Six sick with Washingon with three dead. Two sick in Pennsylvania and New York. In the heat of the Summer you do not want your ice cream to kill you. Listeria is a very nasty pathogen.
The good thing about both practicing food law for a long time and having a foodborne epidemiologist on staff is that we have the history of these outbreaks at our fingertips.
| Year | State | Agent | Ill | Hospitalized | Died | Brand |
| 2023 | Washington | Listeria | 6 | 6 | 3 | Frugals |
| 2023 | NY and PA | Listeria | 2 | 2 | 0 | Real Kosher |
| 2021-2022 | Multistate | Listeria | 23 | 22 | 1 | Big Olaf Creamery |
| 2014 | Washington | Listeria | 2 | 2 | 0 | Snoqualmie Ice Cream |
| 2010-2015 | Multistate | Listeria | 10 | 10 | 3 | Blue Bell |
| 2008 | Vermont | E. coli | 6 | 3 | 0 | Homemade Ice Cream, unpasteurized milk |
| 2008 | Minnesota | Salmonella | 2 | 0 | 0 | Homemade ice cream |
| 2008 | California | E. coli | 2 | 0 | 0 | Consumed at a restaurant; brand or pasteurization unknown |
| 2007 | California | Norovirus | 17 | 0 | 0 | Ice cream with berries, berries were likely the contaminated ingredient |
| 2007 | Pennsylvania | Campylobacter | 3 | 0 | 0 | Homemade ice cream |
| 2007 | Minnesota | Hepatitis A | 15 | 6 | 0 | Ice cream or yogurt at a restaurant |
| 2007 | West Virginia | Salmonella | 8 | 2 | 0 | Homemade ice cream |
| 2006 | Belgium | E. coli | 12 | 5 | 0 | Ice cream at a farm |
| 2006 | California | Salmonella | 6 | 0 | 0 | Homemade Ice Cream |
| 2005 | Multistate | Salmonella | 26 | 11 | 0 | Cold Stone Creamery (cake batter was the contaminated ingredient) |
| 1994 | Multistate | Salmonella | 12 | – | – | Schwan’s Ice Cream – the estimated # of ill cases is 224,000! |
| 1993 | Florida | Salmonella | 593 | – | – | Homemade Ice Cream |
Here is a sad result of another Listeria in ice cream case.
Mrs. Billman ate ice cream at the 3350 Bahia Vista in Sarasota, Florida location on January 2022, and died of a Listeria infection on January 29, 2022. She left a husband, children and grandchildren.
Mrs. Billman fell ill on or around January 27, 2022, with symptoms consistent with Listeria. Mrs. Billman was admitted to Memorial Regional Hospital South on January 27, 2022, where a stool sample was collected that day and tested positive for Listeria serotype ST5. Mrs. Billman ultimately passed away on January 29, 2022. Medical bills were $89,689.02.
Further testing of this specimen at the Florida Department of Health confirmed that her Listeria had the allele code LMO1.1 – 43.2.2.85.126.1 and was associated with the “multistate cluster” given the CDC code 2110MLGX6-4. This was ultimately the Listeria outbreak associated with Big Olaf’s ice cream. Ice cream was also closely genetically matched to Mrs. Billman’s isolate.
As of June 29, 2022, a total of 23 people infected with the outbreak strain of Listeria monocytogenes have been reported from 10 states. Of the 22 people with information, 20 sick people reported living in or traveling to Florida in the month before they got sick, although the significance of this is still under investigation. Illnesses started on dates ranging from January 24, 2021, through June 12, 2022.
The Florida Department of Health, CDC, public health and regulatory officials in several other states, and the U.S. Food and Drug Administration (FDA) are collecting different types of data to investigate a multistate outbreak of Listeria monocytogenes infections. As a result of this investigation, Big Olaf Creamery in Sarasota, FL, is voluntarily contacting retail locations to recommend against selling their ice cream products. Consumers who have Big Olaf Creamery brand ice cream at home should throw away any remaining product.
Public health officials continue to interview people about the foods they ate in the month before they got sick. Of the 17 people interviewed, 14 (82%) reported eating ice cream. Among 13 people who remembered details about the type of ice cream they ate, six reported eating Big Olaf Creamery brand ice cream or eating ice cream at locations that might have been supplied by Big Olaf Creamery.
On July 1, 2022, Big Olaf Creamery in Sarasota, FL, voluntarily began contacting retail locations to recommend against selling their ice cream products. Consumers who have Big Olaf Creamery brand ice cream at home should throw away any remaining product.
Public health officials continue to interview people about the foods they ate in the month before they got sick. Of the 17 people interviewed, 14 (82%) reported eating ice cream. Among 13 people who remembered details about the type of ice cream they ate, six reported eating Big Olaf Creamery brand ice cream or eating ice cream at locations that might have been supplied by Big Olaf Creamery.
Listeria has been found on equipment in the ice cream processing facility and in 16 of 17 flavors. Big Olaf first refused to recognize that it was the cause of the outbreak and refused to stop production and stop ice cream sales. According to the Florida Department of Agriculture and Consumer Services (FDACS):
“The results from product sampling taken from the Big Olaf production facility last week by FDACS found that 16 of the 17 flavors tested were positive for Listeria monocytogenes (L. mono). This includes Blueberry Cheesecake, Butter Pecan, Cherry Cordial, Chocolate, Chocolate Chip, Coconut, Coconut Almond Joy, Cookie Dough, Cookies & Cream, Kahlua Krunch, Mint Chip, Pistachio, Plantation Praline, Superman, Vanilla, and White Chocolate Raspberry. With these results, FDACS is currently issuing formal stop sales on the 16 products where L. mono was found, which were previously part of a voluntary recall. Our department continues to work closely with our state and federal partners on this investigation and enforcement of the stop sale.”
Please find linked here the results for the product samples that represent the 16 positive flavors. The one outstanding environmental sample noted previously has also come back positive, bringing the total positive environmental samples to 10, and I’m linking here those results.
Listeria: 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 $850 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 lettuce, polony, deli meat, 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.
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