Top Ten Food Safety Challenges of 2009

Bill Marler, food safety advocate and managing partner of foodborne illness law firm Marler Clark, asked the food safety community to weigh in on the most pressing food safety challenges for the coming year.  As with the “Top Ten Food Safety Stories of 2008”, there was no shortage of contenders.

1. Globalization: More international recalls and outbreaks due to expanding globalalization of the food supply and the challenges of oversight/infrastructure in developing countries.  International challenges probably deserve a list of their own, but in the mean time, this wide umbrella includes the possibility of bioterrorism and/or “economic/chemical terrorism” (intentional adulterations with a profit motive, like melamine).

2. Local Food: Outbreaks linked to local food and/or farmer’s markets.  Community Supported Agriculture (CSA) groups and food co-ops need to demonstrate knowledge and practice of food safety, and be inspected.  In addition to produce and meats/fish, prepared items are currently unsupervised.

3. Non-O157 STEC (Shiga Toxic producing E. coli) illnesses and outbreaks (both beef and produce): E. coli O157:H7 is listed as an adulterant, is tested for, and is still a terrible problem.  E. coli strains that are non-O157 (but are equally as deadly) have not been evaluated or listed, and are not regularly tested for.

4. Animal to Human contamination: More contamination events involving the whole food chain (from animal feed to animals to humans).  Whether it’s dioxin in Irish hogs or melamine in Chinese egg-laying hens, it’s clear that what goes into animals eventually goes into us.  As the market for animals-as-food grows, so does the price to feed those animals and then the impetus to cut corners.

5. Having to do more with less: Public funding for food safety research, surveillance, and education is down, but the work load (and its importance) continues to grow.

6. 21st Century communication: In addition to improving communication between each other, food safety agencies need to improve communication with consumers.  Outbreaks will move through the population with increasing speed, and agencies need to streamline their processes (and embrace social media like twitter and Facebook) in order to keep up.

7. Balancing food protection and environmental health: How to balance on-farm food safety practices with the protection of water quality, the prevention of soil erosion & dust, and the protection of wildlife and their habitats.

8. Zoonotic diseases: The rise of grain prices and starvation in other parts of the world will have many consequences, including the possibility that as people hunt wild animals for food, they may become exposed to new diseases, triggering a zoonotic virus jumping into humans.  (A zoonotic virus is one that originates in animals and crosses to humans, like avian influenza.)

9. Consumers and food safety: How do consumers sort through the cacophony of information on food?  What’s “safe”?  What does “organic” really mean?  How it that “USDA inspected and passed” is doesn’t guarantee pathogen-free meat?  Who does the consumer believe/trust?  Included in this category are the raw milk controversy, food irradiation, and even the new labeling laws like COOL (Country Of Origin Label).  Will we get closer to farm-to-fork tracking of all fruits and vegetables this year?

10. Pet food ills: Pet food testing is increasing, so the level of contamination will become more apparent, and we should expect more recalls.  Supervision of the pet food industry as a whole needs improvement, with clarity in ingredients and calorie counts.

“Food Safety is a vital part of the overall health of our country and our economy,” said Marler from his office in Seattle.  “The new Obama administration will be facing enormous challenges, and food safety is certainly one of them.”

Bill Marler’s top Ten Food Safety Stories of 2008

Food safety advocate and attorney Bill Marler (of Seattle foodborne illness powerhouse Marler Clark) polled his wide range of contacts in the food safety community, and assembled a list of the top ten food safety stories of 2008.  Comments can be read (and made) at http://www.marlerblog.com.

1. Melamine in Chinese food products – where to start?  With the kids, of course.  We first heard about melamine in Chinese infant formula, resulting in heartbreaking numbers: 294,000 children sickened, hundreds hospitalized, and at least six infants who lost their lives.  The crisis widened as melamine was found in candy, coffee, tea, and numerous other Chinese products, sparking recalls, bans, and now the US testing for melamine in our own products.  It’s pervasive, it’s global, and it’s going to be in our food supply for a long time to come.  In fact, the WHO has just announced first-ever “safe” levels of melamine consumption.

2. Salmonella Saintpaul in tomatoes—wait—peppers.  A final count of 1,442 ill in 43 states, D.C., and Canada, and those are the confirmed illnesses.  Using CDC math - which estimates that for every documented case of Salmonella in the US, another 38.5 go unreported - the total number sickened was probably closer to 50,000.  In an outbreak that stretched for months without a smoking tomato, Americans got an inkling of what can go wrong in a global, mass-distributed food economy.  The upside is that now there’s a lot of talk about increasing traceability.

3. E. coli – In addition to the continued rise of E. coli O157:H7 contamination in meat and other products like leafy greens and raw dairy, 2008 saw non-O157 E. coli burst onto the scene in an Oklahoma outbreak that sickened over 300 and caused the death of one.  Non-O157 STECs (Shiga-toxin producing E. coli) have been documented and talked about; there have been high-level meetings by food protection agencies to address the issue.  But here’s the bottom line: only O157:H7 is listed as an adulterant in meat.  Non-O157:H7 STEC’s are not listed yet and not tested for, but still are making people very, very sick.

4. Raw Milk - The food story that has pitted health advocates against health advocates in a debate that sometimes reached the level of a screaming-match.  On one side, those who insist that raw milk has numerous healthful benefits destroyed by pasteurization, and on the other side, those who counter (me included) that the bacteria in raw milk can cause terrible illnesses, mostly in kids, (bacteria which is —you guessed it—killed by the pasteurization process), and believe the risk to the public outweighs the rights of consumption.  The issue came to a head in California State Bill 201, which sought to set coliform (basically, bacteria) limits in raw milk production, among other things.  Even though the bill hoped to address the issues of both camps, the protectors believed it would actually worsen the regulation problem.  Both groups lobbied hard.  There were movie stars.  Sick kids.  The bill passed the legislature, but was vetoed by Governor Schwarzenegger.

5. Listeria in Maple Leaf Deli Meats - Twenty Canadians died and hundreds, perhaps thousands, were sickened by an outbreak of Listeria in deli meats and soft cheeses.  Most of the deaths were immunocompromised individuals: elderly, young, sick, or pregnant.  The story has raised much awareness not only about Canada’s food safety vulnerabilities, but also the importance of more warnings on product labels and menus, as well as a heads up to the general public.

6. Frozen, uncooked entrees resulting in illness - again.  We found out that we’re a microwave culture, and habits are hard to break.  Consumers were infected with Salmonella after consuming entrees that contained raw chicken products and were NOT supposed to be cooked in the microwave.  But they look just like microwave entrees, and just about everything else is microwavable, so confusion is understandable.  Will it be WARNINGS WRIT LARGE or just doing away with problem products?

7. Irradiation of fresh iceberg and raw spinach was approved by the FDA.  Consumer confidence in the safety of raw leafy greens has been shaken by spinach and lettuce-borne outbreaks and existing sanitizing technology is clearly not enough.  Although irradiation is no replacement for good agricultural practices, it appears to be a good addition to the food-safety tool kit.  There has been a great deal of debate about the safety of the products once irradiated, a discussion that has as much to do with personal choice as it does scientific research.  Clear labeling will allow consumers to make their own decisions.

8. Multistate Outbreak of Human Salmonella Infections Caused by Contaminated Dry Dog Food.  Well, it actually happened in 2006 and 2007 but was reported in 2008.  The CDC, state health officials and the FDA investigated this prolonged, multistate outbreak of Salmonella enterica serotype Schwarzengrund infections.  The source was identified as dry dog food produced at a manufacturing plant in Pennsylvania.  Hundreds of humans and presumably a few dogs became ill.  Bottom line: after handling pet food, pet owners should wash their hands immediately, and infants should be kept away from pet feeding areas. 

9. Westland/Hallmark recall due to downer cows – This is on the list, in the last position, because many believed it was a food safety story, even though it technically wasn’t.  An undercover video made by the Humane Society revealed that Chino-based Westland/Hallmark were slaughtering and selling the meat from “downer cows” - animals too sick to walk to slaughter.  This is an absolute no-no, as cow sickness can mean bad meat.  Because of the video and the resulting bru-ha-ha, 143 million pounds of beef was recalled – the largest meat recall in American history.  Why is this not really a food safety story? Because no contaminated meat or illnesses were documented.  But shining a spotlight on poor practice led to better practice, and that should lead to safer food.

10. There are still 13 days left in the year, so this one has been blank in the likely chance something will come up.  If not, it will mean a happier holiday season for the American consumer as well as for those in the food safety community.  Hats off to those who work hard year-round to keep the American food supply as safe as possible—here’s wishing you a quiet (and safe) season.

E. coli O157:H7 - R & S Meats

Marler Clark filed two lawsuits on behalf of children sickened by E. coli-tainted hamburgers at a July 3 barbeque in Huntington, NY.  One child’s family had traveled from their home in North Carolina to attend the family gathering, and the other family was from the Huntington, NY area.  Hamburger meat for the barbeque had been purchased from R & S Meats, Inc.  Both children became ill within days of the barbeque, and both were hospitalized.  One child developed HUS (Hemolytic Uremic Syndrome) and required both dialysis and blood transfusions. 

Lawsuits were filed in December, 2008.

E. coli Lawsuits Filed Against R & S Meats

Two separate lawsuits were filed against R & S Meats, Inc. in New York State today: one in Brooklyn, at the U. S. District Court, Eastern District, and the second in Riverhead, at the New York State Supreme Court.  The lawsuits were filed on behalf of children infected with E. coli O157:H7 after consuming meat from the Huntington, NY business.  The families are represented by Marler Clark, a Seattle food borne illness law firm, and by Paul Nunes of the Rochester, New York firm Underberg & Kessler. 

In July 2008, the Dalbo family traveled from North Carolina and attended a July 3 event at the Bay Club in Huntington, NY.  Event organizers had purchased hamburger patties from R & S Meats, which were later consumed by the Dablo’s young daughter.  The child began to feel ill on July 6.  The family returned home to North Carolina, and on July 8, the child was rushed to the hospital with fever, cramps, and frequent, violent bouts of bloody diarrhea.  A stool culture revealed that she was infected with E. coli O157:H7.

The child’s health continued to deteriorate.  She developed HUS (Hemolytic Uremic Syndrome), total kidney failure, hemolytic anemia, and thrombocytophenia (a dangerously low blood platelet level).  She received multiple blood transfusions and had to be fed through a tube.  As the illness developed, she was moved to Duke University Medical Center for dialysis. 

She was discharged from the hospital after more than a month, but continued to struggle with the illness.  It took months for her body to regain its natural functions.  She has sustained permanent damage from the infection, and will require many years of follow-up care.

“What this child—and family—went through is almost indescribable,” said attorney William Marler.  “Even under high-level medical care, E. coli ravages the body, especially in children.  There are interventions that help deal with the cascading illnesses, but there is no pill or treatment to make it better.  The only real cure is to rid our food supply of this highly toxic pathogen.”

The Purcell family of Huntington, NY also attended the July 3 barbecue at the Bay Club.  One of their children consumed hamburgers at the function, and fell ill several days later with gastric distress, abdominal cramps, and bloody diarrhea.  After being collected from summer camp, she was admitted to the hospital and found to be infected with E. coli O157:H7.  She was treated for several days, and continues to recover from her illness.

E. coli is often contracted by consuming food or beverage which has been contaminated by animal (especially cattle) manure.  Over the past year and a half, over 40 million pounds of beef and beef products have been recalled due to contamination with E. coli O157:H7. 

Super Lawyers CLE

Bill Marler will present to the Super Lawyers CLE in Seattle.

ACI Food-borne Illness and Contamination Litigation

Bill Marler will travel to Phoenix to present to the ACI Food Borne Illness & Contamination Litigation Conference.  His topic will be ”New Risks, Trends, and Lessons Learned from Recent Outbreaks and Litigation”.

Campbell’s Soup -Albertson’s Botulism

A can of Swanson’s seasoned chicken broth purchased at an Albertson’s grocery store in Sparks, NV and added to a holiday meal put a Reno couple in the hospital.  The roasted garlic seasoned chicken broth was added to mashed potatoes as described on the can’s packaging.  After consuming the potatoes, both began to experience muscle weakness and trouble breathing, symptoms of botulism poisoning.  Both were hospitalized, diagnosed, and given anti-toxin.  Unable to breathe on their own, they were given tracheotomies and put on ventilators.  One of them went into respiratory arrest that lead to hypoxic brain injury.  The can of broth tested positive for botulism.  Marler Clark filed suit on their behalf in November, 2008.

• Couple Sues over Botulism

Ontario Food Protection Association Annual Meeting, 50th Anniversary

Dave Babcock will travel to Mississauga, Ontario, to present to the OFPA.  His topic will be “Is Due Diligence Enough?  Motivating Companies to Embrace Food Safety”

International Food Safety Seminar at University of Wisconsin School of Law

Denis Stearns travels to Madison, WI to present to the International Food Safety Seminar at University of Wisconsin School of Law. 

Michigan Envionmental Health Association

Dave Babcock travels to Flint, MI to present to the Michigan Environmental Health Association (MEHA).  He will be making two presentations.

North Dakota Environmental Health Association (NDEHA) Conference

Drew Falkenstein will present “Separating the wheat from the chaff; What Marler Clark does not do.” to the North Dakota Environmental Health Association in Bismarck, ND.  More information is available on the NDEHA website

Washington State the Latest Victim in Surge of E. coli Outbreaks

At least 14 E. coli illnesses are reported in Washington State, where officials are still working to find the source of the infections.  Ten are sick in Vermont, traced to contaminated beef, and an outbreak in Ontario, Canada has made at least 159 ill.  In September, an outbreak that sickened more than 45 people in Michigan, Illinois, and Canada was traced to contaminated lettuce.  Also in September, 17 illnesses in Colorado were traced to a restaurant, but no ingredient has yet been targeted as the culprit.  And this is the off-season.

“We usually see E. coli outbreaks spike in the summer,” said Seattle food borne illness attorney William Marler.  “A surge of outbreaks like this in the fall— in widely different areas and carried by different vehicles— is very unusual, and very alarming.

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  Data from the Centers for Disease Control show that over the last 12 years, twenty-two E. coli outbreaks have been traced specifically to leafy greens, including the spinach outbreak in 2006, which made more than 200 ill and caused four deaths.  E. coli outbreaks traced to beef—often but not always ground beef—have been on a sharp uptick since the spring of 2007.  In a little over a year and a half, more than 40 million pounds of contaminated beef has been recalled. 

“Twenty million tons of beef containing a pathogen that can cause serious illness and even death—that’s just a staggering figure.” continued Marler.  And it’s even worse when you put it up against the total recall number for 2006 – just over 180,000 pounds.  The next president is going to have some monumental tasks ahead of him when he takes office, and I can tell you that there are at least 14 people in Washington – 15 if you count me—who feel that food safety needs to be one of them.”

The first symptom of E. coli infection is the onset of abdominal pain and severe cramps, followed within 24 hours by bloody diarrhea.  This is hemorrhagic colitis, and it typically occurs within 2 to 5 days of ingestion of E. coli; however the incubation period—the time between the ingestion of E. coli bacteria and the onset of illness—may be as broad as 1 to 10 days. 

University of Michigan Student Files E. coli Lawsuit Against Aunt Mid’s Produce

Another E. coli lawsuit was filed today against Detroit-based Aunt Mid’s Produce in the aftermath of a lettuce-borne outbreak linked to the company.  The complaint was filed in the Washtenaw County Circuit Court on behalf of a University of Michigan senior sickened in the outbreak.  The plaintiff is represented by Marler Clark, a Seattle food borne illness law firm, and by Michael Heilmann of the Detroit-area firm Counard and Heilmann. 

In September 2008, at least 38 people were sickened in Michigan alone by the virulent E. coli strain O157:H7.  The ill included 4 University of Michigan students as well as 9 students at Michigan State University and inmates at Lenawee County Jail.  The investigation conducted by the Michigan Department of Agriculture (MDA) traced the outbreak to iceberg lettuce commercially distributed by Aunt Mid’s Produce.  Genetic fingerprinting matched the illnesses across the state, as well as to others sickened in Illinois and Canada.

The plaintiff consumed the contaminated lettuce in mid-September, and by September 19, she began to experience abdominal cramps, vomiting, and bloody diarrhea.  She sought treatment at the University of Michigan Health Service Clinic, and by the time she arrived there, her cramps were so intense she had trouble breathing.  Due to her severe dehydration, the clinic nurse was unable to administer IV fluids, so she was discharged and instructed to go immediately to the University of Michigan Hospital Emergency Room.  A stool sample was taken while she was at the clinic which later confirmed her E. coli O157:H7 infection. 

While at the UM Hospital Emergency room, the plaintiff continued to experience bouts of bloody diarrhea every 15 minutes, and was in extreme pain.  In triage, her vital signs were stable, so the hospital declined to admit her.  Her mother then drove the plaintiff to the Royal Oak hospital, where she continued to endure her symptoms for hours until she was admitted.  She remained hospitalized for 10 days, and during that time had to be fed by a PICC (peripherally inserted central catheter) in her chest, as she was unable to eat or drink.  Even though she was discharged on September 30, the PICC remained in place until October 6.  She continues to recover from her illness.

“This young woman endured a severe and excruciating illness, just because of something she ate,” said her attorney, William Marler.  “She was so worried about missing school that she returned to class while still being fed by the PICC.  We need to make sure she doesn’t worry about how to pay her medical bills.  We also need to work to prevent future outbreaks; Aunt Mid’s could help that process by revealing the source of their contaminated lettuce, but they continue to refuse to do so.”

Earlier this month, the two firms representing the plaintiff filed suit on behalf of another student sickened in the outbreak.

Ixtapa Mexican Restaurant E. coli outbreak WA State

At least 17 people have fallen ill with E. coli symptoms in Snohomish County, Washington.  Health officials have identified the Ixtapa Family Mexican Restaurant as the source of the outbreak; the restaurant has closed voluntarily as the investigation proceeds.  Health workers are now trying to identify the specific E. coli vehicle. 

The onset of illnesses ranged from October 7 - 17, 2008. 

On October 22, Marler Clark filed suit on behalf of a Snohomish County family whose minor child was sickened in the outbreak.

• Family files suit in Lake Stevens E. coli sickness
• Lawsuit filed in E. coli outbreak tied to Lake Stevens restaurant
• Lake Stevens restaurant may be E. coli source
• Snohomish County health officials investigating 14 unconfirmed E. coli cases

University of Southern California Regulatory Science Program

Denis Stearns will be in Los Angeles, presenting at the USC Regulatory Science Program.  His topic is “Food Law, Litigation and Class Action, Multi-District Litigations”

Vermont Recall Part of Dangerous Trend

The E. coli illnesses of ten Vermont residents have been traced tainted beef from the Vermont Livestock, Slaughter, and Processing Company in Ferrisburgh.  The USDA has recalled 2,758 pounds of ground beef from the company, and has put out warnings for consumers. 

“In the last year and a half, the American meat industry has been in a spiral of recalls,” said food safety advocate and attorney William Marler.  “More than 40 million pounds of meat tainted with E. coli O157:H7 has been publicly recalled, up by a factor of two hundred from the 2006 amount of 181, 900 pounds.  This is a very dangerous and completely unacceptable level of contaminated beef making its way to consumers.”

In more than thirty recalls ranging from a few hundred to millions of pounds, the Food Safety Inspection Service (FSIS) has deemed E. coli contaminated meat a class one health hazard to consumers.  (A class I recall involves a health hazard situation in which there is a reasonable probability that eating the food will cause health problems or death.)

“There are many theories as to why there has been such an unprecedented jump in E. coli,” said Marler.  “It could be regulatory complacency, better reporting, or immigration sweeps that have left slaughterhouses empty of skilled workers.  Global warming may be spreading fecal dust and/or high oil prices may have led to an E. coli-producing diet for cattle.  The microbe itself may even be evolving to elude capture.  These ideas need investigation and research, so that real change can begin.”

The 2,758 pounds of ground beef subject to the Vermont recall was shipped in 5-pound packages labeled VT BURGER CO GROUND BEEF.  They carry the number EST 9558 inside the USDA mark of inspection and a lot code of 090508A, 090808A, 091208A, 091908A or 092208A.  The products were shipped two packages per box and were produced on Sept. 5, 8, 12, 19, and 22.  The problem was discovered through a joint investigation with the USDA’s Food Safety and Inspection Service and the state Health Department.

Louisiana State Bar Association (LSBA) Mass Tort Symposium

Bill Marler will present “"Case Selection/Case Resolution and Issues Associated with a National Mass Tort Practice” to the LSBA Class Action/Mass Tort Symposium

University of Colorado Student Files E. coli Lawsuit Against Jimmy John’s

A University of Colorado student infected with E. coli O157:H7 filed suit yesterday in the District Court of Boulder County.  The petition was filed on behalf of CU sophomore and Boulder resident Katie Pendelton.  Ms. Pendelton is represented by Marler Clark, a Seattle foodborne illness law firm, and by Kara Knowles of the Denver-area firm Montgomery, Little, Soran & Murray.

On the weekend of September 20 and 21 2008, Ms. Pendelton’s sorority purchased sandwiches from Jimmy John’s Gourmet Sandwiches and served them to members.  On September 23, Ms. Pendelton began to experience severe gastrointestinal symptoms including nausea, abdominal cramps, and diarrhea; by September 24, her diarrhea had become bloody.  On September 26, Ms. Pendelton sought medical care at the emergency room, where she was hydrated, given pain medication, and released.  Overnight, her symptoms continued to worsen and when she returned to the hospital on September 27, she was admitted.  She remained hospitalized until October 2, where her E. coli O157:H7 infection was confirmed.  She continues to experience symptoms of her illness. 

Boulder County Health officials have linked Ms. Pendelton and 17 other local E. coli infections to the Jimmy John’s Gourmet Sandwiches restaurant located at 1125 13th Street in Boulder, Colorado.  Many of the ill are students. 

“This outbreak underscores the ominous trend in E. coli cases that we have seen in the United States since the spring of 2007,” said Ms. Pendelton’s attorney William Marler.  “According to the CDC, there were several years where E. coli cases declined by nearly 40%.  Unfortunately, that positive trend has disappeared.”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water.  There have also been outbreaks associated with petting zoos and agricultural fairs.

First E. coli Lawsuit Filed Against Aunt Mid’s Produce

CLARIFICATION:  The Michigan Health Department has linked illnesses to lettuce produced by Aunt Mid’s produce.  To date, no left-over lettuce has tested positive for the E. coli bacteria.

The first lawsuit stemming from a recent lettuce-borne E. coli outbreak was filed today in the Circuit Court for Ingham County, Michigan against Aunt Mid’s Produce.  The petition was filed on behalf of Michigan State University (MSU) student and East Lansing resident Samantha Steffen.  Ms. Steffen is represented by Marler Clark, a Seattle food borne illness law firm, and by Michael Heilmann of the Detroit-area firm Counard & Heilmann. 

In September 2008, at least 40 people were sickened by the virulent E. coli strain O157:H7.  The ill were concentrated in Michigan, and included students at MSU Lansing as well as inmates at a Michigan jail.  The outbreak was traced to contaminated lettuce distributed by Aunt Mid’s Produce of Detroit, Michigan.  Genetic fingerprinting matched the E. coli bacteria on the lettuce to the stool samples of the victims.

Samantha Steffen consumed lettuce on campus in early September, and by September 13, she began to experience nausea, abdominal cramps, and frequent bouts of diarrhea.  In the next couple of days, her diarrhea turned bloody, and she asked a friend to take her to the emergency room where she was treated for severe dehydration.  A stool sample taken there revealed that she was infected with E. coli O157:H7.  After her release from the ER, Ms. Steffen continued to experience painful cramps, nausea, and bloody diarrhea.  She has yet to fully recover from her illness.

“The Michigan Health Department has linked these illnesses to lettuce produced by Aunt Mid’s Produce,” said Ms. Steffen’s attorney William Marler.  “Despite requests that they reveal the source of the tainted lettuce—a pivotal step toward ensuring that there is no additional tainted product in the supply chain—Aunt Mid’s has refused to do so.  Food distributors are responsible not only to their direct consumers but also to the food supply system as a whole.  By withholding information about a contamination event, Aunt Mid’s Produce is not doing their part to keep food safe for everyone.”

Although E. coli outbreaks are often associated with meat, produce-borne outbreaks have become more frequent in recent years.  The Center for Science in the Public Interest noted that fully 25 percent of E. coli outbreaks from 1990-1998 were traced to produce.  Data from the Centers for Disease Control show that over the last 12 years, twenty-two E. coli outbreaks have been traced specifically to leafy greens, including the spinach outbreak in 2006, which made more than 200 ill and caused four deaths.

The two firms representing Ms. Steffen have worked together in the past, most recently representing Michigan victims of the 2006 spinach E. coli outbreak. 

Third International Conference for Food Safety and Quality

Bill Marler will present the keynote address at the Third International Conference for Food Safety and Quality in San Francisco, CA.  More information can be found at http://www.foodhaccp.com/conference08/

Chinese Melamine contamination - Milk and more

Since the news broke in September, 2008 that Chinese infant milk formula was contaminated with Melamine, at least 55,000 (official count ) to as many as 94,000 (Reuters) children have been sickened, four have died, and Chinese food products are being pulled worldwide.  Melamine has been found in candy, chocolate, soda, and even on vegetables.  Bill Marler was in China as a featured speaker of the China International Conference on Food Safety and Quality when the story broke, and blogged on the unfolding crisis.

MARLER BLOG POSTS
Chinese Parents File Melamine Milk Lawsuit - September 30, 2008
Sanlu Fonterra Melamine Baby Formula Disaster - September 28, 2008
FDA Advisory on Mr. Brown Instant Coffee and Tea - September 27, 2008
Melamine-tainted White Rabbit Candy Being Pulled from World Markets - September 25, 2008
China Food Safety Conference Begins and Ends on “Sour” Note - September 24, 2008
Live Blogging from China International Food Safety Conference - September 23, 2008
Melamine Tainted Milk,Yogurt, and Now Candy - September 21, 2008
Product Quality Law - People’s Republic of China - September 19, 2008
6,244 babies sick, 158 in kidney failure, three deaths - September 16, 2008
Chinese milk powder sickens 1,253 babies - September 15, 2008

ARTICLES

• Toxic milk scandal worsens
• China milk victims may have reached 94,000
• Chinese lawyers face pressure to drop milk cases
• Chinese Tainted Milk Company Accused Of Cover-Up
• China’s Top Food Quality Official Resigns

FDA Southeast Food Safety Seminar

Bruce Clark and Patti Waller travel to Asheville, NC to present to the Southeast Region Food Safety Seminar.

Marler Clark Calls for Aunt Mid’s Produce to Disclose Supplier of E. coli Tainted Lettuce

At least 40 confirmed cases of the infection with the highly toxic pathogen E. coli O157:H7 have been linked to commercial bagged lettuce distributed by Aunt Mid’s Produce, but the Detroit-based company refuses to name the supplier of the contaminated product.  Thirty of the illnesses are in Michigan; the others have been documented in Illinois, Ohio, New York, and Oregon.

“Food borne illnesses are often difficult to trace, as we saw this summer with the tomato-pepper Salmonella outbreak,” said food safety advocate and attorney William Marler.  “You want to get to the source as quickly as possible in order to stop the flow of contaminated produce and alert those who might have it in hand to discard or return it.  In this case, we have a trail leading directly to the door of the distributor—Aunt Mid’s Produce—and they’re blocking the trail there.  Not revealing the source of the contaminated lettuce means that there could be other contamination—in fields or in the supply chain—which is not being stopped.  It’s completely irresponsible and should be illegal.”

E. coli O157:H7 outbreaks associated with leafy greens are not a new phenomenon.  The FDA has reported that in the last 12 years, twenty-two E. coli O157:H7 outbreaks linked to consumption of contaminated leafy greens have made more than 700 consumers ill.  Marler recently released a history of leafy greens and E. coli documenting the outbreaks.

“It’s bad enough that they refuse to name their source,” continued Marler.  “But on their website, they go so far as to say that no contamination has been found in their products.  This claim is disingenuous at best, reflecting tests done on other product in hand.  The link to Aunt Mid’s is clear, and so is their responsibility to the consumer—to reveal where the tainted lettuce originated, so that testing can pinpoint the source, and it can be stopped.  Lettuce is highly perishable; every day that passes means information lost.”

Second Boy Scout Sickened at Camp Sues Hamburger Manufacturer

Jansen Saunders, a 10-year-old boy who attended Boy Scout camp in July, continues to recover from the E. coli O157:H7 infection he contracted there.  Fredrick and Jennifer Saunders of Loudoun, Virginia filed suit along with their son on Friday in the Circuit Court of Rockbridge County.  The lawsuit was filed against S & S Foods LLC, which supplied the camp with frozen hamburger patties.  The plaintiffs are represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and Maryland attorney William Schladt of Ward & Klein.

In July 2008, 84 people at a Boy Scout camp near Goshen, Virginia were infected with the highly toxic E. coli O157:H7.  The outbreak was traced to hamburger meat manufactured and sold by S & S Foods of California.  Jansen Saunders attended the camp from July 20 through July 26.  Saunders ate hamburgers while at camp, and fell ill on July 25, experiencing bloody diarrhea, cramping, fever, nausea, and fatigue.  He was hospitalized July 28-30, where he tested positive for E. coli O157:H7.  S & S hamburger meat served at the camp tested positive for a genetically identical strain of E. coli O157:H7, and the company recalled more than 150,000 pounds of meat.

“We filed a lawsuit three weeks ago on behalf of another scout,” said the Saunders’ attorney William Marler.  “And S&S Foods has yet to respond or take the first step in assisting the victims through this difficult time.  Children were sickened by tainted meat supplied by S&S Foods, and the company needs to step up to the plate for the affected families.”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks—such as the current lettuce-borne E. coli outbreak in Michigan.  Other identified sources are unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water.  There have also been outbreaks associated with petting zoos and agricultural fairs.

Michigan E. coli O157:H7 Outbreak Linked to Bagged Lettuce Again

Food Safety Attorney, William Marler, Gives History Lesson.
“E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically the “pre-washed” and “ready-to-eat” varieties sold under various brand and trade names, are by no means a new phenomenon,” according to food-safety attorney, William D. Marler, of Marler Clark.  By way of illustration:

October 2003, thirteen residents of a California retirement home were sickened, and two people died, after eating E. coli-contaminated, pre-washed spinach;

September 2003, nearly forty patrons of a California restaurant chain fell ill after eating salads prepared with bagged, pre-washed lettuce; and

July 2002, over fifty young women fell ill with E. coli O157:H7 at a dance camp after eating “pre-washed” lettuce, leaving several hospitalized and one with life-long kidney damage. 

And this is just a small sampling of the twenty or more E. coli O157:H7 outbreaks since 1995 in which spinach or lettuce was the source.

Several more outbreaks linked to contaminated leafy-produce, including most recently the September 2005 Dole packaged lettuce outbreak, are identified in the chart below, which is based on information gathered by the Center for Science in the Public Interest:

Date Vehicle Etiology Reported Cases States/Provinces

Aug. 1993 Salad Bar E. coli O157:H7 53 1:WA
July 1995 Lettuce (leafy green; red; romaine) E. coli O157:H7 70 1:MT
Sept. 1995 Lettuce (romaine) E. coli O157:H7 20 1:ID
Sept. 1995 Lettuce (iceberg) E. coli O157:H7 30 1:ME
Oct. 1995 Lettuce (iceberg; unconfirmed) E. coli O157:H7 11 1:OH
May-June 1996 Lettuce (mesclun; red leaf) E. coli O157:H7 61 3:CT, IL, NY
May 1998 Salad E. coli O157:H7 2 1:CA
Feb.-Mar. 1999 Lettuce (iceberg) E. coli O157:H7 72 1:NE
July-Aug. 2002 Lettuce (romaine) E. coli O157:H7 29 2:WA, ID
Oct. 2003-May 2004 Lettuce (mixed salad) E. coli O157:H7 57 1:CA
Apr. 2004 Spinach E. coli O157:H7 16 1:CA
Sep. 2005 Lettuce (romaine) E. coli O157:H7 32 3:MN, WI, OR

The most recent major E. coli outbreak ties to leafy greens was the Dole Spinach outbreak of 2006.  This included 205 illnesses due to E. coli O157:H7 reported the CDC. This number included 31 cases of HUS, 102 hospitalizations, and 3 deaths. The FDA maintained its conclusion that all the implicated spinach was traced back to Salinas Valley in California.

“We never seem to learn,” said Mr. Marler.  In November 2005, the FDA elucidated its past efforts and present concerns in its “Letter to California Firms that Grow, Pack, Process, or Ship Fresh and Fresh-Cut Lettuce.” The letter begins:

“This letter is intended to make you aware of the Food and Drug Administration’s (FDA’s) serious concern with the continuing outbreaks of food borne illness associated with the consumption of fresh and fresh-cut lettuce and other leafy greens.”

The FDA efforts to lead the lettuce industry to safer practices were nothing new. In 1998, the FDA issued guidance to the industry entitled “Guide to Minimize Microbial Food Safety Hazards for Fruits and Vegetables.” The guide is specifically designed to assist growers and packers in the implementation of safer manufacturing practices. On February 5, 2004, the FDA issued a letter to the lettuce and tomato industries to “make them aware of [FDA’s] concerns regarding continuing outbreaks associated with these two commodities and to encourage the industries to review their practices.”

Washington Association for Food Protection

Drew Falkenstein will travel to Lake Chelan, Washington to present to the annual conference of the Washington Association for Food Protection.  His topic is “Liability for Contaminated Foods Produced at Home and Abroad.”

China International Food Safety and Quality Conference (CIFSQ)

Bill Marler will be in Beijing, China to present a keynote address to the International Food Safety and Quality Conference, presenting “How US Consumers Hold Producers Accountable:  A Civil Litigation Lesson in the US Market”.  Former Washington State Governor Gary Locke will also be traveling to the conference, and presenting a keynote speech.  For more information, visit the CIFSQ Conference Website

Aunt’s Mid’s Lettuce E. coli outbreak - Michigan, Illinois, and Ontario

At least 45 cases of E. coli O157:H7 have been identified in Michigan, Illinois, and Ontario, Canada linked to lettuce from Aunt Mid’s Produce Company. The outbreak first surfaced in September 2008 at Michigan State University in Lansing where 9 students became ill.  Inmates at Lenawee County Jail were soon reported to have illnesses with genetically identical E. coli, and then students at University of Michigan fell ill.  Michigan’s illness total is up to 38 - genetically matching illnesses have now been reported in both Illinois and Ontario.

Aunt Mid’s lettuce has not revealed the supplier of their lettuce, but Michigan Agriculture officials named California as the state of origin.  No specific region or grower has yet been identified.

On October 3, Marler Clark called for Aunt Mid’s produce to disclose their supplier to ensure supply chain safety.

On October 9, Marler Clark filed the first lawsuit stemming from the outbreak on behalf of a Michigan State University student.

On October 20, a second lawsuit was filed on behalf of a University of Michigan senior who was sickened by the contaminated lettuce.

• Aunt Mid’s faces second lawsuit in E. coli outbreak
• E. coli in Michigan lettuce traced to California
• MSU student sues Detroit produce supplier following E. coli illness
• Aunt Mid’s to resume processing after outbreak
• Lettuce tied to latest E. coli cases
• E. coli strain at MSU linked to 8 cases around state
• Officials focus on delivered food as cause of E.coli outbreak at MSU
• MSU E. coli strain revealed

Firemen’s Fundraiser May be Victim of E. coli Regulation Loopholes

Tri-tip beef served at a September 6 fundraiser for the Forest Ranch, CA volunteer fire department has been cited as the probable cause of an outbreak of toxic E. coli O157:H7.  At least 18 have fallen ill, four of whom required hospitalization.  Many meat-related E. coli outbreaks are traced back to ground beef, but the fundraiser served tri-tip, which has its own, lesser known, history of problems.

“Meat can become contaminated with E. coli O157:H7 in many ways,” said Denis Stearns, attorney with the food borne illness firm Marler Clark.  “There are some regulations in place to detect that contamination and prevent tainted meat from reaching the marketplace, but tri-tip beef can fall through a dangerous regulatory loophole.  Larger cuts of meat like tri-tips are sold as ‘intact meat’ even though they are intended to be cut into smaller pieces (like steaks or stew meat).  The meat industry claims that the USDA allows it to sell contaminated intact cuts of meat, but the Sizzler case illustrates E. coli O157:H7 regulations on intact meat are ill-defined, and that’s a recipe for contamination.  It makes no sense.”

The outbreak at Wisconsin Sizzler restaurants in 2000 sickened dozens and caused the death of a three-year-old child.  Investigations lead to E. coli-tainted meat at two restaurants.  The victims were found to have been made ill by cross-contamination—by eating foods that had been contaminated by contact with the contaminated tri-tips that the restaurant had cut into steaks and needle-tenderized.  The case was landmark because the meat company who supplied Sizzler fought all the way to the Supreme Court to prove that they had met USDA regulations; in other words, to prove that USDA regulations allowed them to sell contaminated tri-tips.  They lost the suit, but the USDA policies were not clarified.

“Needle-tenderizing meat is not in itself an unsafe practice,” continued Stearns.  “But it sure can be if you’re starting off with intact cuts contaminated with a deadly pathogen like E. coli O157:H7.  Basically, tenderizer is injected into the meat muscle.  If there is E. coli on the surface, the needle can carry it inside, where only heat pasteurization can kill it.  Even if the surface of the meat is cleansed, that meat is still like a Trojan horse—an apparently harmless vehicle carrying deadly bacteria into personal and commercial kitchens.  And according to the meat industry, it’s legal.  We don’t yet know how the beef in this outbreak was contaminated—we may never know.  But we do know that the both the meat industry and the USDA need reform, because only clearer, stricter regulations and better oversight can prevent these tragic illnesses.”

Manitoba Food Processor’s Association Food Safety Conference

Patti Waller will present to the Manitoba Food Processor’s Association in Winnipeg, Manitoba.

2008 Long Company Annual Conference

Dave Babcock will travel to Chicago, IL to take part in the annual conference of the Long Company.

E. coli O157:H7 - Forest Ranch, CA - Fire Department Fundraiser

On September 6, 2008, 300-400 people attended a fund raiser for the volunteer fire department of Forest Ranch, CA.  As of Sept 24, twenty four of the people who ate at the BBQ fundraiser have tested positive for E. coli O157:H7, including a 6-year-old girl who was airlifted to UC Davis Medical Center in Sacramento.  Health officials have linked the outbreak to tri-tip beef served at the event, but the source of the meat has not yet been released. Investigations are continuing.

• Tri-tip Confirmed as E coli Culprit
• Lawyer says meat poses E. coli risk
• 6 year old E.coli Victim Returns Home
• E. Coli cases grow to 24
• Tri-tip served at fundraiser is likely culprit in E. coli outbreak
• Forest Ranch Girl Still Struggling to Overcome E.coli Poisoning

William Marler to Address International Food Safety Conference in Beijing

William Marler, food safety advocate and expert in foodborne illness litigation, will speak at the China International Food Safety Conference and Expo on Wednesday, September 24 at 4:30 p.m.  His lecture, titled “How U.S. Consumers Hold Producers liable: A Civil Litigation Lesson in the U.S. Market” will be presented at the Landmark Hotel and Towers, 8 North Dongsanhuan Road, Chaoyang District, Beijing, 1000004. 

“China is experiencing growth on a level that is almost incomprehensible,” said Marler from his office in Seattle, Washington.  “The job of maintaining food safety and quality during that growth is a task on the same scale.  I got involved with the conference—both as a speaker and a sponsor—because I believe that the Chinese food safety officials are doing exactly the right thing by inviting those at the forefront of the field worldwide to come to China and share their expertise.”

William Marler began litigating foodborne illness cases in 1993, when he represented Brianne Kiner, the most seriously injured survivor of the Jack in the Box E. coli O157:H7 outbreak, resulting in her landmark $15.6 million (106,407,600 CNY) settlement.  Marler has focused his practice on representing individuals in litigation resulting from E. coli, Salmonella, Shigella, hepatitis A, and other food contamination cases.  He has represented victims of every major foodborne illness outbreak in the United States, securing over 500 million dollars (3,417,764,736 CNY) for his clients.

Mr. Marler travels widely to address industry, government, and consumer groups in an effort to improve food safety around the world.  Earlier this year, he organized and hosted a food safety conference in Seattle, Washington where experts from the US, EU, UK, Australia, New Zealand, and China met to discuss food safety in the global marketplace. 

“The current milk crisis underscores the need for Chinese business and government to take a hard look at food safety and quality,” continued Marler.  “The challenges couldn’t be clearer.”

The China International Food Safety Conference and Expo runs September 23-24, 2008.  The conference is hosted by the General Administration of Quality Supervision, Inspection, and Quarantine, PRC and produced by the China Entry-Exit Inspection and Quarantine Association.

Michigan State University Students Struggle with E. coli Outbreak

An outbreak of the highly toxic E. coli O157:H7 has sickened at least ten students at MSU in Lansing.  All of the students experienced bloody diarrhea, a flag indicator of E. coli infection, and each sought medical care at Sparrow Hospital.  Seven remain hospitalized.

“E. coli is a virulent, powerful bacterium that can make people very, very sick,” cautioned food borne illness attorney William Marler.  “I’m concerned by the references to E. coli as being dangerous only to the very young and very old.  Although those groups are definitely more at risk, the infection can cause serious health issues for victims of any age.”

Escherichia coli (E. coli) are members of a large group of bacterial germs that inhabit the intestinal tract of humans and other warm-blooded animals.  Most strains—or serotypes—of E. coli do not cause disease in humans, but the toxic serotypes can cause serious illness and even death. 

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water.  There have also been outbreaks associated with petting zoos and agricultural fairs.

The first symptom of E. coli infection is the onset of abdominal pain and severe cramps, followed within 24 hours by bloody diarrhea.  This is hemorrhagic colitis, and it typically occurs within 2 to 5 days of ingestion of E. coli; however the incubation period—the time between the ingestion of E. coli bacteria and the onset of illness—may be as broad as 1 to 10 days. 

“Because of the incubation period, there could still be new illnesses at MSU”, continued Marler.  “Anyone experiencing these symptoms should seek medical attention.  It’s important to get appropriate care and take steps to make sure that the infection is not passed on to others.”

Montana Public Health Association (MPHA)

Patti Waller will attend the annual meeting of the Montana Public Health Association in Bozeman, MT, where she will present “Using Health Department Data in Food Borne Illness Litigation”. For more information, visit the MPHA Conference website.

Boy Scout Sickened by E. coli-Tainted Meat Sues S & S Foods

A Boy Scout who was infected by E. coli O157:H7 while attending camp in Virginia filed suit today in the Circuit Court of Rockbridge County.  The lawsuit was filed on behalf of Zachary Yost and his mother, Devon Drew, against S & S Foods LLC.  The plaintiffs are represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and Maryland attorney Benson Klein of Ward & Klein.

In July 2008, 84 people at a Boy Scout camp near Goshen, Virginia were infected with a highly toxic form of E. coli, the O157:H7 strain.  The outbreak was traced to hamburger meat manufactured and sold by S & S Foods of California.  Zachary Yost attended the camp from July 20 through July 26.  Yost ate hamburger meat while at camp, and fell ill on July 26.  He experienced cramping, nausea, and diarrhea, which by July 29 became bloody.  In the process of receiving medical care, he tested positive for E. coli O157:H7.  S & S hamburger meat at the camp also tested positive for E. coli O157:H7, and the company recalled more than 150,000 pounds of meat.

“There has been a record amount of E. coli-tainted meat recalled in the last year and a half,” said the plaintiffs’ attorney William Marler.  “Unfortunately, that has meant that that there have also been a record number of E. coli illnesses.  Victims all over the country are suffering because of the breakdown of our meat supply safety system.  Everyone deserves pathogen-free meat—in restaurants, grocery stores, and summer camp!”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water.  There have also been outbreaks associated with petting zoos and agricultural fairs.

“Zachary has yet to test free of E. coli,” continued Marler.  “His body is still fighting the infection, and restricting what he can do.  Meat companies need to step up to the plate and take responsibility for the effects their tainted products have on consumers.”

Sprouts Responsible for Salmonella Illnesses in Washington and Oregon

Thirteen people—nine in Washington and four in Oregon—have been infected with Salmonella Typhimurium from eating alfalfa sprouts.  The illnesses have been traced back to Sprouters Northwest, Inc in Kent, WA, which has voluntarily recalled the product and stopped distributing it.  Consumers are advised not to purchase or eat any Sprouters Northwest products containing alfalfa sprouts, and to discard or return any of the products they may have in their homes.

“Sprouts are often called a ‘stealth’ vehicle for infection because people aren’t always aware that they’re eating them,” said Seattle food borne illness attorney William Marler.  “Sprouts are added to salads or sandwiches and hardly noticed.  I always recommend that people think hard about eating sprouts, because they have a very poor history.

“According to the CDC (Centers for Disease Control), sprouts are the number two vehicle for produce outbreaks, right behind leafy greens.  And when the number of people who eat sprouts is factored in—far fewer than those who eat lettuce and other salad greens—it’s eye-opening.”

There are many ways that sprout contamination can occur.  Animals grazing in alfalfa fields can contaminate the harvest, and then machinery used on a contaminated field can spread that contamination as other fields are harvested and processed.  Once seeds from different fields are mixed, contamination can spread to other batches, and as seeds are ‘scarred’ or rubbed to crack them, bacteria can enter the seed itself.

The warm, moist environment used to grow sprouts is ideal for bacteria growth, and sprouts can play host to a number of different strains of Salmonella, as well as E. coli O157:H7.  Bacteria on or in sprouts is difficult to detect, and most people do not wash or cook sprouts, which might kill or remove infectious bacteria.

“This is not the first time Sprouters Northwest has had to recall product,” continued Marler.  “They recalled sprouts in 2004 after a number of people were infected by Salmonella.  There are steps that can be taken to reduce the incidence of bacteria in a sprout product, and we need to find out what has gone wrong at this company and get it changed.”

Salmonella is a bacterium that causes one of the most common intestinal illnesses in the US: salmonellosis infection.  Symptoms of salmonellosis can begin 6 to 72 hours from consumption, and include diarrhea, abdominal cramps, fever, nausea, and/or vomiting.  Dehydration is a concern, especially with the elderly, very young, or immune compromised.  In mild cases of infection, symptoms subside in 5-7 days, but some can develop serious complications, so a doctor visit is recommended. 

S & S Foods - Goshen Boy Scout Camp E. Coli Outbreak

At least 84 people who attended a Boy Scout camp in Rockbridge County, Virginia between July 20 and August 2, 2008 were infected with E. coli O157:H7.  Virginia health officials said that twenty-five children in Northern Virginia were lab-confirmed with E. coli O157H7 infection and eight Virginia Scouts required hospitalization.  In addition, five cases of E. coli O157:H7 were confirmed among those who returned from Goshen to Maryland.  Health officials reported that ground beef served at the camp tested positive for E. coli O157:H7 matching the genetic strain in the infected people. 

The ground beef was manufactured and sold by S & S Foods, LLC of California, which recalled 153,630 pounds of its ground beef products as a result of the investigation and outbreak.  The S & S Foods outbreak was part the 2007-2008 uptick in E. coli; more than 40 million pounds of tainted meal was recalled over the period of a year and a half.

Marler Clark filed suit on Sept 5, 2008 on behalf of an eleven-year-old scout who was infected at the camp.  On September 26, Marler Clark filed a suit on behalf of a second scout sickened in the outbreak.

• Second sickened Boy Scout sues hamburger supplier
• Maryland Mother Sues Company After Son Tests Positive for E. Coli
• S&S Foods of Azusa Recalls Frozen Beef After E. coli Outbreak
• Meat Tied To Camp Outbreak

Rare Type of E. Coli Found in Oklahoma Outbreak

The food borne illness outbreak in northeastern Oklahoma that has sickened more than 115, hospitalized 50 and taken one life is the latest emergence of the virulent and highly toxic E. coli bacterium.  Most E. coli outbreaks in North America are subtypes of E. coli O157:H7, but the CDC has just revealed that this outbreak is a rare serotype: E. coli 0111.

“This is highly unusual,” said food borne illness attorney William Marler.  “We have been involved in every major US outbreak in the last 15 years, and we have only seen this serotype twice before—once traced to apple cider in New York, and once connected to salad in Texas.”

Although many strains of E. coli can be present in the body with no ill effects, strains like E. coli 0111 and E. coli O157:H7 produce a deadly shiga toxin (stx) which ravages the digestive system and kidneys.  By the time symptoms emerge—abdominal cramping, vomiting, and bloody diarrhea—the bacteria is already entrenched.  Although there is no cure or antidote, immediate health care is critical to support the systems under attack, keep the patient hydrated, and try to alleviate the intense pain that accompanies the illness as the body works to rid itself of the toxic bacteria.

In those with compromised or immature immune systems, E. coli can progress to Hemolytic Uremic Syndrome, or HUS.  Children, whose immune systems are not as developed as adults’, are especially vulnerable.  HUS is a cascading complication resulting in kidney failure; at the moment several children in Oklahoma are on dialysis.  Even when they are able to recover from the potent E. coli toxin (considered by the CDC to be one of the most toxic substances known to man), victims often have permanent kidney damage.  It is not unusual for E coli victims infected as children to need multiple kidney transplants over their lifetime.

“Regardless of the strain of toxic E. coli, it produces a devastating illness.” continued Marler.  “Under the best circumstances, it can take months to recover.  Some victims are affected for the rest of their lives.  We need to support the families going through this nightmare, and do everything we can to help them.”

Tennessee Public Health Association (TPHA)

Drew Falkenstein and Patti Waller both travel to Nashville, TN to take part in the Annual Conference of the Tennessee Public Health Association.  For more information, visit the TPHA Conference website

S & S Foods - Goshen Boy Scout Camp E. Coli Outbreak

In early August, 2008 as many as 80 Boy Scouts at camp in Goshen, Virginia were sickened by E. coli O157:H7.  A total of 84 people who attended the camp at the reservation between July 20 and Aug. 2 have shown symptoms of the E. coli O157:H7 infection.  Twenty-five children in Northern Virginia have been lab-confirmed with the E. coli O157H7 infection and eight Virginia Scouts have required hospitalization, said Virginia health officials.  In addition, five cases of E. coli O157:H7 have been confirmed among those who returned from Goshen to Maryland.

S&S Foods of Azusa, California recalled about 153,630 pounds of frozen ground beef linked to E. coli O157:H7 infections at Goshen Scout Reservation in Rockbridge County.  Health officials matched samples of beef removed from the Scout reservation to bacteria found in stool samples of some of the affected campers.

Marler Clark has been contacted by a number of the victims, and is investigating their cases.

• S&S Foods of Azusa Recalls Frozen Beef After E. coli Outbreak
• S&S Foods of Azusa recalls frozen beef after E. coli outbreak

Oklahoma Outbreak Claims One Life, Sickens Many

A food borne illness outbreak in northeastern Oklahoma has sickened as many as 30 and taken one life.  Although lab results are not in, signs point to the highly toxic E. coli O157:H7 bacteria as the culprit.  Many of the ill have eaten at the same restaurants, and leads are being followed to determine the source.  In the last two years, more than 40 million pounds of meat have been recalled due to contamination with E. coli O157:H7, and outbreaks have also been traced to leafy greens. . [Note - as of 8/27, there are 40 illnesses and 17 hospitalizations.]

“This has been a terrible year for E. coli outbreaks,” said food safety advocate and attorney William Marler.  “Boy Scouts at camp were sickened by contaminated hamburger, and families who ate at a barbeque restaurant have spent months in ICU.  We expect our food to be free of deadly pathogens—that’s the job of the regulations put into place by government.”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water.  There have also been outbreaks associated with petting zoos and agricultural fairs.

The first symptom of E. coli infection is the onset of abdominal pain and severe cramps, followed within 24 hours by bloody diarrhea.  This is hemorrhagic colitis, and it typically occurs within 2 to 5 days of ingestion of E. coli; however the incubation period—the time between the ingestion of E. coli bacteria and the onset of illness—may be as broad as 1 to 10 days. 

“If you’re experiencing these symptoms, it is critical to visit your healthcare provider, because an E. coli infection can make you very, very sick,” Marler continued.  “In some instances E. coli infection can lead to hemolytic uremic syndrome (HUS), a cause of acute kidney failure, so make sure you know what you’re dealing with.”

‘Governor Schwarzenegger, Veto This Bill!’ Pleads Food Safety Advocate William Marler

An ambitious and well-meaning attempt to make California’s dairy products safer arrives this week in the California Assembly in the form of State Bill 201—but the country’s top food safety advocates are calling on California legislators to vote against it.  The bill places regulations on producers of raw milk dairy products and lays groundwork intended to stem the tide of deadly food borne illnesses tied to the raw milk industry.  It sounds good, and may have enough support to reach the Governor’s desk, where the same advocates encourage a veto.  What’s the problem?

“It’s difficult to work so hard against a bill that has such good intentions,” said William Marler, food safety advocate and attorney.  “But SB 201 actually creates a detour around the regulation of raw milk, and must be re-written before the bill is ready.  There are children on life support because of raw milk tainted with E. coli and other toxic bacteria, and there will be more of them in California—and nationwide—unless changes are made to this legislation.”

Rather than detailing the levels of fecal contaminates acceptable in a regulated raw milk product, the bill proposes that raw milk be regulated by a HACCP protocol.  HACCP—Hazard Analysis Critical Control Point—is a food safety and self-inspection system that describes procedures for producing potentially dangerous foods.  There are national HACCP protocols in place for juice, meat, poultry, and seafood processing, but none for raw milk.  Developing a HACCP protocol can take years, and if SB201 is signed as written, California raw milk will enter a black hole of regulation.  Companies will be free to produce raw milk essentially unregulated until a HACCP plan is ready. 

“Raw milk—given that it is outside the pasteurization process—has inherent risks,” continued Marler.  “Illnesses from raw milk and raw colostrum—E. coli, campylobacter, and listeria—are on the rise, and we’ve seen first-hand a growing number of consumers whose lives will never be the same because of this product:
• Dee Creek Farm – E. Coli O157:H7 – 11 ill, 4 with Hemolytic Uremic Syndrome, or HUS
• Grace Harbor Farms – E. Coli O157:H7 – 2 children ill, one with HUS
• Organic Pastures – E. Coli O157:H7 - 6 ill, 2 children with HUS
• Herb Depot – E. Coli O157:H7 - Two children ill
• Town Farm Dairy – E. Coli O157:H7 - 5 ill, 2 with HUS
• Alexandre Family EcoDairy Farms – Campylobacter – 15 illnesses, one on a ventilator.”

Raw milk is at the center of a nationwide controversy over its potential value as a nutritional food versus the severe illnesses that can result from contaminated product.  Pasteurization was developed to rid dairy products of pathogens like toxic E. coli as well as to assure a longer, safer shelf life.  Proponents of raw milk believe that pasteurization also eliminates healthful benefits of the dairy product.  (Peer-reviewed literature on the raw milk controversy can be found by clicking here for pro and here for con.)

“It’s the large producers of raw milk products that SB 201 aims to regulate,” said Marler.  “Because of the HACCP loophole, a huge amount of contaminated product could reach the public.  This bill is intended to stop them, but instead will give them a free ride for years to come.  California Legislators and Governor Schwarzenegger, please send SB 201 back!”

Student sickened by E. coli-Tainted Lettuce files Suit

A victim of the June 2008 lettuce E. coli outbreak in Thurston and Pierce counties filed suit today in the Superior Court of Washington, King County.  Heather Whybrew of Federal Way, Washington was a student at Pacific Lutheran University in Parkland when she was infected with E. coli O157:H7.  The lawsuit was filed against Northwest Fruit and Produce Inc and “John Does,” Growers, Shippers and Suppliers by attorney William Marler and Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness.

Ten people were sickened in the outbreak, which was traced to bagged, commercial romaine lettuce distributed by Northwest Produce to food service locations including Pacific Lutheran University (PLU).  Ms. Whybrew fell ill on May 16, after taking all of her meals at PLU.  She experienced cramping, nausea, and diarrhea, which became bloody the next day.  In extreme pain, she went to the school health center, and was told to go to the emergency room.  She was admitted to the hospital in Federal Way, Washington where she tested positive for E. coli O157:H7. 

Ms. Whybrew battled the E. coli infection over the next week, developing pneumonia as well as blood clots in her extremities and IV insertion sites, for which she required Heparin, a blood thinner.  When kidney irregularities emerged, she was transferred to Children’s Hospital in Seattle, where she remained until June 6.  She was hospitalized for 20 days.  She continues to recover from the infection and its complications—she must give herself two Heparin shots daily in the abdomen to keep blood clots at bay.

“Leafy greens from California are the sleeping giant,” said Whybrew’s attorney William Marler.  Once E. coli gets on—or into—the product, it is almost impossible to wash off.  A tiny number of bacteria can sicken or even kill.  Positive changes were made after the terrible spinach E coli outbreak in 2006, but this outbreak and others indicate that there are still problems in the system.  Salinas, California is again suspected as being the source of the lettuce that sickened Heather and nine others, and that is where regulation is the tightest.  There’s clearly a great deal of work still to do.”

“I have a very high tolerance for pain,” said Ms. Whybrew in a statement.  “I have experienced sports injuries, undergone reconstructive surgery, and have had a craniotomy to remove a brain tumor.  I have had chemo and a difficult rehab from partial paralysis—but I have never experienced anything like the pain from E. coli infection.”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks.

FDA Southeastern Regional Meeting

Patti Waller travels to Atlanta, GA to present to “Headlines You Want to Avoid” to the FDA Southeastern Regional Meeting.

Lawsuits Build Against Nebraska Beef as New Recall is Announced

A second Georgia lawsuit arising from E. coli tainted meat sourced from Nebraska Beef Ltd. was filed Friday, just as the beef processing company recalled another 1.2 million pounds of contaminated meat, bringing the total recalled in the last thirty days to over 6 million pounds.  The complaint was filed against Nebraska Beef Ltd. in the U.S. District Court for the Middle District of Georgia, Valdosta Division on behalf of Lillie Ruth and Theron Richter of Colquitt County, GA.  The plaintiffs are represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and by Albany attorney F. Faison Middleton, IV of Watson, Spence, Lowe & Chambless, LLP.

A cluster of E. coli illnesses appeared in Colquitt County in late June, and was traced to the Barbeque Pit in Moultrie, Georgia.  The restaurant closed voluntarily on July 3, and recently re-opened after almost a month of decontamination.  As many as twelve customers of the Barbeque Pit developed E. coli, and four of the victims have developed Hemolytic Uremic Syndrome, or HUS.  Mrs. Richter ate at the Barbeque Pit in Moultrie, GA twice in late June, and by July 1, required hospitalization.  She tested positive for E. coli O157:H7 and remained in the hospital for a week.

“The first priority is to help these families with their medical bills, lost employment, and long-term care,” said William Marler, the Richter’s attorney.  “However, Nebraska Beef and other meat processors need to realize that the customers they poison will not sit by and wait for the next recall.  It is clear that the beef industry has dropped the reins on its food safety protocols—there has been a new E. coli outbreak every week somewhere in the US, and that means more families grappling with these life-threatening and life-altering illnesses.  It has to stop.”

The Georgia cases have been genetically matched to a multi-state outbreak, which includes Ohio, Michigan, Kentucky, New York, Utah, and Indiana.  The illnesses have been traced to E. coli tainted meat from Nebraska Beef Ltd. of Omaha, NE, which was a supplier to the Barbeque Pit in Moultrie.  At least 50 have fallen ill in the seven confirmed states.  The new recall is responsible for up to 30 additional sicknesses in California, Colorado, Connecticut, Idaho, Illinois, Massachusetts, New Jersey, New Mexico, Pennsylvania, Virginia, and Canada.

American Food Safety System a “Train Wreck”

In just a year and a half, the American meat industry has experienced a whiplash of beef recalls.  40 million pounds of meat tainted with highly toxic E. coli O157:H7 has been publicly recalled, up by a staggering factor of two hundred from the 2006 amount of only 181,900 pounds. 

“This is beyond the ‘wheels coming off’ of the meat supply system,” said food borne illness attorney William Marler.  “It’s the entire train in a tangled heap.  And the people caught in the train wreck are you and me and all of our neighbors.  When reports say that there is a one in 400 chance that the package of ground beef you pick up at the supermarket will be tainted with a lethal bacterium, the food safety system is no longer functioning, and immediate, radical steps must be taken.”

In more than thirty recalls ranging from a few hundred to millions of pounds, the Food Safety Inspection Service (FSIS) has deemed E. coli contaminated meat a class I (one) health hazard to consumers.  (A class I recall involves a health hazard situation in which there is a reasonable probability that eating the food will cause health problems or death.)

“There are many theories as to why there has been such an unprecedented jump in E. coli,” said Marler.  “It could be regulatory complacency, better reporting, or immigration sweeps that have left slaughterhouses empty of skilled workers.  Global warming may be spreading fecal dust.  High oil prices may have led to an E. coli-producing diet for cattle.  The microbe itself may even be evolving to elude capture.  Another possibility is that the higher costs of slaughterhouse inputs (beef cattle) have collided with retailer’s low price pressures on outputs (hamburger) from those same slaughterhouses.  These ideas need investigation and research, so that real change can begin.”

To advance that change, Marler reached out to the food safety community and asked for ideas from experts, scientists, regulators, and food agency brass.  He distilled the volumes of submitted suggestions into ten action items (full text can be found here):

• Improve surveillance and reporting of bacterial and viral diseases. 
• Require real training and certification of food handlers at restaurants and grocery stores. 
• Stiffen license requirements for large farm, retail, and wholesale food outlets.
• Increase food inspections. 
• Reorganize federal, state, and local food safety agencies to increase cooperation and reduce wasteful overlap and conflicts. 
• Establish tax credits for companies with good food safety records, and greater legal consequences for sickening or killing customers with tainted food. 
• Use our technology to make food more traceable
• Promote university research
• Improve consumer understanding of the risks of food-borne illness
• Provide Presidential leadership on a topic that impacts every single one of us.

“There are a lot of very smart, very dedicated professionals in the food safety community,” Marler concluded.  “They have spent their careers working toward a better food supply, and that collective knowledge is available to design and implement change.  We need our leaders to get on board, and get the food safety train back on track.”

Virginia E. coli Outbreak Part of Alarming Nationwide Trend

An outbreak of the highly toxic E. coli O157:H7 at a Boy Scout camp in Goshen, Virginia is the latest statistic in an alarming increase in E. coli in the US.  Since the spring of 2007, more than 40 million tons of contaminated beef have been recalled, hundreds have been sickened, and some of the ill are fighting for their lives.  The Goshen outbreak has confirmed 14 illnesses with 10 hospitalizations, but as many as 70 may be sick. 

“Recalls of beef contaminated with E. coli O157:H7 have jumped by a factor of two hundred in just a year and a half,” said food safety advocate and attorney William Marler.  “Families who sent their kids to camp will now spend the rest of the summer with them in ICUs.  Something is terribly, terribly wrong with the American meat supply system, and immediate action must be taken by our leaders.”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks, as have unpasteurized milk and cheese, unpasteurized apple juice and cider, alfalfa and radish sprouts, orange juice, and even water.  There have also been outbreaks associated with petting zoos and agricultural fairs.

The first symptom of E. coli infection is the onset of abdominal pain and severe cramps, followed within 24 hours by bloody diarrhea.  This is hemorrhagic colitis, and it typically occurs within 2 to 5 days of ingestion of E. coli; however the incubation period—the time between the ingestion of E. coli bacteria and the onset of illness—may be as broad as 1 to 10 days. 

“If you’re experiencing these symptoms, it is critical to visit your healthcare provider, because an E. coli infection can make you very, very sick,” Marler continued.  “In some instances E. coli infection can lead to hemolytic uremic syndrome (HUS), a cause of acute kidney failure, so make sure you know what you’re dealing with.”

More information can be found a www.about-ecoli.com.

Boston E. coli Illnesses Appear be Part of Multi-State Outbreak

An outbreak of the highly toxic strain of E. coli O157:H7 in the Boston area appears to be part of a multi-state outbreak that has sickened more than 50 people in seven states.  The E. coli in the six confirmed illnesses in Boston has the same genetic fingerprint as the illnesses in Ohio, Michigan, Kentucky, Indiana, New York, Georgia, and Utah.  Those illnesses have been traced to contaminated beef from Nebraska Beef, Ltd. of Omaha.

“This outbreak has put people into Intensive Care Units,” said food safety advocate and attorney William Marler.  “The meat inspection system has somehow come completely off the rails, with more than 40 million tons of contaminated beef recalled in just the last year and a half.  As scary as that number is, what’s even scarier is that only a tiny percentage of that recalled meat is actually recovered, and people are still getting sick.  Outrage isn’t enough—we need reform, and we need it immediately.”

E. coli is often contracted by consuming food or beverage that has been contaminated by animal (especially cattle) manure.  The majority of food borne E. coli outbreaks has been traced to contaminated ground beef; however leafy vegetables that have been contaminated in fields or during processing have been increasingly identified as the source of outbreaks.

The first symptom of E. coli infection is the onset of abdominal pain and severe cramps, followed within 24 hours by bloody diarrhea.  This is hemorrhagic colitis, and it typically occurs within 2 to 5 days of ingestion of E. coli; however the incubation period—the time between the ingestion of E. coli bacteria and the onset of illness—may be as broad as 1 to 10 days. 

“If you’re experiencing these symptoms, it is critical to visit your healthcare provider, because an E. coli infection can make you very, very sick,” Marler continued.  “In some instances E. coli infection can lead to hemolytic uremic syndrome (HUS), a cause of acute kidney failure, so make sure you know what you’re dealing with.”

Detailed information on E. coli infection, symptoms, and treatment can be found on the website www.about-ecoli.com.

Salmonella Saintpaul Lawsuit Filed Against Wal-Mart

The first lawsuit stemming from the Salmonella outbreak that has sickened 1319 people, hospitalized 255 and caused the death of 2 in 43 states, the District of Columbia and Canada was filed today in the District Court of Montezuma County, Colorado.  The complaint was filed on behalf of Delores, Colorado resident Brian Grubbs against Wal-Mart and an unknown supplier, referred to as “John Doe”.  Mr. Grubbs is represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and by Colorado attorney David Woodruff of Hillyard, Wahlberg, Kudla & Sloane.

The lawsuit states that the Grubbs family purchased raw jalapeno peppers from the Wal-Mart Supercenter in Cortez, Colorado in late June, and that Mr. Grubbs ate them over the next week.  He fell ill on July 3, experiencing nausea, vomiting, fever, chills, and diarrhea.  Over the next several days, Mr. Grubbs’ condition continued to worsen; he lost a great deal of weight, was severely dehydrated, and could not walk without assistance.  His wife drove him to the Northern Navajo Medical Center in Shiprock, New Mexico, where he was treated for dehydration and decreased kidney and liver functions.  Samples taken at the time later revealed that he was positive for salmonella Saintpaul.

“Consumers believe that retailers like Wal-Mart know the quality and safety of products they sell,” said William Marler, the Grubbs’ attorney.  “Retailers benefit from that trust, and must be held accountable for the products they sell.”

The Grubbs family still possessed some of the peppers that Mr. Grubbs had consumed, and provided them to authorities.  Tests revealed that the peppers were tainted with salmonella Saintpaul, and provided one of the first reported physical links in the three-month-long search for the source of the outbreak.

Salmonellosis illnesses from the Saintpaul strain began showing up in Texas and New Mexico in late April, and in early June the CDC linked those illnesses to raw tomatoes and issued consumer warnings.  Advisories were widened to include foods commonly consumed with tomatoes, such as peppers, cilantro, and onions, then narrowed to raw jalapeno and serrano peppers.  On July 30, the FDA confirmed the presence of salmonella Saintpaul at a farm in Mexico, both in irrigation water and on produce.  The investigation is continuing.  (A full timeline of the outbreak can be found here.)

Salmonella is a bacterium that causes one of the most common intestinal illnesses in the US: salmonellosis infection.  It can be present in uncooked or undercooked meat, poultry, eggs, or unpasturized dairy products, as well as other foods contaminated during harvest, production, or packaging.  Symptoms can begin 6 to 72 hours from consumption, and include diarrhea, abdominal cramps, fever, nausea, and/or vomiting.  In most victims, symptoms will lessen over a period of 10 days to 2 weeks, although it may take months for body functions to return to normal.  In others, the infection can lead to more severe illnesses such as typhoid fever and bacteremia.  There are many strains of the bacterium; salmonella Saintpaul is a fairly common serotype, but the specific subtype, or fingerprint, associated with this outbreak is very rare. 

E. coli Lawsuit Filed Against Missouri Raw Milk Distributor

A lawsuit was filed yesterday in the Circuit Court for Barry County, Missouri against Soni Copeland and the Herb Depot and Organic Market.  The petition was filed on behalf of Monett residents Brian and Angela Pedersen and their young son, Larry.  The Pedersen family is represented by Marler Clark, a Seattle law firm dedicated to representing victims of foodborne illness, and by Aleshire, Robb, and Sivils of Springfield, Missouri.

The lawsuit states that in April, 2008 Angela Pedersen purchased raw milk from the Herb Depot and Organic Market in Monett, where she was encouraged to give it to her son Larry, then one year old.  In late April, Larry Pedersen began to suffer from symptoms including vomiting, bloody diarrhea, and abdominal cramps.  He was admitted to the hospital in Aurora, Missouri, where he tested positive for E. coli O157:H7 and subsequently developed HUS, or Hemolytic Uremic Syndrome, a severe and life-threatening complication.  On May 10, 2008 he was transferred to the St. Louis Children’s Hospital, where he remained until May 29.  As a result of his infection and illness, he has suffered severe and permanent injuries.

Raw milk regulation is determined at the state level and varies widely across the country.  In Missouri, raw milk can legally be sold at the point of production (the dairy farm) or delivered personally by the farmer, but may not be sold by retail establishments such as the Herb Depot.  As a state law was violated, the Missouri Attorney General’s office has also filed suit against Soni Copeland and the Herb Depot.

Raw milk is at the center of a nationwide controversy over its potential value as a nutritional food versus the severe illnesses that can result from contaminated product.  Pasteurization was developed to rid dairy products of pathogens like toxic E. coli, as well as to assure a longer, safer shelf life.  Proponents of raw milk believe that pasteurization also eliminates healthful benefits of the dairy product. 

“Raw milk is too often suggested to those who have the least resistance to food borne illness—the very young, the very old, and the very sick.” said David Babcock, the Pedersen’s attorney.  “Their immune systems just can’t fight off any pathogens that are present, and terrible illnesses can ensue.  The Pedersons gave their son what they had been led to believe was a beneficial food, and now he will have health issues for the rest of his life.”

William Marler Calls for Public Meat Inspection Records

Food safety advocate and attorney William Marler is calling on the Meat Industry and the USDA Food Safety Inspection Service (FSIS) to make the inspection reports from meat processing facilities visible and easily available to the public so that consumers—in including grocery stores and restaurants—can make informed choices on which products they want to purchase.

“During the last decade, the number of city and state health departments that post restaurant inspection results online has increased significantly, said Marler from his office in Seattle.  “Moreover, in places like Los Angeles County, all restaurants regularly receive either a letter-grade or inspection-score, and these must be prominently posted near the entrance to the restaurant.  The primary goal of these efforts is to motivate restaurants to improve sanitation and food-handling practices so that fewer people get sick.  When faced with a choice between dining at a restaurant that received a C-grade versus an A-grade, it is pretty much a no-brainer that people are going to be more inclined to spend money at a restaurant with a higher grade!

“But if making this kind of information easily available is such a no-brainer, why then does the FSIS make it so difficult for the public to find out the results of thousands of inspections it performs everyday in meat plants across the country?  In 2005, FSIS employed over 7,600 inspection program personnel in about 6,000 federally inspected establishments nationwide with an annual cost of $815.1 million.  That is a lot of money to spend on inspections given that the public does not currently have any way by which to gain easy and timely access.

“Right now, for all meat products made in a USDA-inspected plant, the plant’s establishment number must appear on the label with the mark of inspection.  But if a consumer trying to decide what brand of frozen hamburgers to buy wants to compare one plant’s inspection records with another, the only way copies of the inspection reports (called Noncompliance Records, or NR’s) can be obtained is by making a request under the Freedom of Information Act (FOIA).  These FOIA requests can, however, take years to be processed.  And so usually it is only after there has been a big outbreak and recall—like the recent ones involving Topps or Nebraska Beef—that the public learns about how many times a plant has failed an inspection, or been found to be in violation of safety regulations. 

“Consumers should know the record of the company responsible for any meat they purchase,” sums up Marler.  “We’ve paid for the inspections—we’re owed that much, at least.”

Food Safety in the United States - A Letter to Congress

RE: Food Safety in the United States

Dear U.S. Congress Member:

I am writing to you because the American people are losing confidence in the U.S. government’s ability to keep our food supply safe.

As you know, there is presently an outbreak of a Salmonella strain known as Saintpaul that has made more than 1,250 people sick in forty-three states, put 228 in hospitals, and contributed to the deaths of two elderly men.  It is the largest fresh produce outbreak in two decades.  The source of the outbreak remains, in part, a mystery.  A two-month-long federal investigation has been able to tell us only that jalapeño peppers (and possibly tomatoes and cilantro) are causing part of the outbreak.

However, the present multi-state E. coli O157:H7 outbreak is even more dangerous and demands the Agriculture Committee’s full attention.  Omaha’s Nebraska Beef Ltd. has spread E. coli contaminated beef across the country to its various suppliers, all under the guise that existing USDA policy supposedly states that it is all right to sell tainted meat as long as it was ‘intact’ when it left the plant.  So far, there are nearly sixty ill in Michigan, Utah, Georgia, New York, Indiana and Ohio.  Some women in Georgia and Michigan have been in the hospital for over a month.  5.3 million pounds of meat has been recalled.

From 2003 until 2007, E. coli illnesses from fresh produce - spinach, lettuce, and sprouts - dominated my practice.  After ConAgra recalled 19.3 million pounds of hamburger in 2002, I thought that E. coli in beef had been brought under control.  In 2006, federal recalls involved just 181,000 pounds of meat, down from 23 million pounds in 2002.  However, since the spring of 2007, we’ve seen an explosion of nearly 40 million pounds of beef recalled because it was contaminated with E. coli O157:H7.  That’s nearly twenty thousand tons.  Hundreds have been sickened and I am back in the beef business.

I fear we are at a tipping point.  If this situation is allowed to further deteriorate, the public harm is going to be immeasurable – both in terms of lives damaged and businesses lost.

After the 1993 Jack-in-the-Box outbreak that killed four children and sickened nearly 700 in several states, the Food Safety & Inspection Service responded by creating and aggressively enforcing the Mandatory Risk Management System.  Based on the research and practices of the U. S. space program, the new risk management system established check points at every phase of meat processing.  And more importantly, the presence of E. coli was defined as an adulterant under the Federal Meat Inspection Act.  It took years for those changes to be adopted and accepted, but progress - significant progress - was made.  Until the spring of 2007, E. coli-related illnesses were falling and recalls became a rarity.

We need immediate and aggressive Congressional oversight and support of the Food Safety & Inspection Service of USDA, the U.S. Food and Drug Administration, and the Centers for Disease Control.  Here are my suggestions for where Congress should focus its efforts:

Improve disease-surveillance so that we can better identify and trace what foods are making people sick.  The frontlines of the medical community need to be encouraged to routinely test for foodborne pathogens and promptly report findings to local and state health departments and the CDC.

Government agencies, at all levels, need to learn to “play well together.” Turf battles like those we see between state health departments and the USDA need to stop so we can track illness to its source.  Without effective traceback, companies are not held responsible, and thus have no incentive to stop selling tainted food.

Increase inspections.  While domestic production remains a problem, imports pose an increasing risk, especially if terrorists get into the act.  Food must be inspected before it enters our country, and we need more inspectors, better technology, and better training to do this effectively.

Reform federal, state and local agencies to be more proactive, and less reactive.  This will require agencies to be properly funded, and also held accountable.

Modernize food safety statutes by replacing the present conflicting laws and regulations with one uniform food safety law that puts public safety first.

Increase legal consequences for causing foodborne illness and death.  We don’t need to impose the death penalty, as China did recently.  But we should impose serious consequences for companies who don’t do enough to keep their products safe, especially if they are repeat-offenders.

Use advanced technology to make food traceable from farm-to-table.  Then, when an outbreak occurs, authorities can quickly identify the source, limit the numbers of people injured or killed, and stop the disruption to our economy.

Promote university research to develop better technologies to make food safe, and for testing foods for contamination.

Provide economic incentives, like tax breaks, to companies that push food safety, and invest in research and training.

Improve consumer understanding of the risks of food-borne illness.

I hope that you will act upon these recommendations.  The 76 million Americans who suffer from food-borne illnesses annually—including 325,000 who require hospitalization, and the families of the 5,000 who die—would all be grateful.

Sincerely,

William D. Marler

Georgia Lawsuit Filed in National E. coli Outbreak

The first Georgia lawsuit stemming from national E. coli outbreak linked to seven states was filed today in the U.S. District Court for the Middle District of Georgia, Valdosta Division against Nebraska Beef Limited.  The complaint was filed