William Marler Oped - If I were a CEO of the Salmonella Egg producer, what would I do?
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Imagine that the phone call comes or an email pops into your inbox--"Sir, we have been contacted by (you pick: CDC, FDA, USDA, or a state or local health department), and they say your product (lettuce, raw milk, a frozen dinner or now eggs) has been linked to illnesses. What do we do?"
So, what do you do?
After being involved in every major (and a few minor) food poisoning outbreaks since the Jack in the Box outbreak of 1993, I have seen it all. I have seen good CEOs act badly and make their and their company's problems worse and I have seen bad CEOs handle the outbreak with such aplomb that they become associated with both food safety and good PR. So, what do you do?
Of course, it is always best to avoid the outbreak to begin with. When I have spoken to CEOs or their Boards--generally, pre-outbreak and pre-lawsuit--I always pitch them on "why it is a bad idea to poison your customers." Putting safe food as the primary goal--yes, alas, even before profits--will (absent an error) give you a very, very good chance of never seeing me on the other side of a courtroom.
But, what if despite your best efforts, or what if you simply did not care, and an outbreak happens, what do you do?
First, have a pre-existing relationship with the folks that regulate you. If someone holds your business in the palm of his or her hand, you should at least be on a first name basis. No, I am not suggesting that you can influence your way out of the outbreak, but knowing who is telling you that your company has a problem allows you the ability to get and understand the facts. Do regulators and their investigators make mistakes? Perhaps, but not very often and not often enough to waste time arguing that your company did not poison customers.
Second, stop production of the implicated product and initiate a recall of all products at risk immediately. This procedure should have been practiced, and practiced, and practiced before. All possibly implicated suppliers should be alerted and all retailers should be offered assistance. Consumers need to be engaged too. The goal now is to get poisoned product out of the marketplace and certainly out of the homes of consumers.
Third, launch your own investigation with two approaches, and at the same time. Are the regulators correct? And, what went wrong? Tell everyone to save all documents (you have to anyway). The goal here is to get things right. If it really is not your product, what has happened is bad, but survivable. If it really was your product, then learning what happened helps make sure it is likely to never happen again. More than anything, be transparent. Tell everyone what you find--good or bad.
Fourth, assuming that the outbreak is in fact your fault, publicly admit it. If it is not your fault, then fight it. However, pretending that you are innocent when you are actually at fault will get you nowhere. Asking for forgiveness is not a bad thing when you have something to be forgiven for. Saying you are sorry is not wrong when you are in fact wrong.
Fifth, do not blame your customers. If you food has a pathogen it is not your customers responsibility to handle it like it will likely kill them or a member of their family. Hoping that the consumer will fix your mistake takes your eye off of avoiding the mistake in the first place.
Sixth, reach out to your customers and consumers who have been harmed. Offering to pay legitimate losses will save money and your company's reputation in the long run.
Seventh, teach all what you have learned. Do not hide what you have learned. Make your knowledge freely available so we all limit the risk that something similar will happen again.
Yes, you can do all of the above and still get sued. And, I might be the one to sue you. Yet, companies who have followed the above find their passage through an outbreak, recall, and litigation temporary. The companies that struggle for unfounded reasons will seldom exist in the long run, or they will simply pay me more money.
packages of Frozen Mamey Pulp, due to a potential health risk from 
Council. I liked the quote:.jpg)
cow to have raw milk," by Erin Duerr. In the article she proclaims that the "best" way to get your dairy is "raw milk at the source." She does manage to mention that raw milk "comes with conflicting information about the health benefits or dangers." The article though, contains only a link to the website for 
Eight confirmed and two suspected cases of E. coli bacteria were reported Friday in Ellensburg by the Kittitas County Public Health Department, an increase of three from Thursday. Eight of the 10 cases were in children who attend Creative Kids Learning Center or Little Tot Town day care centers, which the health department closed Wednesday. About 120 children attend the two facilities, and nearly 70 of them are awaiting test results. Before they can return to any day care facility, the state Department of Health is requiring one negative test. Two negative tests are required from those exhibiting E. coli symptoms in the past three weeks.
unsafe conditions that could lead to illness...FDA inspectors have cited numerous catering facilities that prepare airline food for suspected health and sanitation violations following inspections of their kitchens this year and last, according to inspection reports obtained through the Freedom of Information Act..jpg)
prevented if authorities had acted earlier and taken the outbreak more seriously" according to 
Beyond our own passion in representing those seriously injured in foodborne illness outbreaks, we also enjoy encouraging others to become involved in food safety..jpg)
consumption rates for raw milk. At the time of the study, 3.2% of the 4000 California residents polled reported drinking raw milk in the past year. Both then and now, the retail sale of raw milk was legal in California. 
Although it is a rare illness, infant .jpg)
The Star-Tribune article was following up on an outbreak of .jpg)
The findings of an 
nausea, headaches and chest pain. The workers were apparently using chemical dispersants to counter the spill.
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According to the USDA, the estimates "include assumptions about disease incidence, outcome severity, and the level of medical, productivity, and disutility costs." The calculator allows a user to input different assumptions and see how the total cost would be affected. 
The occasional presence of E. coli O157:H7 in fecal samples of wildlife species including cowbirds, coyotes, crows, mice and feral pigs was reported. 
labels that were produced by Caldwell Fresh Foods of Maywood, California."
The study found 450 cases of diarrheal illness in Malta occurring each day, at a cost of 16 million Euros. It was also reported that cases of diarrheal illness increase in May, with the rise in temperature, peaking in the summer months. The study looked at an 18 year period of illnesses from 1990-2008. Part of the increase was blamed on increased outdoor activities involving food such as barbecues..jpg)
has been the debate over the true risks and benefits associated with the product. The website is designed to address that controversy:
The Missouri Department of Health and Senior Services (DHSS) has .jpg)
The long history connecting leafy greens to outbreaks of pathogenic E. coli is well .png)
Hemolytic uremic syndrome is a severe, life-threatening complication of an E. coli bacterial infection that was first described in 1955, and is now recognized as the most common cause of acute kidney failure in childhood. E. coli O157:H7 is responsible for over 90% of the cases of HUS that develop in North America. In fact, some researchers now believe that E. coli O157:H7 and other shiga toxin E. coli, like O145, are the only cause of HUS in children..jpg)
Ongoing outbreak and recall of Romaine Lettuce tainted with .jpg)
"NOAA scientists are on the ground in the area of the oil spill taking water and seafood samples in an effort to ensure the safety of the seafood and fishing activities," said Dr. Jane Lubchenco, NOAA Administrator, who met with more than 100 fishermen in Louisiana's Plaquemines Parish on Friday night. "I heard the concerns of the Plaquemines Parish fishermen as well other fishermen and state fishery managers about potential economic impacts of a closure. Balancing economic and health concerns, this order closes just those areas that are affected by oil. There should be no health risk in seafood currently in the marketplace."
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State Senate in March has now passed the house, and is now headed to Governor Crist for signature. It was .jpg)
number of high-profile foodborne pathogens:
Kyle Wolden, a nine year old boy from Mount Vernon, Washington and the son of a baseball coach at Stanwood High School, got to run the bases at Safeco Field before the Seattle Mariners' game yesterday. 45,876 fans of Seattle Mariners baseball became even bigger fans of Kyle's, and now probably have a better understanding of what 
HUS illnesses are a frequent cause of death in children and the elderly; and other, life-altering illnesses and conditions as well. Stephanie Smith is another HUS victim who was sickened by 
remain closed while workers continue to undergo testing, according to a 
Sanitiation is particularly important in daycare settings. In August, 2000, an 
The FDA provided this identifying information on the recalled product:
Yesterday, Montana Senator Jon Tester introduced a bill to amend the Federal Meat Inspection Act (FMIA) to require the USDA to conduct traceback investigations whenever a pathogen (called an "adulterant" under the FMIA) is found in meat distributed, or intended for distribtuion, in interstate commerce.
officials raised concerns that the implicated product might instead be tomatoes. As a result, U.S. tomato growers, particularly in Florida, were hard hit as sales and shipments slowed. 
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Sprouts are a food item that have been associated with outbreaks of foodborne disease on multiple occasions in the past decade, including a 
According to David Gumpert, blogger at the 
There is some speculation that the cessation of sales had something to do with a Marler Blog post several months ago - 
One of the most disheartening aspects of the syndrome, however, is the irreversible damage done to the kidneys during the acute stage. The damage sustained in the short term then places the patient at risk for long term renal complications, including end stage renal disease (ESRD). That damage to the kidney is referred to as a "hyperfiltration injury."
Yet another food recall due to Salmonella contamination. This one was announced this morning by Johnny's Fine Foods, a Tacoma, Washington food company, who is recalling powdered au jus due to potential contamination by Salmonella. The 
The Centers for Disease Control (CDC) has announced that 
Tongue firmly planted in his cheek, .jpg)
Yesterday, the USDA and FDA released a joint statement on their intent to coordinate efforts to achieve better produce safety. See 
On February 12, 2010, Huntington Meat Packing, Inc., expanded its January 18, 2010 beef recall to include approximately 4.9 million pounds of beef and veal products that it produced in 2009 and the first few days of this year. This expanded recall brings the grand total of beef products recalled since November 2009 (just 3 and a half months) to 5,672,000 pounds.
The U.S. Department of Agriculture announced sweeping steps Thursday to "assure the safety and quality of food" purchased for the National School Lunch Program.
The FDA posted an .jpg)
On February 5, 2004, the 
President Obama today announced his intent to nominate Dr. Elisabeth Hagen as the U.S. Department of Agriculture's Under Secretary for Food Safety. Hagen will serve with Agriculture Secretary Tom Vilsack.
The CDC has announced that 184 people have been sickened in 38 states with Salmonella Montevideo caused by “a widely distributed contaminated food product.” The FSIS and Daniele have now recalled 1,240,000 pounds of ready-to-eat varieties of Daniele Italian sausage products, including salami/salame, because they may be contaminated with Salmonella. The products were sold online and at Costco, Kroger (including Fry's, QFC, Ralphs, Fred Meyer, and Smith's Food & Drug), Wal-Mart, Sam’s Club, Stop & Shop, Amazon, ShopRite and Giant/Martin's). The FSIS noted that Daniele voluntarily recalled all products associated with black pepper, which, according to the FSIS, the company believes is a possible source of contamination. If in fact it is the black pepper will the FDA soon be involved too?
Counting Friday's sausage recall by Daniele International, Inc., food companies have recalled at least 2,880,000 pounds of meat products since November 2009 due to contamination by E. coli or Salmonella. 
We hear about them so often these days--recalls of all kinds of products, from foods, to medications, to kids toys--that "recall" has become a working concept in everybody's vocabulary. But what is a recall? Who has the legal obligation to announce them? And what legal ramifications are there ot being involved in one? (1).png)
Lauren Beth Rudolph died on December 28, 1992 in her mother’s arms due to complications of an E. coli O157:H7 infection - Hemolytic Uremic Syndrome. She was only 6 years, 10 months, and 10 days old when she died. Her death, the deaths of three other children, and the sicknesses of 600 others, were eventually linked to E. coli O157:H7 tainted hamburger produced by Von’s and served at Jack in the Box restaurants on the West Coast during late 1992 and January 1993. Roni Rudolph, Lauren’s mom, I have known for 17 years.
TradingMarkets.com reports another development in the food industry's fight against E. coli contamination:
So how does the principle of strict liability--i.e. liability without regard to fault--which is applicable in foodborne illness cases, apply to bottles of Tylenol that make people sick? The answer: very well.
Trent Rowe reported yesterday on .jpg)
As the newly appointed deputy commissioner for food safety at the FDA, Michael Taylor has a lot on his plate. Many different things to accomplish, not least of which a ramped up, more proactive approach to food safety within the agencies of government. Perhaps the creation of a unified governmental body for all things food safety? Maybe giving the USDA and FDA the legal authority to recall products themselves, rather than rely on conflicted food manufacturing companies to do it themselves when they learn about a problem. Stiffer penalties, including personal liability, for reckless or willful corporate conduct that ends up causing an outbreak?
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About Shigella 
The 
The Meat Trade News Daily misses only a couple major food safety issues (i.e. outbreaks) in yesterdays summary of ten major food stories in 2009. In the blog post, titled "USA - Food Safety a Bloody Disgrace," MTND includes: 
Yes, even wooden shipping pallets. These days, it seems that nothing is immune from being linked to an outbreak of foodborne disease. Spinach, lettuce, sprouts, peanut butter, cookie dough, pizza, shellfish . . . everything. And now, a pharmaceutical recall highlights the potential risks posed by something as seemingly innocuous as wooden shipping pallets. 
Over at 
So, how often are our steaks penetrated or hammered? As you can imagine, that information is not that readily available. It is hard to see that as a positive spin on the menu at your favorite restaurant. 
And, Why? According to another industry publications, tenderness is the most important factor affecting consumer ratings of beef. Beef tenderness is affected by two primary factors called background tenderness and protein (muscle fiber) tenderness. 
Why should we care? A 2005 study found the incidence of E. coli O157:H7 on surfaces of beef cuts intended for blade/needle tenderization by Warren-Serna et al. (2002) revealed a 0.2% occurrence on 1,014 cuts from six packing plants or purveyors geographically dispersed throughout the U.S. The fact that E. coli O157:H7 does (albeit rarely) occur on beef primal/subprimal cuts generates risk of its entry into cuts when blade/needle or moisture-enhancement tenderization technologies are used, and its probability of occurrence is dramatically increased if improper cleaning/sanitizing of equipment is practiced. Gill and McGinnis (2004) collected 25 samples from four grocery stores, two of 100 samples, both from the same store, had detectable levels of E. coli on the internal surface of the product, further indicating that the risk of transferring E. coli O157:H7 to the interior of muscle samples is low and often dependent on site specific cleaning and sanitation programs. Blade tenderization has been found to transfer 3 to 4% (Hajmeer et al., 2000; Phebus et al., 2000) or 1 to 7% (Lambert et al., 2001) of surface contamination to the interior of the muscle; needle injection (during enhancement) results in 4 to 8% translocation of surface contamination to the center of the cut (Lambert et al., 2001).
Every time an E. coli O157:H7 outbreak occurs, we get yet another reminder how devastating the bacteria can be, particularly when it causes hemolytic uremic syndrome (HUS). See .gif)
List Follows Yesterday’s Naughty Entries
by 
I know my friends over at 
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San Link Inc at 54B Marjorie Street Staten Island, NY 10309 is recalling Vacuum Pack Dried Krasnoperka (fish) because the product was found to be uneviscerated.
The Massachusetts camp where food made Rhode Island middle school children ill has said that officials linked the illnesses to hamburger, but no recall has yet been issued for the tainted meat. Foodborne illness expert and attorney Bill Marler today called upon the USDA and Massachusetts Department of Agriculture to share their findings with consumers and ensure that all the contaminated meat is removed from the food supply..jpg)
The Oregon Department of Agriculture and the Oregon Department of Fish and Wildlife announce the closure of the entire Oregon Coast to recreational mussel harvesting, from the mouth of the Columbia River to the California border, due to elevated levels of paralytic shellfish toxins (PST).
After issuing a request for readers of the New York Times to submit their favorite rules about eating well, author Michael Pollan, of The Omnivore's Dilemma fame, has posted twenty of his favorites. He starts with my personal favorite, "Don't eat egg salad from a vending machine." No really, please don't.
Objective: To evaluate ground beef handling practices and the use of irradiated ground beef in restaurants.
Leafy greens, eggs, and tuna are on the top of a list of 10 riskiest foods regulated by the US Food and Drug Administration. Those and seven other foods account for nearly 40 per cent of all food-borne outbreaks linked to FDA - regulated food. "That's no reason to forego the occasional salad Niçoise," said the Center for Science in the Public Interest (CPSI), which authored the report, "nor needs one pass up tomatoes, sprouts, and berries, even though those foods are also on the list." But the non-profit watchdog group says the presence of so many healthy foods on such a list is exactly why the United States Senate should follow the House and pass legislation that reforms the fossilised food safety laws..jpg)
A Florida woman who runs an organization called 
Clostridium difficile, colloquially known as "C Diff," is 
Nestle on Food Safety Politics
Former Under Secretary For Food Safety Speaks Up
Food safety News has some great interviews and more to come.
The State Department of Agriculture has closed the entire Oregon coast to recreational mussel and clam harvesting because of the risk of toxins that cause paralytic shellfish poisoning. Agency spokesman Bruce Pokarney said Monday that most of the north and central coast had already been closed to mussel harvesting and the state has banned razor clam harvesting since midsummer for conservation reasons.
I haven't been in half as many living rooms as the partners at Marler Clark have, but I've certainly seen a lot of suffering over the past six years, doing what we do. Kids on dialysis; adults suffering in the miserable comfort of a hospital bed after having big pieces of their intestines surgically removed; and the permanently reddened eyes of elderly widows who have lost their World War II hero husbands of 50 years. And, today I visited .jpg)
My guess is that this particular person had never seen the inside of an intensive care unit. He's never seen a young mother who was just told that her first born will lose his kidneys by the time he's 21, and he's sure as hell never come face to face with a girl who can't even walk because she ate a hamburger..jpg)
Q & A with Bill Marler, managing partner of Marler Clark LLP:.jpg)
The CDC estimates that foodborne pathogens cause 76 million cases of gastrointestinal illness every year. 325,000 of these illnesses require hospitalization, and about 5,000 people die annually. (See Paul S. Mead, et al., Food-Related Illness and Death in the United States, 5 Emerging Infect. Dis. (No. 5) 607, 614 (1999)). It is estimated that the five most common foodborne pathogens alone cause a loss of $6.9 billion annually in medical expenditures, productivity losses, and the costs of premature death. (See Crutchfield, S.R. and T. Roberts, “Food Safety Efforts Accelerate in the 1990s,” FOOD REVIEW, 23,3:44-49,(2000)) But what these staggering statistics don't account for are the personal economic costs and physical losses that some victims of foodborne disease (i.e., the permanently injured) face in the future. These losses can be astronomical, both economically and personally.
The 2000 movie called “The Perfect Storm” loosely chronicled the destruction of an Atlantic nor’easter that formed due to the random convergence of several destructive weather patterns. Twelve people died in the storm, including six sword fishermen aboard the Andrea Gail (captained by George Clooney’s in the movie). Today is September 14, 2009, marking three years since the convergence of another set of tragic circumstances, ending in hundreds of millions of dollars in damages, many lives lost, and many more lives changed forever: the 2006 Spinach E. coli outbreak.
Betty Howard was born on September 14, 1923 in Sharon Springs, Kansas. She graduated high school in Salina, Kansas in 1941. Like others of the GI Generation, during World War II Betty did her part by working in a gunpowder plant in Oklahoma. After the war, she moved to Yakima, Washington, where she met John W. Howard. The striking young couple married on February 26, 1947.
June Dunning was born on June 20, 1920 in Catford, England. She met her future husband, Arthur Gordon Dunning, a US citizen born to British parents, some years later while working in London. Arthur was then working at Scotland Yard. June and Arthur married in Sussex, England on April 24, 1943.
Ruby LaFon Trautz was born in the back seat of a car on February 2, 1925 in Manzanar, California. She was the second of four girls born to working class parents, Maude and Paul LaFon. Typical of the era, Maude was a homemaker and Paul, Ruby’s much-beloved father, worked construction.
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On Tuesday, the FDA certainly took a step in the right direction by implementing the Reportable Food Registry, under federal regulations codified at 
Escherichia coli 026 is known as a verocytotoxin-producing E. coli (VTEC) organism that causes severe foodborne diseases such as hemorrhagic colitis and hemolytic uremic syndrome. Although cattle are the most important reservoir of VTEC, only a few reports on the role of water buffalo (Bubalus bubalis) as a reservoir of VTEC and on the presence of these organisms in their milk are available. However, in Southern Italy, where water buffalo are intensively reared, an outbreak of hemolytic uremic syndrome due to E. coli 026 has recently been reported, in which the consumption of typical dairy products was considered to be a common risk factor. The aims of this work were to assess the prevalence of E. coli O26 in raw water buffalo milk, to characterize the virulence gene profiles of the isolates, and to evaluate their phenotypic antimicrobial resistance pattern. Of 160 analyzed samples, 1 (0.6%) tested positive for E. coli O26, and the isolate showed the stx1+/stx2+/eae-/hlyA+ genotypic profile. The strain showed resistance against glycopeptides, macrolides, and penicillins. The presence of VTEC organisms in raw water buffalo milk could be considered to be a potential threat to consumers; however, the strict adherence to the processes used in the preparation of the most common buffalo dairy products could strongly mitigate the foodborne risk. To our knowledge, this article reports the first isolation and characterization of E. coli O26 VTEC in raw water buffalo milk..jpg)
In my last post regarding a 
Ocean Mist Farms, a Castroville, California vegetable company, has issued a voluntary recall of iceless green onions due to potential contamination by Salmonella bacteria. The company decided to issue the recall after confirmation from federal regulators of a positive test for salmonella on green onions supplied by Circle Produce to several shippers, including Ocean Mist Farms.
BBC news is 
The Wisconsin State Journal recently published an excerpt from an 
It is a wonder that Campylobacter doesn't get more attention as a public health scourge. It has long ruled the international kingdom of diarrhea as the most prevalent foodborne disease worldwide--the United States too--yet the average person walking down the street has probably never heard of it. Nonetheless, Campylobacter continues to cause more illnesses than any of its bacterial brethren. 
It may surprise some people to learn that the often-lethal toxins produced by the Clostridium botulinum bacteria, which cause .jpg)
In April 2007, Rick Perlstein penned a piece entitled “E. coli Conservatism.” His bottom line was the “Conservatism has been killing Americans. The recent food safety crisis is only one case study.” Perhaps he is in part right. However, whatever the political reasons for the “food safety crisis,” it has been long in coming and the system needs to be fixed..png)
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The recall of Salmonella-tainted peanuts and peanut products processed and produced by the Peanut Corporation of America has caused one of the largest food recalls in US history; almost 4000 products made by hundreds of companies have been withdrawn, and the number is still growing. The 700 culture-confirmed cases of Salmonella indicate a much higher number of unreported illnesses – the actual number is probably close to 25,000. At least nine lost their lives. Beyond this terrible human toll, the financial toll on businesses and the American food supply has been staggering..jpg)
William D. Marler - Op-ed
Kim O. Gradel, Hans L. Nielsen, Henrik C. Schønheyder, Tove Ejlertsen, Brian Kristensen, Henrik Nielsen, Received 12 December 2008; accepted 2 April 2009. published online 09 April 2009. Gastroenterology August 2009 (Vol. 137, Issue 2, Pages 415-418)
Over the past decade, Marler Clark has recovered hundreds of millions of dollars for people grievously injured, or even killed, as a result of foodpoisoning. And not a penny of what these people--the worst of the worst illnesses--recovered was undeserved. 
The recent hepatitis A outbreak at a McDonalds in Milan, Illinois, has claimed at least 26 victims, and has caused the local health departments to innoculate 5,366 people, hopefully catching these folks in the modest window of time to prevent an infected person from becoming ill. This raises a number of questions that we plan to find answers to. 
Much has been said, and some would say done, about the problem of contaminated food, primarily lettuce and other leafy greens, coming out of the Salinas Valley, CA. It is estimated that the 2006 spinach outbreak cost the leafy greens industry over 175 million, to say nothing of the hundreds sickened, and five dead, as a result of the outbreak.
A battle for the soul of agriculture is being waged in California in a new sort of green revolution -- and counter-revolution. Jackson West.bmp)
"best if used by dates": 07MAR2010, 08MAR2010, 09MAR2010, 10MAR2010, 11MAR2010.
"Stealth" brand powdered dietary supplement and "Weigh Down" chocolate flavor nutrition drink. The two recalls, according to the Associated Press: 
KSFY in Sioux Falls, South Dakota, reports that a one-year-old boy from Sioux Center, Iowa is currently hospitalized with .jpg)
Batch/UPC Code: Anaheim peppers sold since June 11, 2009.
There are a few key elements to having a good 4th of July. First, don't shoot off your fireworks by hand. Second, illegal fireworks are fun, but they're illegal for a reason, so see #1 if you're planning to light any M 1000's. Third, watch the Seattle fireworks from our offices, where you can simultaneously see the shows at the Space Needle, Lake Union, and maybe even Bill's house (Marler, not Gates, though Gates has been known to put on quite a show too) Finally, and far more importantly than the size or amount of fireworks you light, grill safely.
Yesterday, the USDA Food Safety and Inspection Service issued a largely useless, but still widely published, news release entitled “Independence Day: Drills for the Grill.” See News Release, 
Fortunately, no illnesses have yet been linked to the recall. The recall was initiated when the FDA inspected the Plainview facility and "found that some of the equipment was contaminated with Salmonella." The FDA was inspecting the plant as a result of testing done by the USDA that found Salmonella in a company product not intended for retail sale..jpg)
What if the cookie dough E. coli outbreak actually happened this way?.jpg)
You cannot see it, taste it, or smell it. 250,000 E. coli O157:H7 (E. coli) bacteria will fit on the head of a pin. Ten to 50 will kill your child or your grandmother.
“It was not the failure of the cookie dough manufacturer for not keeping cattle feces (E. coli) out of cookie dough that sickened the child, it is the fault of the parent who allowed the child to eat the dough.”.jpg)
In the midst of yet another sprouts recall (.gif)
A young woman who was hospitalized for seven days after eating raw cookie dough made by Nestle USA filed suit today against the company in California Superior Court, San Mateo County. The lawsuit was filed on behalf of 18-year-old Jillian Collins by her attorneys, 
uremic syndrome .jpg)
MINNEAPOLIS (June 16, 2009) 
Rep. Diana DeGette, D-Colorado, praised he “discussion draft” for including key elements of a bill she previously introduced; namely “traceability “ and mandatory recall authority.
He even cooked the chicken to an internal temperature of 180°F, which exceeds the recommended 
We sometimes hear food poisoning dismissed (usually by those who are being blamed with causing it, not those suffering from it) as "just a little diarrhea." Here is yet more evidence that such a characterization has no basis in reality. Web MD is .jpg)
Surprisingly though, the article states that those in the cattle industry "believe that they receive no immediate or direct benefit for spending money to vaccinate their herds against E. coli O157." 
The House Energy and Commerce Committee is out with a discussion draft of “the Food Safety Enhancement Act of 2009.” 
Polluted waterways are a problem, in part, because fish are such an important part of a healthy diet. In O'Neill's blog-post with the Center for Progressive Reform (.gif)
So, here is the worst part. Why in the world would West Virginia allow an increase in this pollution? Well, because people are eating less fish these days (according to them), so more pollution is less of a threat. Why are people eating less fish? Could it be because West Virginia is under a state-wide fish advisroy due to mercury poisoning that warns people against eating the fish caught there?
It never ceases to amaze me, particularly after the last few years and all the high-profile outbreaks that have occurred, that people still pass off "foodpoisoning" as a couple of days of diarrhea--i.e. that the victim is no worse for the wear. There is so much that is wrong with this statement that it would be pointless to even begin assailing it with mere facts. Instead, as I've done recently with .jpg)
I have never become accustomed to the profound nature of many of the injuries and illnesses we see at Marler Clark. I often find myself saying to the mother, husband, or grandson of somebody who has suffered life-altering injuries that "I wish we never had to meet" . . . my only method of verbalizing the often-overwhelming sadness that I feel in talking to somebody who now must figure out how to live with a gaping hole in their heart..jpg)
It would be wonderful to report that Jacob had a normal medical course over the next several months, and that he overcame that problems typically associated with premature birth. But that is not what happened. After birth, Jacob was admitted to the neonatal intensive care unit (NICU) at Kaiser Fontana Hospital, where he would remain for the next 70 days. His medical problems on admission included patent ductus arteriosis, bilateral pneumothorax , Respiratory Distress Syndrome, bronchopulmonary displasia , immature retina, gastroesophageal reflux disease (GERD), and most devastatingly, a grade IV brain bleed.
I received  10-28-08.jpg)
Lindsey Jennings (middle), our client, was a "perfectly healthy" twenty-one year old girl. Actually, better than that, Lindsey was an avid athlete, in training for a marathon, running over 40 miles a week, all while completing her pre-med courses during her senior year at the University of Michigan in Ann Arbor, when she was unfortunate enough to eat contaminated lettuce. 
In a bit of news that is less surprising than it should be, the AP today reports that the FDA has for the last several years failed to perform a large percentage of required audits for inspections being conducted (under contract) by the States. According to today's report (based on documents recently released to Congress:.jpg)
investigative journalism report that revealed the dark underside of the make-believe town's vital barley industry. .jpg)
California State Senator Dean Florez said his staffers found numerous recalled products on grovery store shelves when doing a spot check. Senator Florez is introducing legislation to force stores to adopt systems to block the sales of recalled products. Corporate food safety leader Costco already does just that. This is especially important in light of a recent 
"America relies on a strong public health system and the work at the Centers for Disease Control and Prevention is critical to our mission to preserve and protect the health and safety of our citizens, President Obama said. "Dr. Frieden is an expert in preparedness and response to health emergencies, and has been at the forefront of the fight against heart disease, cancer and obesity, infectious diseases such as tuberculosis and AIDS, and in the establishment of electronic health records. Dr. Frieden has been a leader in the fight for health care reform, and his experiences confronting public health challenges in our country and abroad will be essential in this new role."
Maybe because the new President himself came from the streets of Chicago, he went to the front lines of the country's public health challenge to select Dr. Margaret Hamburg as FDA Commissioner and Dr. Joshua Sharfstein, as her deputy. Dr. Hamburg, an expert in biological defense and disease control, was during the 1990s the youngest person in history to serve as New York City's health commissioner. Dr. Sharfstein, a pediatrician, came to FDA directly from heading up the Baltimore Health Department.
But that's about it. FDA Commissioners have not been folks who got their hands dirty, knocking down the TB rate in the Big Apple as Dr. Hamburg did or taking on the dangers of over-the-counter cold and cough medicines for children under age 2 as Dr. Sharfstein did. The typical FDA honcho creates process, not results.
cryptosporidium outbreaks, there is reportedly no evidence of such a connection here. None of the ill individuals had public pool exposures. Officials are still investigating to possible source of the cluster of illnesses..gif)
The findings of the report also help illustrate an important legal point about the work we do at Marler Clark. Despite a thorough investigation, OHD was not able to pinpoint the particular food source or sources that caused the 341 documented cases of E. coli O111. "It could not be conclusively determined how E. coli O111 was introduced into the restaurant." The OHD looked at a number of possibilities for the "original" source of the contamination - tainted well water; an infected food worker; contaminated food. 
In honor of National BBQ Month, now is the perfect time to post a reminder about safe food handling and cooking practices that can significantly reduce your risk of becoming ill from a foodborne pathogen like .bmp)
For years, the USDA Food Safety and Inspection Service (FSIS) has allowed meat plants to divert meat that has tested positive for E. coli O157:H7 (or some other pathogen) to a further-processing facility where it is cooked for a time and at a temperature sufficient to kill the pathogens. What FSIS has not done, however, is require immediate corrective action of the plant's slaughter and sanitary dressing procedures so as to determine how the meat came to be contaminated in the first place. Because, let us be clear: ground beef, trimmings, an intact cuts of meat do not get contaminated with E. coli O157:H7 unless the carcass is contaminated, or cross-contaminated, druing the slaughter or carcass-dressing process. Bottom-line: Meat is not contaminated but for the manner of its slaughter and dressing. .jpg)
Betty Desjarlais was a perfect example of somebody in good health whose Salmonella illness quickly killed her. Read a brief summary of 
As for the food safety angle of this, remember that in 2007 when Castleberry-brand canned chili was recalled because of botulism, also part of the recall was Natural Balance dog food, including “Irish Stew with Beef,” “Southern-style dumplings with gravy,” and “Chinese Take-out with sauce with vegetables.” And yes, the “dog” food was made in the same factory as the “human” food.
Food Safety Modernization Act calls for increased inspection of food processors, but does not call for those processors to pay for that increase - the bill does not contain a provision for user or registration fees. 
Press accounts, as well as those from the CDC, addressing the number of sick people in the ongoing Salmonella sprouts outbreak are a little misleading if you don't know what is actually being said. The reality of these outbreaks (whether E. coli O157, Salmonella, or anything else) is that the number of people who are actually ill, as opposed to the number who have a stool sample that tests positive, is much bigger than the reports would indicate. .jpg)
ATTENTION SPROUT GROWERS: If you haven't seen it already, read the FDA's industry guidance on "
An administrator with the FSIS (Food Safety and Inspection) branch of the USDA is calling for a ranking of the ".jpg)
By the end of this year, I hope to have more devoted readers than there are 
The CDC has just released a 10-state study, 
A Brave New World is upon us. A vaccine for E. coli 0157:H7 is now available for use in cattle in the United States.
As we're all getting ready to ring in the New Year, our thoughts usually turn to the resolutions for change we'd like to see in 2009. And since this is a blog about food safety, what better way to do that than by highlighting 
By using nanotechnology, microscopic biological sensors can detect 
Retailers and food service operators are being instructed not to offer for sale ungutted, salt-cured alewives (also called gaspereaux fish) from Michel & Charles LeBlanc Fisheries Ltd., CAP-PELÈ, New Brunswick, Canada, because the fish may contain the Clostridium botulinum (C. botulinum) toxin. Consumers should not consume the product.
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Lauren Cox from ABC news reports that, according to Rosemary's doctor, someone, somewhere, had served her food that was tainted with the feces of a person infected with the pork tapeworm parasite.
Bryan Salvage at Meat & Poultry, the business journal for meat and poultry processors, today reports on the demise of the Food Animal Residue Avoidance Databank.
Britain's best known food safety expert, Professor Hugh Pennington, will be speaking to almost 850 delegates from 50 countries - including many leading scientists - attending Food Micro 2008 which is exploring a huge range of microbiological issues surrounding the safety and quality of food.
The issue of timing came to our mind as soon as we heard of the U.S. Food and Drug Administration (FDA)'s long awaited decision to allow ionizing radiation for the treatment of fresh iceberg lettuce and fresh spinach.
We always try and note when famous people become victims of food-borne illnesses.
“This country doesn’t need any more spectacles like the slow unfolding of FDA’s investigation of the recent Salmonella outbreak. The present system is not just a public health concern, but an issue for producers feeling the economic impact of food safety scares,” said Harkin. “This food safety bill gives FDA the authority it needs to prevent and respond to food safety problems, from requiring recalls, to setting food safety standards for fresh produce, to enhancing trace-back and surveillance of food-borne illness. It’s a win-win for producers and consumers.”
the safety of the foods they are bringing home to serve their families,” Gregg stated. “The recent salmonella outbreak highlights the current vulnerability of our food supply and the need to modernize our food safety laws. We cannot afford to wait until the next food-borne illness outbreak or an intentional attack on our food supply occurs for Congress to act on this bipartisan legislation to ensure the safety of our food and restore confidence in the quality of these products for American families.”
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.
"The identity of retail stores with recalled meat and poultry from their suppliers has always been a missing piece of information for the public during a recall," said Schafer. "People want to know if they need to be on the lookout for recalled meat and poultry from their local store and by providing lists of retail outlets during recalls, USDA's Food Safety Inspection Service will improve public health protection by better informing consumers."
Andrew Schneider, Senior Correspondent for the Seattle Post-Intelligencer, ruined many a breakfast this morning---that’s if any of his Emerald City readers still eat bacon with their eggs..jpeg)
The Cariboo Press reports that according to Health Canada, seniors are more vulnerable to foodborne illness.
Julie Greene of the Herald Mail reports that there's a long list of dos and don'ts for pregnant women. Consumer Reports recently recommending a new don't - tuna of any kind. 
Steve Burger of 14 WFIE reports that there are about 950 retail food establishments in Vanderburgh County, with more being added almost weekly.
She Knows reports that year after year, we hear and read the same advice: Handle food carefully in the summer because foodborne illness -- also known as "food poisoning" -- is more prevalent in warmer weather. Do foodborne illnesses increase during the summer months? If so, why?
Courtney Klemm of the Herald & Review (Decatur, IL) reports that as family and friends gather around in anticipation of juicy burgers and bratwursts, it may seem there is not a care in the world, but grilling has its health risks, nutrition experts say..jpg)
eDiets reports that you may have had food poisoning (you've become ill after eating a food contaminated with a bacteria, virus or toxin) and not have known it; that's because symptoms are similar to stomach flu. The FDA estimates that 60 million to 80 million people get sick annually from eating contaminated food, but that could be underestimated.
Doug Worgul of the Kansas City Star (MO) reports that grills just want to have fun this time of year, but you have to be careful when you cook with them. 
Dr. Mallika Marshall for CBS4 Boston reports that for many of us, Memorial Day marks the traditional start of the summer picnic and cookout season.Unfortunately, thousands of Americans become sick from food poisoning every year.
Sylvia Carter of Newsday recently wrote about Marion Nestle's book What to Eat: An Aisle-by-Aisle Guide to Savvy Food Choices and Good Eating. Nestle, the Paulette Goddard professor of Nutrition, Food Studies and Public Health at New York Univers ity and former chair of that department, has a PhD in molecular biology and a master's in public health in nutrition, but to research her book, she used common sense as well as science and shopping the aisles.
Ahmed ElAmin of Food Production Daily reports that by next month food companies will be required to have more explicit instructions that uncooked, breaded or boneless poultry products need to be cooked.
Journal of Food Protection, Volume 69, Number 4, April 2006, pp. 912-919(8)
Per a FSIS Media Release, USDA's Meat and Poultry Hotline receives many calls during the spring season related to the preparation of traditional religious holiday celebrations.
The CDC estimates that 76 million foodborne illness, or food poisoning, cases occur in the United States every year, which means that one in four Americans contracts a foodborne illness annually after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and 5,000 die. The estimated costs in terms of medical expenses and lost wages or productivity are between $6.5 and $34.9 billion (Buzby and Roberts, 1997; Mead, et al., 1999).
