on the products are all listed above. The Container code marked on the package is “best before” 09/17/2021 for TROPIQUE ASSORTED FRUIT JELLY BAG and ‘best before”01/18/2022” for TROPIQUE JELLY ANIMAL JAR.

  • Sauer Brands, Inc. is voluntarily recalling The Spice Hunter Products listed below due to the potential presence of Salmonella. After initially certifying that our raw material had tested negative for Salmonella, and was fit for human consumption, our supplier notified us of the potential presence of salmonella in specific lots of organic parsley that it provided to us. Those lots of parsley were used on two specific days in our production. We are recalling other products produced on those same days out of an abundance of caution regarding potential cross-contamination.

    While Sauer is aware of no reports of illness to date, that relate to these products, Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea, nausea, vomiting and abdominal pain. If you are experiencing these symptoms, and believe you may have been exposed to Salmonella, please report to a medical provider.

    The Spice Hunter Products in question were distributed to the states of Alaska, Alabama, Arizona, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Missouri, North Carolina, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin. The product was produced for sale at retail and spicehunter.com

    These products come in clear glass jars marked with lot codes 20217C, 20220C, 20269C and 20270C on the white field on the label. A list of the products is shown below:

    1.3 ounce 1.6 ounce

    Item Num Product Name Brand Name Jar UPC Case UPC Lot Number Best By Date Description Product Size
    41659 Organic Parsley The Spice Hunter 8105701659 40081057016594 20217C Aug-22 Parsley Flakes 0.23 ounce
    41659 Organic Parsley The Spice Hunter 8105701659 40081057016594 20269C Sep-22 Parsley Flakes 0.23 ounce
    41245 Saigon Organic Cinnamon The Spice Hunter 8105701245 40081057012459 20217C Aug-22 Ground Cinnamon 1.7 ounce
    41260 Madagascar Cloves The Spice Hunter 8105701260 40081057012602 20220C Aug-22 Ground Cloves 1.9 ounce
    41937 Gourmet Sesame Seeds The Spice Hunter 8105701937 40081057019373 20220C Aug-22 Sesame seeds 2.4 ounce
    41440 Herbes De Provence The Spice Hunter 8105701440 40081057014408 20220C Aug-22 French Herb Blend 0.6 ounce
    41850 Pumpkin Pie Spice The Spice Hunter 8105701850 40081057018505 20220C Aug-22 Pumpkin pie spice 1.8 ounce
    41935 Seafood Grill & Broil The Spice Hunter 8105701935 40081057019359 20220C Aug-22 Seafood seasoning blend 1.3 ounce
    41275 Coriander The Spice Hunter 8105701275 40081057012756 20220C Aug-22 Ground Coriander 1.4 ounce
    41400 California Garlic The Spice Hunter 8105701400 0081057014002 20220C Aug-22 Granulated Garlic 2.7 ounce
    42256 Green Hatch Chile The Spice Hunter 8105702256 40081057022564 20220C Aug-22 green chile 2.4 ounce
    41541 Mexican Seasoning The Spice Hunter 8105701541 40081057015412 20269C Sep-22 Organic Mexican Spice blend 1.4 ounce
    41703 Black Pepper The Spice Hunter 8105701703 40081057017034 20269C Sep-22 Coarse Ground Black Pepper 1.7 ounce
    41653 Paprika The Spice Hunter 8105701653 40081057016532 20269C Sep-22 Organic Paprika 1.4 ounce
    41955 Szechwan Seasoning The Spice Hunter 8105701955 40081057019557 20269C Sep-22 Chinese Seasonin Blend 2.1 ounce
    41706 Fine Black Pepper The Spice Hunter 8105701706 40081057017065 20269C Sep-22 Fine Ground Black Pepper 1.6 ounce
    41420 Chinese Ginger The Spice Hunter 8105701420 40081057014200 20269C Sep-22 Ginger 1.6 ounce
    41792 Muntock White Pepper The Spice Hunter 8105701792 40081057017928 20269C Sep-22 White Pepper 2.1 ounce
    41402 Roasted Garlic The Spice Hunter 8105701402 40081057014026 20269C Sep-22 Roasted Granulated Garlic 2.2 ounce
    41351 Everything Bagel Crunch The Spice Hunter 8105701351 40081057013517 20270C Sep-22 Bagel Seasoning Blend 2.3 ounce
    41700 Malabar Black Peppercorns The Spice Hunter 8105701700 40081057017003 20270C Sep-24 Black Peppercorns 2.1 ounce
    41230 Freeze-Dried Chives The Spice Hunter 8105701230 40081057012305 20270C Sep-23 Green Chives 0.13 ounce
    41450 Italian Seasoning The Spice Hunter 8105701450 40081057014507 20270C Sep-22 Mediterranean Herb Blend 0.6 ounce
    41236 Cilantro The Spice Hunter 8105701236 40081057012367 20270C Sep-22 Organic Cilantro 0.3 ounce
    41363 Fennel Seeds The Spice Hunter 8105741363 40081057413630 20270C Sep-24 Whole Fennel Seeds 1.3 ounce
    41348 Dill Weed The Spice Hunter 8105701348 40081057013487 20270C Sep-22 Organic Dill Weed 0.5 ounce
    41050 Arrowroot The Spice Hunter 8105701050 40081057010509 20270C Sep-22 Ground Arrowroot 2.1 ounce
    41170 Cayenne Red Pepper The Spice Hunter 8105701170 40081057011704 20270C Sep-24 Cayenne Red Pepper 1.8 ounce
    41440 Herbes De Provence The Spice Hunter 8105701440 40081057014408 20270C Sep-22 French Herb Blend 0.6 ounce

  • ADSON (TOKO) TRADING CO., INC. OF MASPETH, NY is recalling its 28.2oz (800g) bags of EISHINDO MINI CUP JELLY (50 pcs) (迷你果凍杯(大)) due to the product being a potential choking hazard based off of its product size and consistency. Small jelly cups have previously been implicated in choking deaths of children.

    The recalled jelly cups were distributed nationwide in retail food stores and are sold in large clear bags of 50 jelly cups. The UPC code is, “4970481000034,” Product code is, “E007.”

    No incidents of consumers choking have been reported to date in connection with this product.

    The potential choking hazard was noted after discussion with a representative from the Food and Drug Administration.

    Consumers who have purchased 28.2oz (800g) bags of EISHINDO MINI CUP JELLYS are urged to return them to the store where they were purchased for a full refund or throw them away in a sealed package inside a secure garbage can with a tight fitting lid. Consumers who have questions or concerns may contact the company at 718-628-6761 Monday thru Friday between 8AM and 6PM EST.

  • On October 20, 2020, FSIS will update the individual establishment Salmonella performance standard category information for raw poultry carcasses, raw chicken parts and comminuted poultry products at https://www.fsis.usda.gov/wps/portal/fsis/topics/data-collection-and-reports/microbiology/salmonella-verification-testing-program/establishment-categories.

  • The U.S. Food and Drug Administration (FDA) is providing recommendations about the use of dental amalgam in certain groups of people who may be at greater risk to the potential adverse health effects of mercury exposure, to include:

    • Pregnant women and their developing fetuses;
    • Women who are planning to become pregnant;
    • Nursing women and their newborns and infants;
    • Children, especially those younger than six years of age;
    • People with pre-existing neurological disease;
    • People with impaired kidney function; and
    • People with known heightened sensitivity (allergy) to mercury or other components of dental amalgam.

    For over 20 years, the FDA has been reviewing, considering and holding public discussions regarding the scientific literature and other evidence on the safety of dental amalgam. Key among our findings are the uncertainties about the acceptable reference exposure levels for mercury vapor (gas), the potential for mercury to convert to other mercury compounds in the body, and whether the degree of accumulation of mercury from dental amalgam results in negative (adverse) health outcomes. The FDA held a meeting of our Dental Products Panel of the Medical Devices Advisory Committee in December 2010External Link Disclaimer and a meeting of our Immunology Devices Panel in November 2019 to discuss these uncertainties. Elemental mercury used in dental amalgam is known to cause adverse health effects, particularly when the extent of exposure is high, in individuals who have reduced ability to remove mercury from their bodies, and in individuals who are sensitive to mercury. Although the majority of evidence suggests exposure to mercury from dental amalgam does not lead to negative health effects in the general population, little to no information is known about the effect this exposure may have on members of the specific groups listed above who may be at greater risk to potential negative health effects of mercury exposure. Accordingly, the FDA recommends that non-mercury restorations (fillings) such as composite resins and glass ionomer cements be used, when possible and appropriate, in people who may be at higher risk for adverse health effects from mercury exposure.

    The FDA does not recommend anyone remove or replace existing amalgam fillings in good condition unless it is considered medically necessary by a health care professional (for example, a documented hypersensitivity to the amalgam material). Removing intact amalgam fillings may result in a temporary increase in exposure of mercury vapor released during the removal process in addition to the potential loss of healthy tooth structure.

    At this time, the FDA does not find the available evidence supports a complete ban of the use of dental amalgam. The weight of the existing evidence does not show that exposure to mercury from dental amalgam leads to adverse health effects in the general population, and its longevity is better than that of alternatives, especially for large restorations. In addition, a ban on amalgam may result in deferred or no treatment and have unintended health implications,especially in communities where there might be limited availability of alternative materials.

  • The State of Virginia issued an Order of Summary Suspension and Notice of Formal Administrative Hearing and Statement of Allegations (“VA Order”) for the lead interpreting physician of Allison Breast Center at Monument Radiology. The VA Order suspended the medical license of the lead interpreting physician, who was also the only interpreting physician at the facility, and as a result, the FDA requested documentation demonstrating that the responsibilities of the lead interpreting physician had been assigned to another MQSA-qualified interpreting physician. Based on the information contained in the Order of Summary Suspension and Notice of Formal Administrative Hearing and Statement of Allegation, the FDA required the facility to participate in an Additional Mammography Review (AMR) to determine if the overall quality of mammography performed at the facility was compromised due to the failure of the facility to operate in compliance with the Mammography Quality Standards Act.

    The American College of Radiology (ACR), at the request of the FDA, contacted the facility to request the clinical images and documentation needed to conduct the AMR of mammograms performed at Allison Breast Center at Monument Radiology.  The facility did not comply with the ACR’s request, and as a result, on August 11, 2020, the ACR revoked the facility’s accreditation. On August 12, 2020, the FDA placed the facility’s Mammography Quality Standards Act certificate in a “no longer in effect” status.

    Under the Mammography Quality Standards Act of 1992, the FDA requires that all mammography facilities meet certain baseline quality standards and be certified to legally operate in the United States. This facility did not meet the standards for mammography quality under the Act. This facility may not legally perform mammography at this time, as it does not have an active MQSA certificate.

    On August 27, 2020, the FDA directed the facility to notify all patients who received mammograms at Allison Breast Center at Monument Radiology on or after June 17, 2018, along with their referring health care providers, about the problems with the mammography quality at the facility. To date, the facility has not performed the ordered notifications.

  • Meijer, in conjunction with Eagle Produce, LLC in Aguila, AZ., is announcing a voluntary recall of whole cantaloupe and select cut cantaloupe fruit trays and bowls. The recall is part of a sampling investigation by the Michigan Department of Agriculture and Rural Development and is due to the potential risk of Salmonella.

    Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

    The multi-state recall involves whole cantaloupe and select cut cantaloupe fruit trays and bowls in various weights ranging from 6–40 ounces sold between Sept. 26 and Oct. 5 of this year at all Meijer stores in Michigan, Ohio, Indiana, Illinois, Kentucky and Wisconsin. There have been no illnesses reported to date.

    The recalled whole cantaloupe would have a sticker label stating Kandy Brand from Eagle Produce, LLC. If there is no sticker label to identify it, then it should be considered part of the recall. In addition, Meijer may have used cantaloupe ingredients that originated from Eagle Produce, LLC in the store made products. The following packaged products are in clear plastic containers under the Meijer brand label include:

    9450 – Gas Station Mixed Melon Chunk Cup
    9505 – Gas Station Mixed Fruit Cup 
    9644 –  Gas Station Cantaloupe  6 oz
    21921000000 – Fruit Frenzy Bowl 40 oz
    21921400000 – Fruit Tray 
    21924800000 – Fruit Tray with Dip
    21932300000 – Cantaloupe Chunks Large PLU 4960
    21933400000 – Mixed Melon Chunks Large Bowl
    21933700000 – Mixed Melon Chunks Small Bowl
    21960100000 – Fruit Frenzy 16 oz Bowl PLU
    21971100000 – Strawberry/Pineapple Cup 6 oz
    21971200000 – Mixed Fruit Cup 6 oz
    21971700000 – Berry Explosion Cup 6 oz
    21971800000 – Mixed Melon Chunk Cup 6 oz
    21984400000 – Mixed Melon Cup 
    22012400000 – Mixed Fruit Cup
    22019600000 – Cantaloupe Chunks Small Bowl
    22020000000 – Fruit Frenzy 32 oz Bowl PLU 1
    22021900000 – Cantaloupe and Honeydew Slices
    22022000000 – Mixed Melon Slices
    22045000000 – Fruit Palooza
    22045200000 – Melons & Berries
    22045300000 – Triple Treat & Melon
    22061600000 – Cantaloupe Chunks Large Kosher
    22061700000 – Cantaloupe Chunks Large Kosher
    28873400000 – Fruit Salad

     Consumers who have purchased this product should throw it away or return the product to the nearest Meijer store for a full refund. Consumers with questions regarding this recall should contact Meijer at 800-543-3704, available 24 hours a day, seven days a week. Consumers with questions or concerns about their health should contact their physician.

  •  

  •  Ashtel Studios is recalling all lots of licensed hand sanitizer packaged in 0.84 oz pouches because these containers resemble food and drink pouches labeled with children’s characters. This recall does not affect any other hand sanitizer products from Ashtel Studios.

    Ashtel Studios has received no reports of adverse reactions.

    For product photos and lot numbers about the products being recalled, click the red “Read Recall” button below.

    Ingesting hand sanitizer, which is intended for topical use, could potentially result in alcohol toxicity. Symptoms of alcohol toxicity may range from lack of coordination, slowed or slurred speech, drowsiness to coma, which can be fatal. Furthermore, ingesting alcohol can affect the brain and cause impaired driving or operating heavy machinery.

    Alcohol can also interact with numerous drugs which may result in serious adverse effects. Ingesting alcohol by people with alcohol addiction may interfere with maintaining abstinence. Additionally, people with alcohol addiction may seek large amounts of ethanol-based hand sanitizers as a substitute. Ashtel Studios has received no reports of adverse reactions

    BACKGROUND: The product is intended to be applied topically to help reduce bacteria on the skin that could cause diseases when soap and water are not available and is packaged in 0.84 oz. pouches.

    RECOMMENDATION: FDA reminds consumers to wash their hands often with soap and water for at least 20 seconds, especially:

    • After going to the bathroom
    • Before eating
    • After coughing, sneezing, or blowing one’s nose

  • Seneca Snack Company, a Washington Corporation, is announcing a voluntary recall of Seneca Cinnamon Apple Chips and Clancy’s Cinnamon Apple Chips due to possible Salmonella contamination.

    Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea, nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting in the bloodstream and producing more severe illnesses such as arterial infections, endocarditis and arthritis.

    This recall is only for specific cinnamon flavor lot codes, no other flavor apple chips are affected. This only affects Clancy’s product sold by ALDI and Seneca products sold nationwide through Amazon and Gemline, no other retailers are affected.

    Seneca is not aware of any reports of consumer illness related to this product.

    Seneca was notified by an ingredient supplier that it shipped one lot of ingredients containing cinnamon that has the potential to be contaminated with Salmonella. In response to that notification; Seneca is now retrieving Cinnamon Apple Chips from its distribution system.

    The recall extends to the following labels and package sizes ONLY:

    Seneca Cinnamon Apple Chips 0.7 ounce Package
    UPC: 0 18195-70140 4
    -Individual Package Codes:
    26JUN2021

    Seneca Cinnamon Apple Chips 2.5 ounce Package
    UPC: 0 18195-70100 8
    -Individual Package Codes:
    28JUN2021

    Clancy’s Cinnamon Apple Chips 2.5 ounce Package
    -Individual Package Codes:
    26JUN2021
    27JUN2021

    Consumers with this product should return it for a full refund to the retail outlet where it was purchased. Consumers who want more information may call Seneca Foods Consumer Affairs at 1-800-872-1110.

     

  • Marksans Pharma Limited, India is voluntarily expanding its earlier initiated recall on June 05, 2020 to include an additional 76 unexpired lots of Metformin Hydrochloride Extended-Release Tablets, USP 500mg, & 750mg to the consumer level. Marksans performed N-Nitrosodimethylamine (NDMA) testing of unexpired identified marketed lots and observed that NDMA content in some lots is exceeding the acceptable Daily Intake Limit (ADI) of 96ng/day, therefore, out of an abundance of caution, an additional 76 lots are being recalled.

    Risk Statement: NDMA is classified as a probable human carcinogen (a substance that could cause cancer) based on results from laboratory tests. NDMA is a known environmental contaminant found in water and foods, including meats, dairy products and vegetables. Marksans Pharma Limited has not received any reports of adverse events that have been related to this recall.

  • Becton Dickinson CareFusion 303, Inc. Recalls Alaris™ System Pump Module and Pump Module Door Assembly Replacement Kits Due to the Potential for Stuck or Unresponsive Keys 
  • BD Alaris Pump Module and Pump Module Door Assembly Replacement Kits
  • Affected Models:
    • Model 8100 (Pump Module)
    • Pump Module Door Assembly Replacement Kits, Part Numbers:
      • 49000346
      • 49000239
      • 49000438
      • 49000439
  • Manufacturing Dates: December 1, 2016 to January 23, 2019
  • Distribution Dates: December 1, 2016 to January 23, 2019
  • Devices Recalled in the U.S.: 264,746
  • Date Initiated by Firm: August 4, 2020

Device Use

The Alaris System is an infusion pump and vital signs monitoring system.

The infusion pump module delivers fluids, medications, blood and blood products into a patient’s body in controlled amounts. The fluids are provided through an infusion tubing set into a patient’s vein or through other cleared routes of administration. The system is used in hospitals and other health care facilities.

BD Alaris Pump Module and Pump Module Door Assembly Replacement Kits

Reason for Recall 

BD/CareFusion 303 is recalling the BD Alaris Pump Module and Pump Module Door Assembly Replacement Kits because the keypad may have one or more keys that become unresponsive or stuck. This may lead to an infusion delay or prevent clinicians from changing fluid or medication infusions on the affected devices. 

High-risk patient populations who are receiving life-sustaining infusions are at the greatest risk of harm. For these patients, delays or interruption of infusion can cause serious injury or death.

BD has received  976 complaints about this device issue. There have been no reported injuries or deaths.

Who May be Affected

  • Health care providers using the BD Alaris System 
  • Patients who  receive fluids or medications delivered by the BD Alaris System 

What to Do

On August 4, 2020, BD/CareFusion 303, Inc. sent an Urgent Medical Device Recall notice to all affected customers and provided the following instructions:

Actions for Health Care Providers

If the if the pump module keypad becomes unresponsive or stuck, remove the pump from service and send it to your facility’s biomedical engineering staff. If a critical medication is being administered, continue the infusion until it is safe to replace the pump module. In an urgent situation,  close the roller clamp on the IV administration set to stop an infusion.

BD and CareFusion sent letters with additional instructions for customers. These are linked in the resources section below.

Contact Information

Recall related questions
BD Recall Support Center
Phone: 888-562-6018

  • Country Fresh

Country Fresh is initiating a voluntary recall of a limited quantity of watermelon chunks from select stores as a precautionary measure due to possible health risk from Listeria monocytogenes detected on equipment used in packing this product. FDA made these findings during a recent inspection.

Listeria monocytogenes is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The recall affects product codes of watermelon items shipped directly to Walmart and RaceTrac’s retail distribution centers stores in select stores located in Arkansas, Missouri, Illinois, Oklahoma, and Texas. The product was packaged in a variety of clam shell containers (see photos). The best-if-used by dates of October 2, 3, and 4, 2020 and the SKUs are as follows:

Walmart – Freshness Guaranteed
Watermelon 4 x 10 oz – UPC Code: 681131180672
Watermelon 2 x 32 oz – UPC Code: 681131180672 Watermelon Chunks 2 x 42 oz – UPC Code: 681131180658 Watermelon Spears 4 x 16 oz – UPC Code: 681131180665 Summer Blend FTC 4 x 5 oz – UPC Code: 681131355094

RaceTrac
Watermelon 5.5oz – UPC Code: 74641000644 Melon Trio 5.5oz – UPC Code: 74641031945

Country Fresh has not received any reports of illnesses to date associated with these recalled items. The recalled products were distributed from 9/23/2020 – 9/25/2020. RaceTrac and Walmart retail stores are removing the recalled product from store shelves and inventories immediately. Customers with recalled watermelon should discard it immediately and not consume it.

This recall is being undertaken with the knowledge of the U.S. Food and Drug Administration.

Country Fresh takes food safety matters very seriously, stringently follows all mandated regulations and implements preventive measures designed to minimize potential risks. Country Fresh is working in close coordination with FDA in its continuing investigation to resolve the matter promptly and deeply regrets the inconvenience to our consumers and customers. If you have any questions, please contact Customer Service at: 1-877-251-8300 Monday – Friday, 8-5pm CST

Watermelon 32oz, Lot URR0103, Use By 10/2/20
Watermelon 32oz, Lot URE0103, Use By 10/3/20
Watermelon 42oz, Lot URR0103, Use By 10/2/20
Watermelon 42oz, Lot URE0103, Use By 10/3/20
Watermelon 16oz, Lot URR0103, Use By 10/2/20
Watermelon 16oz, Lot URS0103, Use By 10/4/20
Watermelon 10oz, Lot URR0103, Use By 10/2/20
Watermelon 10oz, Lot URE0103, Use By 10/3/20
Watermelon 10oz, Lot URS0103, Use By 10/4/2
Watermelon 5.5oz, Lot URE0103, Use By 10/4/20
Summer Blend 5oz, Lot URR0103, Use By 10/2/20
Summer Blend 5oz, Lot URE0103, Use By 10/3/20
Summer Blend 5oz, Lot URS0103, Use By 10/4/20
Melon Trio 5.5oz, Lot URE0103, Use By 10/4/20

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