Marler Clark, Attorneys at Law L.L.P., P.S.

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Nestle Toll House Cookie Dough E. coli Outbreak - Nationwide

Public health officials from several states and the Centers for Disease Control and Prevention (CDC) began investigating an E. coli O157:H7 outbreak with a common source in March of 2009.  By June 18, the CDC had reported 69 E. coli cases in 29 states with a common source, and on June 19, 2009 Nestle recalled its Nestle Toll House prepackaged refrigerated cookie and brownie dough products for possible E. coli O157:H7 contamination.

The Food and Drug Administration (FDA) stated in a press release:

The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7 (a bacterium that causes food borne illness). 

The FDA advises that if consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home that they throw them away. Cooking the dough is not recommended because consumers might get the [E. coli] bacteria on their hands and on other cooking surfaces.

Nestle USA initiated a voluntary recall of many uncooked cookie dough products on June 19, 2009.  The Nestle press release contains a list of recalled products, with production codes.  The company also closed half of its Danville, Virginia, plant - the half of the plant that makes Nestle Toll House refrigerated cookie dough.  According to a company spokeswoman, the Danville plant is responsible for the majority of Nestle Toll House refrigerated cookie dough production.

On June 22, the Marler Clark law firm filed the first E. coli lawsuit against Nestle USA in connection with the Nestle Toll House refrigerated cookie dough E. coli outbreak on behalf of a young California woman. The next day, the E. coli lawyers filed a second lawsuit against Nestle USA on behalf of a Colorado child who became ill with an E. coli infection and hemolytic uremic syndrome (HUS), a serious complication of E. coli infection that can lead to kidney failure, after eating Nestle Toll House cookie dough in April.  The firm filed a third cookie dough E. coli lawsuit against Nestle USA on behalf of a Washington victim on June 24. 

FDA officials announced on June 29, 2009 that E. coli O157:H7 had been isolated from a 16-ounce Toll House refrigerated chocolate chip cookie dough bar that was produced at the Danville, Virginia Nestle plant.  On July 9, FDA further announced that three strains of E. coli O157:H7 had been isolated from cookie dough products, but that the investigation into the source of E. coli in the Nestle USA plant would likely not reveal the source of contamination.

Nestle USA announced on January 13, 2010 that two samples of its Toll House refrigerated cookie dough made at a Virginia factory tested positive for E. coli bacteria despite rigorous safety measures put in place after a recall of the product last summer. They also announced that no dough had left the factory so there was no need for a recall.

The Marler Clark Network