Food Poison Journal - Food poisoning outbreaks and litigation: surveillance and analysis

This is a press release being distributed by Marler Clark:

Seattle--- “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:

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

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

•    in 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:

 

The CSPI data base can be found here.

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."

BACKGROUND: Marler Clark has extensive experience representing victims of E. coli bacterial infections. The firm has represented over 1,000 E. coli victims since 1993, when William Marler represented HUS survivor Brianne Kiner in her $15.6 million E. coli settlement with Jack in the Box. Since that time, Marler Clark has represented victims of E. coli outbreaks traced to ConAgra, AFG, Cub Foods, Supervalu, Carneco, Excel, Topps, Stop & Shop and other ground beef suppliers. 

Contact:  William D. Marler – 1-206-794-5043, bmarler@marlerclark.com.
 

Mr. Marler wrote: Aunt Mid's Produce Company E. coli Linked to Lettuce in Michigan Illnesses on his blog.  Go there or look below for information on the Michigan outbreak.

China's melamine scandal hasn't exactly reached the United States yet, but you can now see it from here.   The U.S. Food & Drug Administration this morning issued a warning about "Mr. Brown" instant coffee and milk tea products made in the PRC. 

Business Week sums up the extent of the melamine crisis: In China, more than 50,000 children—most of them babies—have fallen ill and more than 13,000 have been hospitalized. Several Chinese children have died so far.

From FDA's statement today:

...FDA is alerting consumers that seven Mr. Brown instant coffee and milk tea products manufactured in China are being recalled by the King Car Food Industrial Co. Ltd. due to possible contamination with melamine.  The products, manufactured by China’s Shandong Duqing Inc., are:

• Mr. Brown Mandheling Blend Instant Coffee (3-in-1)
• Mr. Brown Arabica Instant Coffee (3-in-1)
• Mr. Brown Blue Mountain Blend Instant Coffee (3-in-1)
• Mr. Brown Caramel Macchiato Instant Coffee (3-in-1)
• Mr. Brown French Vanilla Instant Coffee (3-in-1)
• Mr. Brown Mandhling Blend instant Coffee (2-in-1)
• Mr. Brown Milk Tea (3-in-1)

The FDA recommends that consumers not consume any of the above Mr. Brown instant coffee and milk tea products. The FDA also recommends that retailers and foodservice operators remove the products from sale or service.

FDA says testing of milk products being imported to the United States has not found melamine contamination.

Others, however, have not been so lucky.  FDA says:  The New Zealand Food Safety Authority reports that its testing of White Rabbit Creamy Candies has shown melamine contamination at high levels.

In light of the widespread contamination of milk and milk-based products in China and the New Zealand Food Safety Authority’s finding, the FDA recommends that consumers not eat White Rabbit Creamy Candy and that retailers and foodservice operations remove the product from sale or service.

See the rest of the FDA statement here.

The tainted baby formula that has been blamed for killing four infants and sickening 6,200 in China since the scandal broke last week.  About 1,300 babies, mostly newborns, are in hospitals and 158 of them are suffering from acute kidney failure.

Today, the U.S. Food and Drug Administration (FDA) stepped up with a word of assurance for Americans and a note of caution for Chinese-American communities.

The FDA said "there is no known threat of contamination in infant formula manufactured by companies that have met the requirements to sell such products in the United States." 

But  FDA "also warned members of Chinese communities in the United States that infant formula manufactured in China, possibly available for purchase at Asian markets, could pose a risk to infants.

Since issuing a Health Alert on Sept. 12th, FDA said it had contacted the companies who manufacture infant formula for distribution in the United States and received information from the companies that they are not importing formula or source materials from China.

At the same time, the FDA—in conjunction with state and local officials—began a nation-wide investigation to check Asian markets for Chinese manufactured infant formula that may have been brought into the United States. In particular, this effort focused on areas of the country with large Chinese communities, such as Los Angeles, San Francisco, Seattle and New York.

To date, investigators have visited more than 1,000 retail markets and have not found Chinese infant formula present on shelves in these markets.

In addition, the FDA is advising consumers not to purchase infant formula manufactured in China from internet sites or from other sources.

For today's statement from FDA, go here.

U.S. News & World Report just issued a "fair and balanced" article looking into irradiation of food.  It's found under the headline: The Basics on the Foodfight Over Irradiation: Should you look for the "radura" symbol?  Check it out here and do not forget to read the comments.