Cadbury left to chew on £1m salmonella fine

Prosecutions and Claims |
15.09.2007

Cadbury, the world's largest confectionery maker, has been handed a £1 million fine for hygiene offences that led to an outbreak of salmonella.

The firm was forced to recall more than a million chocolate bars in June last year after the Food Standards Agency linked the outbreak of a rare strain of salmonella with contaminated Cadbury chocolate. At least 42 people fell ill, three of whom needed hospital treatment.

The outbreak was traced back to a leaking water pipe at Cadbury's factory in Marlbrook, Herefordshire. The firm had failed to notify authorities about the contamination at the factory.

Cadbury pleaded guilty to a total of nine charges: three brought by Birmingham City Council (which enforces safety at the company's Bournville plant) under the General Food Regulations 2004 and the Food Hygiene Regulations 2006; and six by Herefordshire Council, which prosecuted the company separately for breaches at the Marlbrook factory.

On 16 July at Birmingham Crown Court, recorder James Guthrie QC fined Cadbury £500,000 for putting unsafe chocolate on sale; £100,000 for failing to inform the authorities there was salmonella in the chocolate; and £100,000 for hygiene control failures. He also fined the firm £50,000 for each of the six offences at the Marlbrook factory, and ordered it to pay a total of £152,000 in costs.

The judge said the outbreak, which came after Cadbury changed its quality-testing systems, was the result of "a serious case of negligence". In 2003, the company replaced its zero-tolerance policy on salmonella with an "allowable tolerance" level for the bacteria.

A Cadbury spokesperson offered "sincere regrets and apologies" for the outbreak and said the company had spent £20 million changing procedures to prevent a recurrence.