RETAILERS PULL CANDY AFTER THREE U.S. DEATHS

BARBARA MURRAY

Food safety took a slightly different twist recently when three major retailers pulled a popular imported gel-type Asian candy from their shelves after it was blamed for the deaths of three children, two in California and one in Washington.

Removing the jelly cup candy, sold under several brand names, was a difficult call, according to an executive from Costco, Issaquah, Wash., which took it out of all of its stores worldwide on Aug. 15. Others were left debating food safety and wondering if it is going too far to remove a product implicated in the choking deaths of three people.

The Food and Drug Administration issued a consumer warning on Aug. 17, and two county health departments covering the communities where the children died put out warnings earlier. They said the conjac jelly used in the candy does not readily dissolve and is difficult or impossible to remove even when the Heimlich maneuver is performed. Some of the products carry warning labels on them, saying that it should not be eaten by children or the elderly. It comes in a small plastic cup with a peel-back lid, a little larger than a coffee creamer, and usually has a tiny cube of fruit surrounded by the gel.

Despite the warning, "this tragic incident emphasizes the need for greater public awareness," said Dr. Alonzo Plough, director of public health for Seattle and King County, Wash., in a July 26 alert.

"These tragic incidents underscore the need for greater public awareness," read the Santa Clara County alert, which will be distributed wherever the product is still sold. It urges parents to closely monitor the candy their children eat.

Daniel E. Lewis, of Wasserman, Comden & Casselman, Tarzana, Calif., is one of the trial attorneys representing the manufacturer -- Taiwan-based Sheng Hsiang Jen Foods Co. -- in the wrongful death case of Michelle Enrile, a 12-year-old from San Jose who died last month, about two years after she allegedly choked on one of the jelly-fruit cups and lapsed into a coma. He directed SN to a press release posted on the Web site of New Choice Foods, Irwindale, Calif., from Sheng Hsiang Jen Foods, maker of Mini Fruity Gel candies and other foods.

"Our company has manufactured and sold over 3 billion mini-fruity gels worldwide. The claim by Michelle's attorneys is the only choking incident of which we are aware that allegedly involved our product," said the release, dated Aug. 8. It says it is not clear whether the girl was eating that product. "It is clear, however, that she had some object or substance in her mouth as she ran around the house while being chased by her sister. Any food product could cause a person to choke under these circumstances. Whether it was a mini-fruity gel, a piece of meat, a hot dog, or any hard candy, the result could have been the same."

Lewis had no comment beyond that, telling SN it would be best if the facts came out in court.

Craig Wilson, assistant vice president of food safety for Costco, told SN, "The shape of this item and the fact that enough folks said it doesn't dissolve well, combined with the deaths, prompted us to say we really don't know what's going on with this item, but until we do, we need to get it out of commerce." It was pulled from all Costco stores in the United States, the United Kingdom, Asia and Mexico on Aug. 15, he added. "We didn't think a regional pull was appropriate. If we take it out of one building, we take it out of all."

Safeway, Pleasanton, Calif., pulled the candy from only its northern California stores, because those 200 stores were the only ones carrying the item, according to Brian Dowling, a spokesman for the chain.

Albertson's also removed the candy, first from its northern California stores, then from all of them a day later.

The fact that the product carried such warning labels disturbed a spokeswoman for the Grocery Manufacturers of America, Washington, D.C. "Should there be a product out there marketed toward children that needs to have warning labels on it?" wondered Lisa Allen of the GMA. "Is this choking a fluke, or is it an inherently unsafe product?

"I can speak for our members, who obviously make brand-name products, with a lot of consumer trust instilled into their brands. They do a lot to make sure that the products they put out in the marketplace are safe.

"This one does seem a little suspect with more than a few incidents. Perhaps the manufacturer really needed to do some testing on the safety of it, before it was put out in a widespread way," she said.

Costco's Wilson said since the club store began carrying the item, "we haven't had one incident regarding that product."

Costco sold several different varieties of the candies, the main ones distributed by New Choice Food. "I think the shape of them needs to be improved," he said. "If they can cope with the choking hazard from an engineering standpoint, I would think they could come up with something pretty neat.

"I honestly don't know if this is blown out of proportion or not. We are pretty aggressive on the food-safety side here at Costco. Who is to determine if a consumer misuses a product? Do they cook the ground beef properly? Do they run around while eating a candy, and did that contribute to the choking?"

He said pulling the product out of fear of being part of the lawsuit liability chain "is not an issue for us at all. If a kid could die from something that has been declared a major choking hazard, even though they [the FDA] didn't recall it, that's a retailer's worst nightmare. But, you also have the issue of consumer misuse. Quite frankly, it is a difficult decision.

"If there is a warning label on it, should we be selling it?" wondered Wilson.

The brands of gel candies removed from Albertson's were Fruit Poppers and Gel-ly Drop candies. Most of the candies removed from Safeway stores came under the Jelly Yum brand name.