E. coli Blog

Latest Inspection Report For Danville, VA Nestle Cookie Dough Plant Released To Public

marler@marlerclark.com (E. coli Lawyer) — Sat, 11 Jul 2009 09:09:03 -0800

After inspecting the Danville Plant on 06/18/2009, 06/19/2009, 06/22/2009, 06/23/2009, 06/24/2009, 06/25/2009, 06/26/2009, 07/07/2009, 07/08/2009, and 07/09/2009, the FDA posted the following observations. The full report can be found by clicking on image to left.

OBSERVATION 1

The workmanship of equipment does not allow proper cleaning. Specifically, inside the "Toll House" brand cookie dough preparation room, dry ingredients are placed inside hoppers. The dry ingredients are gravity fed to blending mixers through gate valves that are installed on the hoppers. As a result of this investigation, the firm disassembled all gate valves from all hoppers on production lines 8, 10, 11, and 12. The gate valves appear to have food contact surfaces that are not easily cleanable as evidenced by rough, pitted and discolored cast metal alloy.

OBSERVATION 2

Lack of appropriate design to enable manufacturing systems to be maintained in an appropriate sanitary condition. Specifically, as "Toll House" brand cookie dough was mixed on 6-18-09, ice build-up surrounded pipes that transport a processing aid to mixers on production lines 8, 10, 11, and 12. On line 8, condensate from the ice dripped onto a metal rake that personnel then used to scrape cookie dough from the mixer into a dough trough for transport to the filling line.

"I understand that hundreds if not a thousand samples were taken - and presume that they were negative. Certainly, the above observations are some cause for concern, but I have seen far worse "483's" from other plants in 16 years of foodborne illness litigation," said food safety attorney William Marler.

New E. Coli Cluster Reported In Colorado; Is FDA Giving Up On Nestle Investigation? Who Are We Going To Call?

marler@marlerclark.com (E. coli Attorney) — Fri, 10 Jul 2009 15:19:39 -0800

The Mountain Mail in Salida, CO reported on a cluster of E coli victims in the small Rocky Mountain community. Two cases are confirmed and three others have symptoms that are consistent with E. coli 0157:H7 infections.

Both the Colorado Department of Public Health and Environment and the Chaffee County Public Health District are investigating, but neither has connected the Salida illnesses with a specific source.

Connections could be made to either one of two national E. coli outbreaks-- the one linked to beef from the JBS Swift Co. in Greeley, CO, which has made at least 23 people infections with E. coli 0157:H7 in nine states or the nationwide Nestle refrigerated raw cookie dough outbreak. Or maybe there is another source.

Or who knows? David Acheson, the nearest thing the federal government has to a utility in-fielder for food safety, was pushed out to say we should not expect much from Uncle Sam’s investigation of the poison Nestle cookie dough.

“This will be one of those situations where we won’t definitely know what went wrong,” Acheson said.

That “situation,” according to a late Friday update from the Centers for Disease Control and Prevention (CDC) now involves 74 confirmed cases in 32 states, all matched from PFGE testing with onset ranges from March 16 to June 11. Thirty-four have required hospital stays and ten developed Hemolytic Uremic Syndrome (HUS).

Acheson, who started with the feds as senior food scientist for the U.S. Department of Agriculture and now is FDA’s assistant commissioner for food safety, sounds like a man giving up.

Cookie dough samples have tested positive for different strains of E. coli, but not yet the exact PFGE match to those who are ill. And how any E. coli is getting in the cookie dough is a mystery.

FDA is good at what its done. Testing equipment and ingredients, including the flour that might have been contaminated in the field. But what it’s done is not good enough. If FDA wants to give up, fine.

Maybe another agency would be better suited to finishing this investigation. If equipment and ingredients are all clean, let’s not remove the yellow tape around this crime scene too quickly. Not until everyone who had access to this plant is also investigated, employees, management, visitors.

Let’s turn it over to the FBI.

Nestle Restarts Cookie Dough Production After E. coli Outbreak

bmarler@marlerclark.com (Bill Marler) — Fri, 10 Jul 2009 09:39:49 -0800

Fresh on the heels of revelations by ABC news that three different E. coli strains have been linked to the nationwide outbreak of E. coli in cookie dough, the Wall Street Journal reports that Nestle is restarting production. The Danville, Virginia plant was closed on June 19, when E. coli illnesses across the country were tied to the raw cookie dough produced there. The FDA investigation of the plant found E. coli in an unopened package of the cookie dough and E. coli was also found in in a package of Nestle refrigerated cookie dough in the home of a victim. Both of those strains, or serotypes, are different from that found in the stool of the 72 people who were infected by eating the cookie dough, meaning that three strains have now been associated with the product.

Interestingly, Nestle continued processing other food products at the Danville factory while the cookie dough production was shut down.

Questions continue to swirl around the outbreak, as no source has yet been identified in the E. coli contamination of the Nestle Cookie Dough product. Now the multiple strains of E. coli connected to the outbreak add another layer of mystery - and yet, production resumes.

Science Writer Carl Zimmer Speculates About "Cow to Cookie" Mystery

marler@marlerclark.com (E. coli Lawyer) — Wed, 08 Jul 2009 09:37:48 -0800

The “cow to cookie” mystery has yet to be solved. We speak of course about how E. coli O157:H7, which usually originates in the hindgut of cows, made its way into raw refrigerated cookie dough made at the Nestle plant in Danville, VA.

While you are waiting for the answer, you might want to read the paperback edition of Microcosm: E. Coli and the New Science of Life by science writer Carl Zimmer which is being published this month.

In his Discovery Magazine blog, Zimmer makes this prediction: “There’s no official word for how the bacteria got from a cow to a cookie (or at least, a cookie in the making). But chances are good that the story is going to be complicated, in a way that’s both disturbing and fascinating.”

It’s well worth checking out, even if the thought that cookie E. coli might has “evolved its own peculiar set of genes” is a whole lot more scary than any cookie monster.

As of the last report, which is now a week and day old, 72 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 30 states.

One Year Old Isaiah Romero Of Sioux Center, Iowa Fighting Hemolytic Uremic Syndrome

marler@marlerclark.com (E. coli Lawyer) — Tue, 07 Jul 2009 19:53:24 -0800

One year old Isaiah Romero of Sioux Center, Iowa finds himself in Sanford Children's Hospital tonight, fighting back against Hemolytic Uremic Syndrome (HUS).

KSFY Action News in Sioux Falls, South Dakota where Sanford Children's is located reports its possible Isaiah is a victim of the the E. coli O157:H7 outbreak blamed on the Greeley Beef Plant owned by the JBS Swift Company.

Post-diarrheal Hemolytic Uremic Syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin (Stx) producing E. coli. D+HUS was first described in 1955, but was not known to be secondary to E. coli infections until 1982. It is now recognized as the most common cause of acute kidney failure in infants and young children. Adolescents and adults are also susceptible, as are the elderly who often succumb to the disease.

According to KSFY: "A few weeks ago Isaiah started with basic diarrhea, then vomiting. There was an E. coli test done, but it came back negative. He developed HUS this past weekend, which commonly forms from E. coli. While not every child that gets E. coli, also gets HUS, there is a small percentage that does. It attacks the red blood cells in the body and that leads to kidney failure. Isaiah has been on dialysis and had a number of other tests done to track his progress."

First Lawsuit Filed Against JBS Swift Beef By 14-Year Old Boy Visiting Colorado

marler@marlerclark.com (E. coli Lawyer) — Mon, 06 Jul 2009 11:35:37 -0800

The first lawsuit stemming from the current E. coli O157:H7 (E. coli) recall by JBS Swift Beef Company of Greeley, Colorado that has been linked to 23 E. coli illnesses in California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin was filed today on behalf of an Albuquerque-area child who was infected with E. coli after eating kabobs prepared by his grandmother on Mother’s Day.

The lawsuit was filed on behalf of the family of 14- year old Alex Roerick by his attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray.

Alex ate dinner with his grandma on May 10, 2009. He began to experience flu-like symptoms including fatigue, fever, nausea, diarrhea, and vomiting by May 13. Alex’s symptoms worsened and he was admitted on May 15th to Denver's Presbyterian St. Luke's Medical Center. He was released several days later, before being rushed back again due to severe bloody diarrhea. His doctors determined that Alex had developed hemolytic uremic syndrome, or HUS, a devastating complication of his E. coli O157:H7 infection.

The genetic fingerprint of the E. coli found in Alex’s stool matches that of others sickened in the nationwide outbreak tied to recalled JBS Swift Beef. He continues to experience effects of his illness.

“JBS Swift and the FSIS were much too slow about releasing information on where the beef was distributed,” said Marler. “Even with widespread consumer pressure, the information was only released a day before the 4th of July holiday, not nearly enough time to get the word out to families that might have the contaminated meat in their homes. Our government agencies need to work faster in recall situations to prevent more people from suffering what Alex and his family have experienced.”

In the early morning hours of Sunday, June 28, the JBS Swift Beef Company expanded its earlier recall of 41,280 pounds of beef contaminated with the highly toxic pathogen E. coli to include an additional 380,000 pounds.

The beef recalls are FSIS (Food Safety and Inspection Service) Class I, meaning that the "use of the product will cause serious, adverse health consequences or death." After years of large recalls, focused efforts by meat regulators brought down E. coli contamination recalls to a low of 182,000 pounds in 2006. Recalls shot up again in 2007, and in the ensuing years (2007-2009), over 41 million pounds of beef have been recalled due to contamination with E. coli.

ABOUT MARLER CLARK: William Marler has been a major force in food safety policy in the United States and abroad. His food safety blog, Marler Blog, is read by over 1,000,000 people around the world every year. He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death. His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce. In 1998, Mr. Marler formed the not for profit, Outbreak Inc. He spends much of the year speaking on how to prevent foodborne illnesses.

Official List Of Retailers Who Got Tainted Beef From JBS Swift USA's Greeley Beef Plant Grows To 82 Pages!

marler@marlerclark.com (E. coli Attorney) — Sat, 04 Jul 2009 10:39:49 -0800

Good to see USDA/FSIS and JBS Swift USA are working on the 4th. The list of retailers is now is 82 pages long. The E. coli O157:H7 Illnesses are at least 23 in nine states.

Retail Outlets named in E. coli O157:H7 Outbreak Linked to JBS Swift

bmarler@marlerclark.com (Bill Marler) — Thu, 02 Jul 2009 21:59:36 -0800

The Following outlets were identified today by JBS Swift and FSIS:

Price Chopper

Hannaford

Stop & Shop

Food 4 Less

Fry's

Smith's

Costco

Sams Club

Kroger

SAV a Lot

Knight Super Foods #4

Weldon's Meat Market

Jasper Mercantile

Keeney's Food Mart

Sweetbay

All DAY AM PM MART

Hobby's Hoagies Produce

SHRTN HTL Produce

Giant

Full List.

Here (At Last) Is The List of Retailers Who Got Meat From JBS Swift USA's Greeley Beef Plant

marler@marlerclark.com (E. coli Attorney) — Thu, 02 Jul 2009 11:22:38 -0800

A few days before many of us light up the barbeque, JBS Swift and the FSIS finally publish the list of retailers who received the tainted-meat (click on below).

Frankly, the retailer names had trickled out over the last few days as responsible stores alerted thier customers. Whats a bit odd, it that the location of the stores that received the meat do not seem to completely match up to where the illnesses are located. According to the CDC, twenty three persons infected with a strain of E. coli O157:H7 with a particular "DNA fingerprint" have been reported from 9 states. Of these, 17 have been confirmed by an advanced DNA test as having the outbreak strain; confirmatory tests are pending on others. The number of ill persons identified in each state is as follows: California (4), Maine (1), Michigan (6), Minnesota (1), New Hampshire (1), New Jersey (2), New Mexico (1), New York (1) and Wisconsin (6). So, begs the question? "Where is ALL of the beef?"

Multistate Outbreak of E. coli O157:H7 Infections Associated with Beef from JBS Swift Beef Company

marler@marlerclark.com (E. coli Attorney) — Wed, 01 Jul 2009 21:37:53 -0800

Several state health departments, CDC, and the United States Department of Agriculture's Food Safety and Inspection Service (USDA-FSIS) are investigating a multi-state outbreak of Escherichia coli O157:H7 infections. On June 24, FSIS issued a notice about a recall of 41,280 pounds of beef products from JBS Swift Beef Company that may be contaminated with E. coli O157:H7. On June 28, the recall was expanded to include 380,000 pounds of assorted pieces of beef (beef primal products) from the same company. Health officials in several states who were investigating reports of E. coli O157:H7 illnesses found that most ill persons had consumed ground beef, and many reported that it was undercooked. At least some of the illnesses appear to be associated with products subject to these recalls. Samples from unopened packages of ground beef recovered from a patient's home were tested by the Michigan Public Health Laboratory yielded an E. coli O157:H7 isolate that matched the "DNA fingerprint" of the outbreak strain.

Twenty three persons infected with a strain of E. coli O157:H7 with a particular "DNA fingerprint" have been reported from 9 states. Of these, 17 have been confirmed by an advanced DNA test as having the outbreak strain; confirmatory tests are pending on others. The number of ill persons identified in each state is as follows: California (4), Maine (1), Michigan (6), Minnesota (1), New Hampshire (1), New Jersey (2), New Mexico (1), New York (1) and Wisconsin (6).

Most ill persons reported consumption of ground beef, and many reported that it was undercooked. Ground beef with the outbreak strain was obtained from the home of one person infected with that strain. The first reported illness began on April 2, 2009, and the last began on June 13, 2009. Among 17 ill persons for whom hospitalization status is known, 12 (70%) were hospitalized. Two patients developed a type of kidney failure called hemolytic uremic syndrome (HUS). No deaths have been reported. Of patients with available information, 14 (64%) were male and 59% are less than 19 years old (range 2 to 74 years).

Most of the beef packages in the first recall bear the establishment number "Est. 969" inside the USDA mark of inspection and have identifying package dates of "042109" or "042209." Consumers are urged to check their refrigerators and freezers for beef products produced by this firm and purchased on or after April 21, 2009 and discard or return the recalled beef products to the place of purchase for a refund. The pieces of beef (primal beef products) in the expanded recall were produced on April 21, 2009, and were distributed nationally and internationally. Boxes of these pieces of beef bear the establishment number "EST. 969" inside the USDA mark of inspection, the identifying package date of "042109," and a time stamp ranging from "0618" to "1130." These pieces of beef were sold to retail stores nationwide after April 21, 2009, and some was probably cut again or made into ground beef, then re-packaged, so packages purchased by consumers may not have identifying information. Customers with questions about the source of a package of beef should contact the place where they purchased it (e.g., grocery store, club store, or meat market).

More Retailers Come Forward To Say They Are Involved In JBS Recall: Canada Issues Its List

marler@marlerclark.com (E. coli Lawyer) — Wed, 01 Jul 2009 21:04:53 -0800

The JBS Swift USA recall of 380,000 pounds of beef contaminated with E. coli O157:H7 also involves these retailers:

Bloom and Food Lion Stores in Georgia, South Carolina and Virginia – beef cuts and ground beef
CostCo – steaks, ribs, ground beef
Hannaford Bros. Co. – beef cuts and ground beef
Price Chopper – ground beef and beef loin bottom sirloin steaks.
Roundy's Supermarkets, Inc., including Pick 'n Save, Copps and Rainbow stores – beef cuts and fresh ground beef
Stop & Shop Supermarket Company – ground beef
WinCo Foods, LLC Stores in Idaho and Oregon – boneless bottom round roast, steak, carne asada, ground beef

The Food Safety and Inspection Service (FSIS) has so far been silent about the retailers involved in the recall. The retailers that have come forward have done so on their own.

The Canadian Food Inspection Agency advises that meat recalled by JBS Swift USA was sold under the President's Choice brand (steaks, roasts and ground beef) in the following stores:

Ontario: Cash & Carry,Real Canadian Wholesale Club, Dominion, Extra Foods, Fortinos, Freshmart, Loblaws, No Frills, Real Canadian Superstore, Loblaw Superstore, Valu-mart, Your Independent Grocer, Zehrs, Westfair, Sue’s Market (205 Don Head Village Blvd., Richmond Hill)
Québec: AXEP, Intermarché, Loblaws, Entrepôt Presto, Club Entrepôt Provigo, Provigo
Atlantic Provinces: Cash & Carry, Real Canadian Wholesale Club, Dominion, Freshmart, Red & White, Quick Mart, Save Easy, Atlantic Superstore, Valu-mart.

Kroger Stores, Including Fry's, Smith's And Food 4 Less All Come Forward In JBS Beef Recall

marler@marlerclark.com (E. coli Lawyer) — Tue, 30 Jun 2009 15:20:18 -0800

Looks like JBS Swift USA has one customer coming forward on its own.

The Kroger Co. and its Fry’s, Smith’s, and Food 4 Less stores are all asking customers to check their freezers and return any beef with April 27-June 1 sell-by dates. The Smith's website has a good summary.

Kroger said it was “recalling select store-brand and store-packaged ground beef products because the beef was supplied by JBS Swift Beef Co. and may be contaminated with E. coli O157:H7.”

Kroger stores in the Greater Cincinnati area, including Dayton, northern Kentucky and southeastern Indiana; Greater Memphis, Tenn.; Arkansas, Mississippi; Indiana (except southwestern Indiana and Evansville); Illinois; and eastern Missouri sold the bad beef.

Smith’s stores, which are located in western states, are also involved in the recall. As are Food 4 Less stores in Illinois and Indiana and Fry’s Stores in Arizona.

Kroger, with $76 billion in sales last year, is the only retail chain to acknowledge its involvement in the JBS recall of beef linked by the Centers on Disease Control and Inspection (CDC) to a multi-state outbreak of E. coli O157:H7.

The Cincinnati-based Kroger has 2,475 stores in 31 states doing business under a bunch of names.

Still nothing from FSIS to indicate whether JBS sold meat to others besides the Kroger chain.

JBS Blames Its Wholesale Customers; Public Still Has No List of Retailers From FSIS

marler@marlerclark.com (E. coli Lawyer) — Tue, 30 Jun 2009 14:12:09 -0800

E. coli O157:H7 originates in the intestines of cattle. Cattle, as many as 6,000 a day, are killed, processed and packed at the Greeley Beef Plant owned by JBS Swift USA.

Yet JBS says the beef products it has recalled were contaminated outside their Colorado slaughtering plant because it was their customers that through trimming and grinding turned whole muscle cuts into ground beef.

“The ground beef that might have been associated with illness was produced by other companies, who often do not use the antimicrobial intervention steps we employ in our facility to reduce the risk of the beef products, JBS spokesman Chandler Keys told the Grand Island Independent.

“Nevertheless, we have agreed to expand our recall of whole muscle cuts out of an abundance of caution for consumers,” Keys said.

JBS upped its original June 24^th beef recall to at least 380,000 pounds on June 28^th after the Centers for Disease Control (CDC) linked meat produced by the Greeley Beef Plant to a multi-state outbreak of E. coli O157:H7.

The attempt to shift blame to its wholesale customers who took possession of the meat produced by the JBS facility on April 21^st is unusual to say the least. JBS is the third largest beef producer in the United States, and is owned by the world’s largest beef producer, Brazilian-based JBS SA.

Keys says its wholesale customers are being contacted by phone and mail. He says the company is “working closely with the USDA to ensure that product is removed from the marketplace and the recall is completed successfully.”

Chances are what’s left of this tainted meat is not in the marketplace,” but in somebody’s freezer. Unless and until it’s connected with a retail source, most people are clueless as to whether they bought the bad meat.

There’s a PDF file of the products JBS produced on April 21^st that are included in the retail, but that does not help anyone much. Keys offers the fairly useless suggestion people go have a chat with the butcher at their local retail store. Lot's of luck with that one.

The solution to the problem is public release of the list of the meat-receiving retailers, something the Bush Administration began during last year’s E. coli season. Under the new Obama Administration, however, that new policy has seen spotty enforcement.

Almost a week after the JBS beef recall began, there has been no list of retailers issued by either USDA’s Food Safety & Inspection Service, nor JBS. Nothing, nada, zip.

JBS Brings Investments To Greeley And Some E. coli To Beef Eaters

marler@marlerclark.com (E. coli Lawyer) — Mon, 29 Jun 2009 20:21:34 -0800

The world’s largest beef producer is now responsible for the year’s largest E. coli O157:H7 beef-related outbreak to date in America. The entry of JBS into a dominant position in the U.S. beef industry has been both recent and quick.

Dick and Charlie Monfort, who today together lead the group that owns the Colorado Rockies baseball team, would still probably have no trouble finding their way around the meat packing plant they once owned in Greeley, CO, 60 miles north of Denver.

They might have a harder time finding the gleaming headquarters building for JBS Swift USA, which today owns that Greeley packing plant and 15 others in the United States. JBS is located in “The Promontory” as far away to the West as you can get from the meat processing facility the Monfort family sold to ConAgra in 1987 for $300 million and still be in Greeley.

What Monfort Inc. sold became ConAgra Red Meats. It was next sold to an investor group and became part of Swift & Company. Two years ago, all Swift & Company operations in the U.S. were swept up for $1.4 billion cash by JBS SA, which is today the world’s largest beef producer.

How big? JBS has the capacity to kill, process, and pack 80,000 head of cattle per day. JBS operations include 22 in Brazil, 6 in Argentina, 10 in Australia, 10 in Italy, and the 16 in the US.

From his new offices, with striking views of Colorado’s Front Range, Wesley Batista, President and CEO of JBS Swift USA, can probably get to his estate-size home in Fort Collins, CO faster than he can drive through Greeley’s clogged street traffic to the meat plant on the east side of town.

But it was in that Greeley plant that on one day in April produced the bad beef now being recalled after they were linked to the current multi-state out break of E. coli O157:H7 that the Centers for Disease Control & Prevention (CDC) says has made at least 18 people sick.

The Greeley beef plant has struggled with more than the turnover in ownerships since the Monforts left it to others. Even when Dick remained as a Con Agra executive, the Greeley plant suffered through a massive 19 million pound recall in 2002.

The darkest moment for the company and surrounding community came in December 2006 when federal agents raided six Swift operations in the U.S., including the Greeley plant and arrested a total of about 1,200 employees for alleged immigration violations.

Critics charged the raid was politically motivated to send a message to other employers and rounded up citizens and non-citizens alike so long as they did not speak perfect English and were not light-skinned.

That description also fits Mr. Batista, the Brazilian son of the 75-year old founder of JBS. He was took on the job of being CEO for JBS Swift USA because of his hand-on management style and experience in running beef processing plants. When he arrived in Greeley two years ago, he planned to work on his English before taking on a more public posture.

He is still working on his English, but has responded to demands to speak to cattlemen and community leaders where JBS Swift plants are located. Cattlemen are said to be less suspicious after hearing him and community leaders are downright giddy.

In addition to the new headquarters, Greeley has benefited from JBS adding a 250-truck transportation unit, expanding operations, adding shifts, and employing 1,500 more people. With two shifts going, the Greeley beef plant can process 6,000 cattle per day.

JBS Swift might have been the largest beef producer in the U.S., but the Bush Justice Department in October 2008 filed a challenge to its $560 million purchase of Kansas City-based Natural Beef. Cattlemen worried about “unbridled concentration.”

JBS pulled out of sale, leaving it No. 3 in the U.S. behind Tyson’s and Cargill. It did last year buy the Smithfield Beef Group, including the Five Rivers Cattle feed lot operation.

Now called “JBS Five Rivers,” it has ten feed yards with a one time capacity to fatten 820,000 head of cattle in four different states adjacent to the existing JBS slaughter facilities. Almost 2 million head of cattle were fattened in these feed yards in the last twelve months.

The Colorado Livestock Association heard from Batista last Friday. The beef recall had been announced a couple of days earlier, but had not yet been expanded to 380,000 pounds and connected to the multi-state E. coli O157:H7 outbreak by CDC.

If Batista mentioned the recall to the cattlemen, the Greeley Tribune reporter must not have thought it was important. What was important was talk about investment in cattle.

“Without cattle, we don't have an industry. We invested $3 billion here and we have only one raw product and that is cattle,” Batista said. “We are very optimistic and we are starting to see growth all over the world. There is some great opportunity out there and we all need to work towards that.”

FDA CONFIRMS E. COLI O157:H7 IN PREPACKAGED NESTLÉ TOLL HOUSE REFRIGERATED COOKIE DOUGH

marler@marlerclark.com (E. coli Lawyer) — Mon, 29 Jun 2009 18:45:33 -0800

This just came in from your federal government:

Today, the U.S. Food and Drug Administration announced that it has found E. coli O157:H7 (a bacterium that can cause serious food borne illness) in a sample of prepackaged Nestlé Toll House refrigerated cookie dough currently under recall by the manufacturer and marketer, Nestlé USA. The contaminated sample was collected at Nestlé’s facility in Danville, VA on June 25, 2009.

On June 19, the FDA and the U.S. Centers for Disease Control and Prevention warned consumers not to eat any varieties of prepackaged Nestlé Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7. The warning was based on an epidemiological study conducted by the CDC and several state and local health departments. As of Thursday, June 25, the CDC reports that 69 persons from 29 states have been infected with the outbreak strain. Thirty-four persons have been hospitalized, nine with a severe complication called hemolytic uremic syndrome. No one has died.

Nestlé USA has fully cooperated with the FDA and CDC investigation and has recalled all of its prepackaged Nestlé Toll House refrigerated cookie dough products.

JBS Swift Expands E. coli O157:H7 Recall of Beef Primals to Over 210 Tons Due to Link to 18 to 24 Illnesses

marler@marlerclark.com (E. coli Attorney) — Sun, 28 Jun 2009 08:41:52 -0800

Recall Release CLASS I RECALL
FSIS-RC-034-2009 HEALTH RISK: HIGH

This recall release is being reissued to expand the June 24 recall to include approximately 380,000 pounds of assorted beef primal products.

JBS Swift Beef Company, a Greeley, Colo., establishment is voluntarily expanding its June 24 recall to include approximately 380,000 pounds of assorted beef primal products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

Together with traceback information and laboratory data, the recall is being expanded as a result of FSIS' cooperation with the Centers for Disease Control and Prevention (CDC) in an ongoing investigation into 24 illnesses in multiple states, of which at least 18 appear to be associated. This investigation prompted the company to re-examine the effectiveness of their food safety system for the April 21 production of beef primals, and they are conducting this recall out of an abundance of caution as the safety of the products produced on a portion of that day could not be assured.

The beef products were produced on April 21, 2009 and were distributed both nationally and internationally. A list of the products subject to the expanded recall attached – 104 Pages.

Each box bears the establishment number "EST. 969" inside the USDA mark of inspection as well as the identifying package date of "042109" and a time stamp ranging from "0618" to "1130." However, these products were sent to establishments and retail stores nationwide for further processing and will likely not bear the establishment number "EST. 969" on products available for direct consumer purchase. Customers with concerns should contact their point of purchase.

The recalled products include intact cuts of beef, such as primals, sub-primals, or boxed beef typically used for steaks and roasts rather than ground beef. FSIS is aware that some of these products may have been further processed into ground products by other companies. The highest risk products for consumers are raw ground product, trim or other non-intact product made from the products subject to the recall.

Is FSIS Going To Let JBS Hide Its List of Processors and Stores From Public?

marler@marlerclark.com (E. coli Lawyer) — Sat, 27 Jun 2009 20:35:16 -0800

At least when Nestles USA announced that it was recalling all its Toll House cookie products, the public knew which retailers were involved. Every retail grocery in the country provides generous space for Nestle products.

Nestle is currently at the center of the largest E. coli recall and largest E. coli outbreak in the country, and one-by-one the victims and their families are filing lawsuits against the cookie giant.

The deadly E. coli O157:H7 with a particular DNA fingerprint has linked 69 people in 29 states with the apparent cookie dough contamination.

Getting far less public attention than the Nestle’s E. coli O157:H7 cookie dough recall are seven beef recalls announced by the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA).

When a meat processor recalls its beef, the information is not much use to consumers unless they are told which retailers and restaurants are selling the product. Time and time again, food safety advocates have found “recalled” items still on the shelves long after retailers were told to remove them.

A year ago, FSIS announced it would at least identify which retailers are involved in a recall within a three to ten day period. That new policy appears to be getting hit and miss attention this year by FSIS.

Andrew Shain at The State newspaper in South Carolina unsuccessfully attempted to get a list of retailers in that state who carry meat from JBS Swift Beef Company’s massive Greeley, CO processing plant, which has a recall out on 41,280 pounds of beef.

A JBS official told The State processors and stores did not want their names released and would “contact the public as they see fit.”

The JBS recall due to contamination by E. coli O157:H7 is the seventh to occur since May 4^th. It was announced on June 24^th, and no list of retailers has yet been made available by FSIS.

It came just two days after Chicago’s International Meat Company on June 22^nd recalled 6,152 pounds of ground beef products believed to be contaminated with E. coli 0157:H7. That meat went to other distributors and restaurants in the Chicago area, so FSIS says there will be no list of retailers. (Restaurants must not be retailers, according to FSIS).

The 75 pounds of fresh beef trim products recalled on June 8^th by Snow Creek Meat Processing in Seneca, SC all went to the Amazing Savings Stores in Asheville and Black Mountain, NC. The retailers were identified on the same day by FSIS.

It took two days after the June 2^nd recall by Portland, OR-based SP Provisions of almost 40,000 pounds of E. coli-tainted ground products for FSIS to finger Riley’s Market in Bend, OR as the only retailer involved.

On May 21^st, Coal Valley, IL-based Valley Meats LLC recalled 95,898 pounds of ground beef found contaminated with E. coli O157:H7 after an outbreak was discovered by the Ohio Health Department. Its by far the biggest recall of 2009, but FSIS claims no retailers are involved. It seems all the meat went to what FSIS said were “various consignees nationwide.”

The May 12^th recall by Bob’s Food City in Hot Springs, AK of 375 pounds of ground beef products thought to be contaminated with E. coli O157:H7 involved only that retail outlet and FSIS said so on the same day.

May 4^th was the date of the first E. coli recall of both 2009 and the new Obama Administration. FSIS said none of the 4,663 pounds of ground beef products contaminated with E. coli O157:H7 went to retailers, only western New York restaurants. Alex & George Wholesale, Inc. of Rochester, NY issued the recall.

Seven beef recalls due to O157:H7 contamination so far in 2009 are for a total of 188,341 pounds. All seven are “Class 1, High Risk” recalls. At least one led to the outbreak in Ohio. And, the E coli beef season is just getting started.

Brazil's JBS Swift Beef Company Issues Recall For E. coli-tainted Beef In 13 States

marler@marlerclark.com (E. coli Lawyer) — Wed, 24 Jun 2009 19:38:47 -0800

Beef products produced in Colorado by the Brazilian-owned JBS Swift Beef Company on April 21 and 22, 2009, and then shipped to distributors and retail establishments in Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin are now being recalled.

The problem --possible contamination by E. coli 0157:H7-- was discovered through federal microbiological sampling and an "investigation into the distribution of other products."

Frankly, we are not sure what that part about an investigation means. It could mean people are already sick.

All totaled, the Greeley, CO-based JBS Swift Beef Company issued a recall for 41,280 pounds of beef, according to the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

It is the seventh recall of beef contaminated by E. coli 0157:H7 this year. Continue reading for the complete list of beef products subject to the recall.

The products subject to recall include:

Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21852."
Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "21853."
Boxes of "Swift, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31852."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "31853."
Boxes of "Swift, USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33852."
Boxes of "USDA SELECT, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "33853."
Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."
Boxes of "BLACK ANGUS, Swift Premium, BEEF, USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "41853."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/DN S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79852."
Boxes of "Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, an identifying package date of "042109" and a case code of "79853."
Boxes of "USDA CHOICE OR HIGHER, Bnls Beef Bottom Sirloin, Butt Ball Tip 2/UP S/T." Each box bears the establishment number "EST. 969" inside the USDA mark of inspection, identifying package dates of "042109" or "042209" and a case code of "90853."

Second Lawsuit Filed, This One In Colorado, As E. Coli Cookie Outbreak Spreads Across Country

marler@marlerclark.com (E. coli Lawyer) — Tue, 23 Jun 2009 14:03:28 -0800

We borrow this from the Marler Blog, where it was filed earlier today:

An E. coli lawsuit was filed today on behalf of a Denver-area child who became gravely ill with E. coli O157:H7 after eating refrigerated Nestle Toll House cookie dough. The lawsuit was filed on behalf of the family of Madison Sedbrook by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray.

Six-year-old Madison ate Nestle Toll House refrigerated cookie dough several times in mid-April, 2009. She began to experience flu-like symptoms including fatigue, fever, nausea, and vomiting. Not knowing the source of her illness, she continued to eat Nestle cookie dough, and by the first week of May, she had abdominal cramps, fever, and bloody diarrhea. Over the next several weeks, the family sought medical care several times for Madison’s illness, which deepened in severity. She was admitted to the hospital and then released before being rushed back and admitted to pediatric intensive care. It was determined that Madison had hemolytic uremic syndrome, or HUS, a complication of her E. coli infection, which was not diagnosed until her second hospital stay. The genetic fingerprint of the E. coli O157:H7 found in her stool matches that of the nationwide outbreak tied to cookie dough.

“This child – and this family – have been through a terrible ordeal, not the least of which is how many times they sought care before E. coli was detected,” said Marler, who spoke from the National Environmental Health Association (NEHA) convention.. “In order to detect and limit foodborne illness outbreaks, we have to make changes in our healthcare system; doctors and emergency health providers need to be encouraged to test for foodborne pathogens any time these symptoms – especially bloody diarrhea - are present.”

On Monday, the CDC released updated information on the nationwide outbreak, which now encompasses 70 ill in 30 states. Thirty people have been hospitalized, and 7 have developed HUS. Almost seventy percent of the victims are female and under the age of 19. Nestle USA has voluntarily recalled the product, and stopped production at the facility that made it and are cooperating with FDA and CDC to pinpoint the cause.

“State health departments did a great job of getting to the bottom of this outbreak, and getting the word out,” continued Marler. “But more resources are needed to speed the process up. Every day saved means dozens, maybe hundreds of families spared the Sedbrook family experience.”

ABOUT MARLER CLARK: William Marler has been a major force in food safety policy in the United States and abroad. His food safety blog, Marler Blog, is read by over 1,000,000 people around the world every year. He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death. His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce. In 1998, Mr. Marler formed the not for profit, Outbreak Inc. He spends much of the year speaking on how to prevent foodborne illnesses.

Sixth Ground Beef Recall Announced By FSIS, So Far In This E. Coli Season

marler@marlerclark.com (E. coli Lawyer) — Mon, 22 Jun 2009 21:04:21 -0800

The sixth beef recall over possible E. coli 0157:H7 contamination this season occurred Monday when Chicago's International Meat Company Inc. called back a total of 6,152 of ground beef products.

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) scored the recall as a Class I event with high health risk.

The recalled ground beef products were produced on June 17, 2009, through June 19, 2009, and were shipped to distributors and restaurants in the Chicago metropolitan area.

The problem was discovered through FSIS microbiological sampling. FSIS has received no reports of illnesses associated with consumption of these products. Individuals concerned about an illness should contact a physician.

Here's the recall list:

boxes of "International Meat Co., PURVEYOR OF FINE MEATS TO HOTELS AND RESTAURANTS, BEEF PATTIES." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."
"5- and 10-pound bags of bulk "International Meat Co., BEEF PATTIE MIX." Each bag bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."
"10-pound bags of "International Meat Co., GROUND BEEF." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."
"10-pound bags of "Packed For, Purely Gourmet & Organic, Ground Beef." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909.