Maple Leafs Foods living Corporate Nightmare

as published in the Moncton Times and Transcript August 29, 2008


At the time I am writing this 15 deaths have been attributed to a strain of bacteria called listeria that has been traced to meat products from a Maple Leaf Foods plant in the Toronto area. Dozens others are sick. I mention this because by the time this shows up in print the fatality and illness count could well have increased. For those who have lost loved ones, it’s as tragic as it gets.

For someone like me who works in the field of crisis communications though, my attention is drawn to how the company is handling what amounts to any company’s worst public relations nightmare. Watching this unfold is a fascinating case study in crisis communications.

What is rare, and decidedly refreshing, is the unconditional apology and unequivocal responsibility Maple Leaf Foods has offered and assumed through company president Michael McCain. While almost any other CEO facing this situation would be doing and saying everything possible to avoid responsibility in this kind of circumstance, McCain isn’t even allowing any wiggle room. There’s no weasel words about no solid proof the plant was totally to blame, no trying to shift responsibility to federal food inspectors or suppliers or anyone else, and no hiding behind the need for a full investigation before commenting. Rather, a sincere apology and a frank admission it is Maple Leaf’s responsibility. To quote “This week, it’s our best efforts that failed, not the regulators or the Canadian food safety system. I emphasize this is our accountability and it’s ours to fix, which we are taking on fully.”

I expect this position is driving Maple Leaf lawyers crazy. Usually in crisis situations, it is the lawyers who talk the CEO out of apologizing, or taking any measure of responsibility. The reason is that they feel such an admission will hurt them later in court. I’m no lawyer, but I do know crisis communications, and there are a growing number of case studies that show that such actions do not lead to more lawsuits or larger payouts. They will be sued anyway. In fact in this case there are, as of this writing, no fewer than four legal firms who have already contacted victims and have announced intentions to proceed with class action suits.

Will the fact McCain has stepped up to say he’s sorry and assume responsibility cost them financially? It will be years before we know the answer to that, but in crisis communications, there is an amazing link that shows that the morally right thing to do is inevitably the right thing to do for the company.

Consider that McCain instead had refused to comment, or his statements were legally coached “safe” comments. Even if this meant a legal victory in the courts of law, the price Maple Leaf would pay in court of public opinion would be too high. But far too often, this is a mistake companies in crisis make.

There are notable exceptions though. When a Swiss Air plane crashed off Peggy’s Cove a few years ago, the CEO defied company lawyer’s advice and immediately provided money to families to travel to Nova Scotia. He did it because it was the right thing to do. Did it hurt them? Legally, who’s to say, but from a public relations point of view it positioned the company as caring and responsible. In crisis communications, there is nothing more important. And that is exactly the way McCain is positioning Maple Leaf Foods in the current situation.

These days these public relations battles are fought out as much on the Internet as they are in the conventional media. That’s where much of the public register what they think, on various blogs, on everything from Facebook to You-tube. It has become the battleground where companies in crisis situations can make it or break it. For Maple Leaf Foods, it has become one of the fronts where they are fighting for their survival. I have been monitoring some of these on-line forums and what strikes me is the kudos the company is receiving for the way it is handling this. Words like “surprising” and “refreshing” come up repeatedly. It appears the vast majority of people see the company’s response as sincere and responsible, and most add that Maple Leaf Foods is a good company, well managed, and some add that once this is over they will go back to purchasing its products.

It’s fair to speculate that if the company response was less than what it has been, the blogs, and by extension the reaction of the Canadian public, wouldn’t be nearly as positive.

Maple Leaf Foods stock is tumbling, the lawyers for claimants are circling with class action suits that promise to keep them in the courts for years, their plant in question is closed, the direct costs from the recall, the PR effort, lawyers and regaining public confidence will easily go into the tens of millions of dollars, and we don’t even know yet how much worse this will get as far as illnesses and fatalities are concerned. But the company has no choice. It is fighting for its very survival.

So will the company survive given that one of its products is linked to the deaths of at least 15 consumers? For a food company this is about as bad as it gets and while I have no crystal ball, my best guess is yes they will. And a big part of the reason will be the way Michael McCain has stepped up with a timely, sincere apology and a no nonsense assumption of responsibility.

The way Johnson & Johnson handled the Tylenol crisis of 1982 has been hailed as the definitive example of good crisis communications. It’s in all the crisis textbooks. Truth be known, J&J has perhaps benefitted more from clever post-crisis PR than from the way in which they actually handled the crisis, but regardless, it’s the standing example. It’s way too early to say how history will look back on the Maple Leaf Foods crisis, but I dare say that Michael McCain has raised the bar.
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Duncan Matheson is president of Bissett Matheson Communications, a Fredericton, Saint John and Moncton based firm that specializes in crisis communications.

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