Waffle factory leaked toxic gas into CA neighborhood, officials say. Now Eggo must pay

The Eggo Company must pay an $85,000 fine for a toxic gas leak from one of its waffle factories in San Jose, California, last year, according to prosecutors.

A subcontractor on a scissor lift damaged a pipe that began releasing anhydrous ammonia, a gas that can cause serious injury or death if inhaled, into the surrounding neighborhood on Jan. 22, 2021, according to a Dec. 9 news release from the Santa Clara District Attorney’s Office.

Managers at the facility did not call 911 until more than an hour after the pipe was damaged, “mistakenly believing they had stopped the leak,” the release says.

Around 3,400 pounds of the gas leaked out into the surrounding neighborhood, forcing residents to shelter in place for several hours while officials worked to stop the leak, the release says. No injures were reported in connection with the leak, but prosecutors said the delay in notifying authorities “contributed to the emergency.”

“Public safety and the environment are threatened with every passing minute in these cases,” Santa Clara Deputy District Attorney Jason Bussey said in a statement. “When companies fail to immediately report a release, they face serious consequences.”

Kellogg’s, which owns the Eggo Company, said in a statement that it has been working to enhance its safety protocols.

“At Kellogg, the safety of our workers and the environment are top priorities,” Kellogg spokesperson Kris Bahner wrote. “Thankfully, no one was injured in last year’s ammonia incident. Since that time, we’ve made a number of significant enhancements to our processes and protocols to ensure we have the safest possible environment for our employees and neighbors.”

Eggo was convicted on multiple counts on Dec. 9, including “negligently discharging an air contaminant, failing to immediately report that release, providing inadequate training to its contractors, and failing to implement an adequate emergency action plan,” according to the Santa Clara District Attorney’s Office.

Anhydrous ammonia is often used as a refrigerant and is used by Eggo to freeze waffles at its factory, the office said. Exposure to the gas can lead to respiratory irritation, lung disease and other symptoms, according to the Centers for Disease Control. Exposure at high concentrations can cause death.

Eggo, which produces frozen waffles that can be made in the toaster, was founded by Frank Dorsa in San Jose in 1935, according to the company.

San Jose is about 50 miles southeast of San Francisco.

This story was originally published December 14, 2022 at 12:03 PM with the headline "Waffle factory leaked toxic gas into CA neighborhood, officials say. Now Eggo must pay."