It’s a one-two punch that Chipotle’s crisis communications team just didn’t need.
On Monday, company spokesman Chris Arnold said five new cases of E.coli have surfaced in the Midwest. Each of the five people afflicted had consumed food from the Mexican restaurant chain, which has been dealing with an E.coli outbreak in nine states since the fall.
The U.S. Centers for Disease Control and Prevention is investigating this latest outbreak in Kansas, Oklahoma and North Dakota.
In a new press statement, Arnold used a classic PR move by gently transitioning to something positive:
We have indicated before that we expected that we may see additional cases stemming from this, and CDC is now reporting some additional cases. Since this issue began, we have completed a comprehensive reassessment of our food safety programs with an eye to finding best practices for each of the ingredients we use. We are now in the process of implementing those programs, including high resolution testing of ingredients, end of shelf-life testing of ingredients, continuous improvement in the supply system based on testing data, and enhanced food safety training for all of our restaurant teams. With all of these programs in place, we are confident that we can achieve a level of food safety risk that is near zero.
The second blow
“We can’t comment on pending litigation.”
That standard response from organizations named as defendants in lawsuits can be frustrating for communicators and journalists alike.
Pending litigation can languish for years, yet executives seek counsel from crisis communicators and PR teams as they await resolution.
Last Thursday, the mother of 16-year-old Alexander Keough—who was sickened by the gastrointestinal bacteria—filed suit in Massachusetts against the restaurant chain. The suit contends that Chipotle’s negligence caused the teen to “suffer severe personal injuries, great pain of body and mind, to incur hospital and medical expenses, to have his education and recreational activities interrupted, and to have his ability to enjoy a normal, active, and healthy live adversely affected.”
Arnold issued this statement to the press: “As a matter of policy, we don’t comment on pending legal action. But I will note in incidents like this, we make it a priority to work with customers who have been impacted to resolve these issues.”
The problem with message incongruence
Arnold has been proactive on social media these past few months, but his @Chipotlemedia account has been quiet for six days. The brand’s other Twitter account, @ChipotleTweets, has seen heightened activity since the fall when food contaminated with E. coli was first identified in Chipotle restaurants in nine states.
Though there’s daily activity on the main Chipotle Twitter account, the company website seems incongruent. These screenshots were both taken Monday:
Meanwhile, MSN.com reports that the attorney representing Keough has been in touch with students at Boston College who became sick after dining at the Mexican grill. Bill Marler said another round of lawsuits is expected once students return from winter break.
Moving the needle on flu shots?
In another East Coast courthouse, two people filed lawsuits on Monday after they were fired from their administrative jobs for refusing to get flu shots.
Their former employer, Lutheran Social Ministries, is a nonprofit that offers nursing home care. The agency treats elderly people, who are susceptible to complications if they contract influenza.
The two didn’t have regular contact with patients, according to news reports. However, they shared a building with many workers who did have such contact.
Can an employer mandate flu vaccinations for everyone?
University of Pennsylvania infectious disease specialist Neil Fishman said uniform rules are standard in the workplace. He said it’s difficult to set policy and implement it differently case by case across an organization.
According to NJ.com, mandates for vaccinations or the wearing of nose and mouth masks have become increasingly common in hospitals. That’s due in part to the Affordable Care Act of 2010, which ties in Medicare funding to employee vaccination rates.
When the story of the firings broke last month, Lutheran Social Ministries’ president Colleen Frankenfield told reporters that wearing masks could prevent cross-contamination between staffers and patients.
After the lawsuit was filed Monday, Frankenfield’s reaction was as might be expected: No comment on pending litigation.
Though many online comments and messages say the lawsuits against both Chipotle and Lutheran Social Ministries are frivolous, each situation requires the time and attention of PR pros. After all, in the world of professional communications, “no comment” doesn’t equate to no work.
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