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Food Poison Journal Food Poisoning Outbreaks and Litigation: Surveillance and Analysis

Listeria Attorney

Basil Pesto Recalled Over Listeria Risk

ucm555406Our Local Bounty of Rogue River, Oregon is recalling 312 (8.5oz) containers of the Farming Fish brand Organic Basil Pesto with Watercress, because it has the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The Basil Pesto with Watercress, UPC 7 23175 33586 8, was distributed in retail stores in Oregon. The affected product was packaged in 8.5 oz. plastic deli containers and has the enjoy or freeze by dates of 4/30/2017.

As an additional precaution, we are also recalling product with the enjoy or freeze by dates of 5/6/2017, 5/13/2017, and 5/20/2017.

The recall was the result of a routine sampling program.  Consumers who have purchased affected products should not consume the product.

Hams Recalled over Listeria Concern

Screen Shot 2017-04-25 at 2.09.47 PMFineberg Packing Co., Inc., a Memphis, Tenn. establishment, is recalling approximately 8,822 pounds of ready-to-eat ham products that may be adulterated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The ready-to-eat hickory smoked and BBQ ham items were packaged on January 16, 2017. The following products are subject to recall:

  • 14-lb. vacuum-sealed packages containing “FINEBERG’S Finest Danish Brand BBQ Flavored Ham” with Sell by date 03/26/2017 and case code 17016.
  • 30.6-lb. boxes containing 2 vacuum-sealed packages of “Holly Brand hickory smoked fully cooked HAM” with case code 17016.

The products subject to recall bear establishment number “EST. 428” inside the USDA mark of inspection. These items were shipped to distributors in Arkansas, Mississippi and Tennessee.

The problem was discovered during a Food Safety Assessment conducted by an FSIS employee. There have been no confirmed reports of adverse reactions due to consumption of these products.

Consumption of food contaminated with L. monocytogenes can cause listeriosis, a serious infection that primarily affects older adults, persons with weakened immune systems, and pregnant women and their newborns. Less commonly, persons outside these risk groups are affected.

Listeriosis can cause fever, muscle aches, headache, stiff neck, confusion, loss of balance and convulsions sometimes preceded by diarrhea or other gastrointestinal symptoms. An invasive infection spreads beyond the gastrointestinal tract. In pregnant women, the infection can cause miscarriages, stillbirths, premature delivery or life-threatening infection of the newborn. In addition, serious and sometimes fatal infections in older adults and persons with weakened immune systems. Listeriosis is treated with antibiotics. Persons in the higher-risk categories who experience flu-like symptoms within two months after eating contaminated food should seek medical care and tell the health care provider about eating the contaminated food.

Smoked Salmon Recalled over Listeria Test

The Smokehouse of NY, Mamaroneck, NY 10543 is recalling all of the Smoked fish listed below, because they have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weaken immune systems. Although Healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain, and diarrhea, Listeria infection can cause miscarriages and still births among pregnant women.

Norwegian 4oz & 8oz and whole sides Irish 4oz & 8oz Scottish 4oz & 8oz
Pastrami 4oz & 8oz Gravlax 4oz & 8oz Trimmings 8oz
Sturgeon 4oz Kippered Salmon 8oz Sable 8oz
Whitefish Salad Trout Fillet 8oz
These products were distributed through New York, Connecticut, New Jersey, Alabama, Minnesota, and Montana. Product was distributed to markets, restaurants, and hotels. To identify our products there is our logo on every package with our name The Smokehouse of NY in black cryovaced bags. The expiration dates will be from April 5th to April 19th.

The recall was a result of a routine inspection sampling program by the company which revealed there was listeria present in the warehouse. The company had ceased all production, manufacturing and distributing, until the company meets all guidelines implemented by FDA before resuming production and rectifying all issues.

Listeria Recall: Aldi’s Frozen Peas

frozen_green_peas-250x250In cooperation with Lakeside Foods, Inc., and out of an abundance of caution, ALDI has voluntarily recalled Season’s Choice Frozen Sweet Peas due to possible Listeria monocytogenes contamination.

Upon notification from the supplier, ALDI immediately removed the affected product from its stores.

The potentially affected product is packaged in a 16 oz. bag, has the UPC code 041498164294 and contains one of the following packaging codes and best by dates on the back of the bag:

Packaging Codes Best By Date
DC17038 PLAB6176 08/2018
DC27038 PLAB6176 08/2018
DC27038 BNAF7286 08/2018
DC37038 BNAF7286 08/2018
DC47038 PLAC6216 08/2018
DC57038 PLAC6216 08/2018

The Season’s Choice Frozen Sweet Peas were sold at ALDI locations in the following states:

  • Florida
  • Illinois
  • Iowa
  • Kentucky
  • Michigan
  • Ohio
  • West Virginia

Burritos Recalled Over Listeria

ucm550183Sigma Alimentos Congelados, which produces burritos under the Menu Del Sol brand name, is voluntarily recalling 201 cases of frozen beans and cheese burritos because they have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeriainfection can cause miscarriages and stillbirths among pregnant women. The recalled product was distributed in and sold via retail outlets in California and Nevada.

Only the following product is included in this recall:

Category Brand UPC Product Description Pack Lot
Frozen Menu Del Sol 45230-05601 Burritos Beans and Cheese 2 Lb C3018

Recalled product can be specifically identified by locating the black printed code on red background on the front of the package, toward the top, next to the Menu Del Sol logo. This information includes the corresponding lot number (“LOT C3018”) and a best by date of March 1, 2018 (“BEST BY MAR01 18”) as follows:

No illnesses have been reported to date. The potential contamination was found as a result of routine product testing and the recall is being initiated out of an abundance of caution. Consumers are reminded to fully cook frozen food products according to package instructions.

Video: Vulto Creamery Listeria Outbreak Update

The U.S. Food and Drug Administration (FDA), along with the Centers for Disease Control and Prevention (CDC) and state and local officials, has identified Ouleout cheese from Vulto Creamery of Walton, New York, as the likely source of an outbreak of listeriosis in six people from four states. Two of the six people have died.

The agencies have been investigating this outbreak since January 31, 2017. After gathering evidence about various cheeses eaten by the people who became ill, CDC identified Ouleout cheese from Vulto Creamery as the likely cause of the outbreak.

After being informed of a positive test conducted on a retail sample of Ouleout cheese by the FDA, Vulto Creamery began contacting its customers to return Ouleout cheese on March 3, 2017, and on March 7 announced a recall of its Ouleout cheese along with its Miranda, Heinennellie, and Willowemoc cheeses.

On March 8, 2017, FDA received positive test results from the New York State Department of Agriculture and Markets confirming samples of Ouleout cheese that matched the genetic fingerprint of Listeria monocytogenes in the outbreak.

The CDC reports that six people infected with the outbreak strain of Listeria monocytogenes have been reported from Connecticut, Florida, New York and Vermont. Illnesses started on dates ranging from September 1, 2016, to January 22, 2017. All six people were hospitalized and two people died. Ill people ranged in age from less than one year to 89, with a median age of 55.

Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $600 million for clients.  Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation.  Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, cheese, celery and milk.

If you or a family member became ill with a Listeria infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Listeria attorneys for a free case evaluation.

Listeria Recall: Edamame

ucm547272Advanced Fresh Concepts Franchise Corp. (“AFC”) of Rancho Dominguez, California is recalling its Edamame (Soybeans) – UPC 0-23012-00261-9, dated between 01/03/2017 and 03/17/2017 because it has the potential to be contaminated with Listeria monocytogenes.  Contamination was discovered via random testing under AFC’s Quality Assurance Program.

Listeria monocytogenes is an organism which can cause serious and sometimes fatal infections in young children, frail or older adults, pregnant women, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages, stillbirths and fetal infection among pregnant women. No illnesses have been reported to date.

AFC has notified all retail locations of the recall. Therefore, the product should no longer be available for purchase.

The products were packaged by AFC Franchisees and sold, under refrigeration, in 8.0 oz (227 g) packages and identified as “Edamame – Soybeans in Pods”. The packed Edamame was sold at designated retail sushi counters within grocery stores, cafeterias, and corporate dining centers in the following states: AL, AZ, CA, CO, CT, DC, FL, GA, IA, ID, IL, IN, KS, KY, LA, MA, ME, MI, MN, MS, NC, NH, NM, NY, OH, OR, PA, SC, TN, TX, VA, WA, and WY.

Pizza Recalled Over Listeria Risk

Screen Shot 2017-03-16 at 3.42.06 AMRBR Meat Company, Inc., a Vernon, Calif. establishment, is recalling approximately 21,220 pounds of frozen pizza product that may be adulterated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The supreme frozen pizza item was produced on Feb. 23, 2017. The following product is subject to recall:

  • 50.6-oz. corrugated box containing 1 shrink wrapped 16” pizza labeled as “Marketside Extra Large Supreme Pizza,” with lot code 20547.

The products subject to recall bear establishment number “EST. 1821” inside the USDA mark of inspection. These items were shipped to retail distribution centers in California, Nevada, Utah and Washington.

The problem was discovered during routine sampling by the firm. There have been no confirmed reports of adverse reactions due to consumption of these products.

Consumption of food contaminated with L. monocytogenes can cause listeriosis, a serious infection that primarily affects older adults, persons with weakened immune systems, and pregnant women and their newborns. Less commonly, persons outside these risk groups are affected.

Listeriosis can cause fever, muscle aches, headache, stiff neck, confusion, loss of balance and convulsions sometimes preceded by diarrhea or other gastrointestinal symptoms. An invasive infection spreads beyond the gastrointestinal tract. In pregnant women, the infection can cause miscarriages, stillbirths, premature delivery or life-threatening infection of the newborn. In addition, serious and sometimes fatal infections in older adults and persons with weakened immune systems. Listeriosis is treated with antibiotics. Persons in the higher-risk categories who experience flu-like symptoms within two months after eating contaminated food should seek medical care and tell the health care provider about eating the contaminated food.

FSIS and the company are concerned that some product may be frozen and in consumers’ freezers.

Consumers who have purchased this product are urged not to consume it.

CDC Weighs in on Vulto Cheese Listeria Recall

On March 7, 2017, Vulto Creamery recalled all lots of Ouleout, Miranda, Heinennellie, and Willowemoc soft wash-rind raw milk cheeses. On March 10, Vulto Creamery expanded its recall to include all lots of four additional cheeses, by the name of Andes, Blue Blais, Hamden, and Walton Umber.

The raw milk cheeses were distributed nationwide, with most being sold at retail locations in the northeastern and Mid-Atlantic States, California, Chicago, Portland, Oregon, and Washington, D.C.

Consumers should not eat, and restaurants and retailers should not serve or sell, recalled raw milk cheeses made by Vulto Creamery.

  • The recall includes all lots of the following types of raw milk cheeses:
    • Heinennellie
    • Miranda
    • Willowemoc
    • Ouleout
    • Andes
    • Blue Blais
    • Hamden
    • Walton Umber
  • The raw milk cheeses were distributed nationwide, with most being sold at retail locations in the northeastern and Mid-Atlantic states, California, Chicago, Portland, Oregon, and Washington, D.C.
  • This advice is particularly important for consumers at higher risk for listeriosis, including pregnant women, adults 65 and older, and people with weakened immune systems.

Follow these steps if recalled cheese is in your home or establishment:

  • Throw the cheese away in a closed plastic bag placed in a sealed trash can. This will prevent people and animals from eating it.
  • Wash the refrigerator drawer and other areas where the cheese was stored with hot water and soap.
  • Wash cutting boards, surfaces, and utensils used to cut, serve, or store recalled cheese. If possible, use a dishwasher; otherwise, use hot water and soap, followed by sanitizing with a solution of one tablespoon chlorine bleach added to one gallon of hot water.
  • Wash your hands with warm water and soap after cleaning up.

What should you do if you ate recalled cheese?

  • If you have eaten a recalled cheese and do not have any symptoms, most experts believe that tests or treatment are not needed, even for people at higher risk for listeriosis.
  • People who develop symptoms of listeriosis after eating possibly contaminated products should consider seeking medical care and telling a healthcare provider about eating that product. Although people can sometimes develop listeriosis up to 2 months after eating contaminated food, symptoms usually start within several days.

Who is most at risk for listeriosis?
People at higher risk for listeriosis include:

  • Pregnant women and their newborns,
  • Adults 65 and older, and
  • People with weakened immune systems.

Vulto Cheese Recall Expands

In response to Vulto Creamery’s expanded recall of raw milk cheeses, Whole Foods Market is voluntarily expanding its recall to include Andes, Hamden and Walton Umber cheeses sold in eight stores in Massachusetts, New Jersey and New York. The cheeses have the potential to be contaminated with Listeria monocytogenes.

Listeria monocytogenes is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, pregnant women and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages, stillbirths and fetal infection among pregnant women.

As of March 10, 2017 Vulto Creamery is reporting the particular strain of Listeria monocytogenes is responsible for 6 illnesses and 2 deaths; however, Whole Foods Market has not received any reports of illnesses or injuries from consumers who purchased the raw cheeses from their stores.

This recall expansion includes Vulto Creamery Andes, Hamden and Walton Umber raw milk cheeses which were cut and packaged in clear plastic wrap with scale labels beginning with PLU codes 0200307, 0201357 or 0206308 and “sell by” dates from 01/02/2017 to 04/02/2017.

These products were sold at the following Whole Foods Market stores:

  • 94 Derby Street, Hingham, MA
  • 1255 Raritan Road Unit 150, Clark, NJ
  • 300 Bergen Town Center, Paramus, NJ
  • 238 Bedford Ave, Brooklyn, NY
  • 1095 Avenue of the Americas. New York, NY
  • 270 Greenwich Street, New York, NY
  • 4 Union Square South, New York, NY
  • 575 Boston Post Road, Port Chester, NY

Initial Press Release