On Friday, the Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) announced that a total of 141 persons infected with the outbreak strain of Salmonella Typhimurium had been reported from 20 states linked to Indiana grown cantaloupe.  The number of ill persons identified in each state is as follows: Alabama (7), Arkansas (3), California (2), Georgia (1), Illinois (17), Indiana (13), Iowa (7), Kentucky (50), Michigan (6), Minnesota (3), Missouri (9), Mississippi (2), New Jersey (1), North Carolina (3), Ohio (3), Pennsylvania (2), South Carolina (3), Tennessee (6), Texas (1), and Wisconsin (2).  31 ill persons have been hospitalized. Two deaths have been reported in Kentucky.

According to the CDC and FDA an unnamed farm in southwestern Indiana has contacted its distributors, which reach outside Indiana into other states, and is withdrawing its cantaloupe from the market place. The farm has agreed to cease distributing cantaloupes for the rest of the growing season.  As of last night the CDC and FDA also did not name any retail outlets that sold cantaloupe.  This morning, however, Walmart voluntarily began recalling cantaloupe in southwest Indiana.

 “At this point with 141 sick, the public has an absolute right to know where the cantaloupe was grown and where is was sold.  There is simply no excuse that this information is not made available,” said foodborne illness attorney and food safety advocate William Marler. “If the goal of public health is to saves lives, protect people, and save business money through prevention, how does trying to keep the public in the dark accomplish any of these objectives?  By keeping these companies’ names secret, the CDC and FDA may be trying to protect businesses, but is ultimately doing the public a disservice by quashing important data that could otherwise help consumers make informed decisions about what to eat and where to shop.”

Here are a few of the cantaloupe cases that Marler Clark has litigated:

No.

Year

State(s)

Confirmed Illnesses

Pathogen

Description

1.

1985

Wisconsin

16

Campylobacter

Melon or cantaloupe

2.

1990

30 states

245

Salmonella

Cut cantaloupe at salad bars

3.

1991

International, including U.S.

400

Salmonella

Likely Mexican cantaloupe

4.

1997

California

24

Salmonella

Mexican cantaloupe.

5.

1998

Ontario, Canada

22

Salmonella

Cantaloupe

6.

1999

Iowa

61

Norovirus

Restaurant, cantaloupe or melon

7.

2000

California, Oregon, Colorado, Washington, New Mexico, Nevada

47

Salmonella

Mexican cantaloupe

8.

2001

Multi-state and International

50

Salmonella

Viva Brand cantaloupe

9.

2002

California, Minnesota, Oregon, Arkansas, Vermont, Nevada, Texas

58

Salmonella

Susie Brand cantaloupe

10.

2003

New York, Ohio, New Mexico, Massachusetts, Connecticut, Missouri

58

Salmonella

Day care center and private homes, cantaloupe/honeydew melon

11.

2006

Multi-State and International

41

Salmonella

Cantaloupe cut at processing facility in Canada

12.

2007

California

11

Salmonella

Private home

13.

2008

Multi-State

53

Salmonella

Agropecuraria Mobtelibano cantaloupe, from Honduras

14.

2008

California

23

Norovirus

Restaurant, melon and cantaloupe

15.

2011

Multi-State

20

Salmonella

Del Monte cantaloupe

16.

2011

Multi-State

147

Listeria

Jensen Farms cantaloupe

17.

2012

Multi-State

141

Salmonella

Indiana Farm cantaloupe