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February 26, 2007

Florida man seeks class action in suit against peanut butter make

A father who says he and his son became violently ill after eating tainted Peter Pan peanut butter filed suit in Miami on Wednesday against the manufacturers and Publix, which sold him the product. Lazaro Aleman, of Cutler Bay, Fla., said the jar of peanut butter he bought was part of a batch of Peter Pan and Great Value brand peanut butter made by Nebraska-based ConAgra Foods at a Sylvester, Ga. plant. Last week, ConAgra voluntarily recalled those jars, with product code 2111 on the lid, after federal officials linked the peanut butter to a salmonella outbreak that sickened almost 300 people. Salmonella is a bacterial infection that causes fever, diarrhea and abdominal cramps. The lawsuit filed in Miami-Dade Circuit Court is at least the fourth since the recall. Aleman's attorney, John H. Ruiz, said he will ask a judge to grant class action status to include people who bought and ate the peanut butter, whether they became sick or not. Ruiz said more than 100 people from around the state, including Broward and Palm Beach counties have contacted him and might become part of the suit.

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