Marler Blog

WSU Professor Tom Besser gets $1,000,000 to protect livestock - and people - from E. coli O157:H7.

E. coli Lawyer — Thu, 11 Mar 2010 21:15:30 -0800

Go Cougs.

Update on Daniele Black Pepper Salmonella Montevideo and Senftenberg Outbreak

Salmonella Attorney — Thu, 11 Mar 2010 20:50:09 -0800

249 individuals infected with the outbreak strain of Salmonella Montevideo, which displays either of two closely related pulsed-field gel electrophoresis (PFGE) patterns, have been reported from 44 states and District of Columbia since July 1, 2009. The number of ill persons identified in each state with this strain is as follows: AK (1), AL (2), AZ (7), CA (31), CO (5), CT (5), DC (1), DE (3), FL (3), GA (3), IA (1), ID (4), IL (22), IN (4), KS (5), LA (1), MA (14), MD (1), ME (1), MI (4), MN (6), MO (2), MS (1), NC (11), ND (1), NE (3), NH (2), NJ (9), NM (2), NY (18), OH (9), OK (1), OR (9), PA (7), RI (2), SC (1), SD (3), TN (5), TX (7), UT (9), VA (1), WA (18), WI (1), WV (1), and WY (2).

Salmonella Senftenberg, a different serotype of Salmonella, has been found in food samples from retail and a patient household during this outbreak investigation. PulseNet identified 8 persons who had illness caused by Salmonella Senftenberg with matching PFGE patterns between July 1, 2009 and today. Public health officials have interviewed 6 of the 8 ill persons with this strain of Salmonella Senftenberg and determined that two purchased a recalled salami product during the week before their illness began. These eight cases are not included in the overall case count reported above.

Food Safety News App is up on IPhone App Store

Bill Marler — Thu, 11 Mar 2010 15:31:59 -0800

Food Safety News - Safe Cooking Temperature Magnets

Bill Marler — Thu, 11 Mar 2010 14:51:16 -0800

Food Safety News - Safe Cooking Temperatures Refrigerator Magnets to be available at upcoming CDC/USDA/FDA Conference. I thought these would be good to help educate consumers and retail outlets on safe cooking. Come to the conference and get a few.

Food Safety Attorney Marler Calls for Criminal Prosecution of Manufacturers Who Knowingly Sell Contaminated Food

Bill Marler — Thu, 11 Mar 2010 07:47:39 -0800

From a Press Release I sent out this morning:

Food Safety attorney William Marler is calling for enforcement of a federal law that allows criminal sanctions to be imposed against food manufacturers that can prevent harmful food products from being distributed, but do not do so. The Federal Food, Drug, and Cosmetic Act (FD&C Act) is one of the federal government’s primary enforcement tools to prevent the distribution of contaminated or “adulterated” food.

According to Section III of the FD&C Act, a food manufacturer is guilty of a felony if the manufacturer knowingly adulterates a food product with the intent to defraud its customers. A food manufacturer commits a misdemeanor if the manufacturer is aware that a product is contaminated or “adulterated,” and has the power to stop the product from being distributed, but does not do so. The actions of Peanut Corporation of America (PCA) executives, who knowingly shipped Salmonella-tainted peanut products in 2008, qualify for prosecution under this federal statute, says Marler, as does the management of another company at the center of a current and rapidly expanding recall.

“In light of revelations that managers at Basic Food Flavors knew in mid-January that their plant was contaminated with Salmonella but continued to make Hydrolyzed Vegetable Protein (HVP) and sell it to foodmakers around the country, it is past time to prosecute companies and individuals who knowingly sell contaminated food,” said Marler.

“As with the Salmonella outbreak caused by Peanut Corporation of America (PCA) that sickened over 700 and killed nine, Basic Food Flavors knew it was shipping contaminated food destined for human consumption,” continued Marler. “It is time for executives of PCA and Basic Food Flavors to face the full force of criminal law.”

Shigella Lawsuit Filed Against Lombard Subway - Health Department Reports 21 Sickened

Shigella Lawyer — Tue, 09 Mar 2010 18:02:27 -0800

We filed a lawsuit today against a Lombard Illinois Subway restaurant for a Wheaton couple on behalf of their child who became sick after eating at the restaurant on February 26th. Ron and Sarah Bowers purchased a meal for their child, JB, which was contaminated with Shigella sonnei, a potentially lethal fecal bacteria. The child went to the pediatrician multiple times to monitor his illness, and it was not until the Bowers became aware of the Shigella outbreak from news reports that they reported his illness to the DuPage County Health Department. Their child was then tested for the bacteria and his results came back positive.

The Subway restaurant, located at 1009 E. Roosevelt Road, has been closed since March 4 as the DuPage County Health Department investigates the cause of this outbreak. The DuPage County Health Department has received 21 reports of lab confirmed cases of Shigella related to that restaurant as of late yesterday. Seven people have been hospitalized and discharged.

Coming to an IPhone App soon - Food Safety News

Bill Marler — Tue, 09 Mar 2010 12:31:02 -0800

Well Food Safety News IPhone Application has been submitted. Hopefully, it will be approved and up and running in the next few days - for free.

Did Basic Food Flavors knowingly ship Salmonella-tainted hydrolyzed vegetable protein?

Food Poisoning Lawyer — Tue, 09 Mar 2010 11:44:28 -0800

According to the Wall Street Journal a few moments ago, Basic Food Flavors Inc., the Las Vegas company at the center of a recall of more than 100 food products containing hydrolyzed vegetable protein, or HVP, continued to make and distribute food ingredients for about a month after it learned the bacteria salmonella was present at its processing facility.

The Wall Street Journal cites FDA official as having inspected Basic Food's plant for about two weeks starting in mid-February and found the company didn't adequately clean equipment and store foods to protect against the growth of contaminants such as salmonella. The inspectors noted that "light-brown residue" and "dark-brown liquid" was observed on or around where Basic Food makes flavor-enhancing ingredients used in foods. The inspectors said brown residue was also found in a plastic pipe used in making food ingredients.

Here is the full FDA 483 report (redacted):

I love the smell of a Subway Shigella Lawsuit in the morning!

Bill Marler — Mon, 08 Mar 2010 19:55:18 -0800

Sometimes lawsuits are a bit like a war, or perhaps more a long battle anyway. Like a battle or a war, the damages to each side in litigation are real – the injuries to the victims, the costs to the defendant. The decision when to file suit (when to go to war or battle) are difficult to make. And, during the course of the battle or war – or litigation – each side might seek or have advantages or disadvantages – setback or victories.

Tomorrow the following will be filed in DuPage County Circuit Court:

2.2.1 On February 26, 2010, Ron and Sarah Bowers purchased a meal for their child, JB, from the defendant’s Subway restaurant located at 1009 East Roosevelt Road in Lombard, Illinois. Unknown to the plaintiffs, the sandwich that the defendant had manufactured, distributed and sold to them, and that JB thereafter consumed at the defendant’s restaurant, was contaminated by Shigella sonnei, a potentially lethal bacteria.

2.2.2 On or about February 27, 2010, JB began to exhibit signs of discomfort and illness. He began to run a mild fever, and he developed extreme abdominal cramping. By the end of the day, he was exhausted, and his condition only continued to deteriorate.

2.2.3 JB’s illness worsened throughout the next day. That afternoon, he began to vomit; bouts of explosive diarrhea commenced shortly therafter. That night, JB was unable to sleep at all, having to make many hurried trips to the bathroom to vomit or suffer another bout of diarrhea. In fact, he soon became so dehydrated and ill that he feinted and fell onto the bathroom floor, where his parents found him.

2.2.4 JB’s mother, Sarah Bowers, took her ill son to see his pediatrician later in the morning of March 1, 2010. There, the pediatrician noted that JB was severely dehydrated. JB was started on intravenous fluids and instructed to rest as much as possible. The visit lasted multiple hours, until JB had been hydrated enough to be safely discharged.

2.2.5 JB continued to suffer from fevers, nausea, abdominal cramps, and frequent diarrhea throughout the rest of the week. On Friday, March 5, 2010, Sarah Bowers again had to take JB to see his pediatrician due to continuing illness.

2.2.6 Around the time of JB’s follow-up appointment with his pediatrician, Ron and Sarah Bowers saw a local news story highlighting the Shigella outbreak associated with the defendant’s Subway restaurant located at 1009 East Roosevelt Road. They quickly reported JB’s illness to the DuPage County Health Department and have remained in contact with health department officials since that time. A stool sample recently submitted by JB tested positive for Shigella, and JB is counted as a confirmed case in the outbreak linked to the defendant’s restaurant.

“I love the smell of a lawsuit in the morning.”

Rehaping the Role of the Personal Injury Lawyer in Society and the Law

Bill Marler — Mon, 08 Mar 2010 10:26:57 -0800

I think lawyers like me are about as popular and well thought of as congress members and AIG executives. Just in the last few days I have felt the sting of prejudice when asked to financially support a couple of non-profit groups and projects, but to do so without being directly involved because others would not be if my involvement was known. I suppose after 23 years of practice I would get used to it. Actually, I love what I do and am proud of the people I represent who stick up for all of us. I am off to Washington State University Wednesday to talk about what I do and how I believe that representing people in litigation against food manufacturers serves a positive role for society as a whole. Go Cougs! By the way, click on below to view slides. There are three blank slides that will actually be videos.

Shigella Foodpoisoning Outbreak at an Illinois Subway - Shigella has a long history of Foodborne Illnesses

Bill Marler — Sun, 07 Mar 2010 19:39:28 -0800

Shigella is a bacterium that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis is the name of the disease that Shigella causes. The illness is also known as “bacillary dysentery.” Shigella bacteria can infect the intestinal tract after the ingestion of relatively few organisms. This is why shigellosis is the most communicable of the bacterial-induced diarrheas.

The source of Shigella bacteria is the excrement (feces) of an infected individual that is ultimately ingested by another person. The infectious material is spread to new cases by person-to-person contact or via contaminated food or water. Approximately 20% of the nearly 450,000 cases of shigellosis that occur annually in the U.S are foodborne-related. Generally, the food preparer is the individual who contaminates the food, but food may also become contaminated during processing.

Contamination of drinking water by Shigella is a problem that more often occurs in the developing world, but swimming pools and beaches in the U.S. can become contaminated by infected individuals. No group of individuals is immune to shigellosis, but certain individuals are at increased risk, particularly small children.

The DuPage County Illinois Health Department is keeping tabs on the rising number of gastrointestinal illnesses being reported from a Subway restaurant in Lombard. Four more cases of shigellosis were confirmed Friday, bringing the total number of confirmed cases caused by the outbreak at the restaurant to 12. Of those 12 cases, seven have required hospitalization.

Food Safety Seafood Speech in Seattle

Bill Marler — Sun, 07 Mar 2010 17:05:13 -0800

This week I get to stick close to home. I have a Food Safety Speech at the Seafood Products Association Meeting in Seattle on Tuesday and then a quick trip to Washington State University on Wednesday and Thursday. Here is the final draft of my slides for the Seafood folks:

Hydrolyzed Vegetable Protein Recall - 94 Products now on FDA List

Bill Marler — Sun, 07 Mar 2010 04:47:36 -0800

The FDA has updated its expanding recall list of various products containing Hydrolyzed Vegetable Protein. The list includes:

Bouillon Products - Herbox

Dip and Dip Mix Products - Concord Foods, De la Casa, Delicioso, Follow Your Heart, Fresh Food, Concepts, Great Value, Johnny's Fine Foods, McCormick, Oak Lake Farms, Reser's, Rojo's, T. Marzetti

Dressing and Dressing Mix Products - Follow Your Heart, Reser's, Trader Joe's

Gravy Mix Products - McCormick

Pre-Packaged Meal Products - Follow Your Heart

Prepared Salad Products - Reser's

Snack and Snack Mix Products - CVS, HK Anderson, Hawaiian, National Pretzel Company, President's Choice, Safeway, Sunflower Markets

Soup Mix Products - Castella, Homemade Gourmet

Stuffing Products - McCormick

Interestingly, the GAO published a Report late last week noting that the FDA should strengthen its oversight of food ingredients determined to be generally recognized as safe (GRAS) - like Hydrolyzed Vegetable Protein. According to the report, the FDA has largely not responded to concerns about GRAS substances, such as salt and the trans fats in partially hydrogenated vegetable oils, that individuals and consumer groups have raised through 11 citizen petitions submitted to the agency between 2004 and 2008. Furthermore, FDA has not taken certain steps that could help ensure the safety of GRAS determinations, particularly those about which the agency has not been notified. In addition, FDA does not know to what extent, or even whether, companies track evolving scientific information about their GRAS substances. Read full report:

No charges to be filed against unlicensed caterer, Aggie Jennings, who sickened 180 with Salmonella Montevideo in South Dakota

Salmonella Attorney — Sat, 06 Mar 2010 21:18:56 -0800

Brian Gehring of the Bismarck Tribune confirmed today that the South Dakota Health Department says it will not seek charges against a rural Washburn woman for operating an unlicensed catering business linked to sickening 180 people last summer.

Aggie Jennings of rural McLean County catered three events (2 weddings, 1 reunion) in mid-June that led to three separate outbreaks of Salmonella Montevideo. Ms. Jennings' catering operation was not licensed. Salmonella Montevideo is a strain that is associated with baby chickens, and Ms. Jennings raised chickens. The Salmonella strain matched a strain associated with a chicken hatchery in Iowa. At one catered event, consumption of the potato salad was associated with illness, however no food samples tested positive for salmonella. At another event, ground beef that had been served as taco meat was associated with illness and tested positive for the presence of Salmonella Montevideo. At the third event, shredded beef and noodle salad tested positive for Salmonella.

According to a recent State report, the health department issued an order to Jennings to stop catering June 17, three days prior to the McClusky event. The report also found there were four dishes that tested positive for salmonella and all had some type of preparation, storage or handling at Jennings' residence. It said several people assisting in food preparation at her home might have provided a source of cross contamination.

Brian Gehring reported that any formal charges would be brought through the local state's attorney's office, which, in this case, is Sheridan County. McLean County State's Attorney Ladd Erickson said he asked Sheridan County State's Attorney Walter Lipp to handle the case because of a possible conflict of interest. Erickson said he is a neighbor of Jennings' son and while they don't farm together, they do share some equipment at times.

Brian Gehring also reported that the Tribune called Jennings for comment and a message left on an answering machine was not returned. The Tribune has left numerous messages for Jennings since June and she's never responded.

Lombard Illinois Subway Shigella Illnesses on Rise

Shigella Lawyer — Sat, 06 Mar 2010 18:46:33 -0800

According to local press reports, the DuPage County Health Department is staffing its call center throughout the weekend to keep tabs on the rising number of gastrointestinal illnesses being reported from a Subway restaurant in Lombard.

Four more cases of shigellosis were confirmed Friday, bringing the total number of confirmed cases caused by the outbreak at the restaurant to 12, health department spokesman Dave Hass said. Of those 12 cases, seven have required hospitalization. Six of those who were hospitalized have been released, Hass said.

The restaurant at 1009 E. Roosevelt Road in Lombard remains closed as investigators try to determine the cause of the outbreak. Hass said the restaurant would open sometime next week at the earliest. Anyone who ate at the restaurant between Feb. 24 and March 1 and became ill within 12 hours to four days afterward is asked to report the incident to the health department by calling (630) 682-7400.

Shigella is a family of bacteria that can cause sudden and severe diarrhea (gastroenteritis) in humans. Shigellosis – the illness caused by the ingestion of Shigella bacteria – is also known as bacillary dysentery. It can occur after ingestion of fewer than 100 bacteria (American Public Health Association [APHA], 2000), making Shigella one of the most communicable and severe forms of the bacterial-induced diarrheas (Gomez et al., 2002). Shigella thrives in the human intestine and is commonly spread both through food and by person-to-person contact. It is named after Kiyoshi Shiga, a Japanese scientist who discovered Shigella dysenteriae type 1 in 1896 during a large epidemic of dysentery in Japan (Keusch & Acheson, 1996).

The number of shigellosis cases reported annually to the Centers for Disease Control and Prevention (CDC) has varied over the past several years, from more than 17,000 during 1978–2003, to an all-time low of 14,000 in 2004, to almost 20,000 in 2007 (CDC, 2009b). Many cases go undiagnosed and/or unreported, however. The CDC estimates that 450,000 total cases of shigellosis occur in the U.S. every year (Baer et al., 1999; CDC, 2009a). Shigellosis is also characterized by seasonality, with the largest percentage of reported isolates occurring between July and October and the smallest proportion occurring in January, February, and March (Gupta et al., 2004).

Queso Fresco Seized at Border - Is Raw Milk Cheese with Listeria that Good?

Listeria Lawyer — Sat, 06 Mar 2010 18:29:30 -0800

U. S. Customs and Border Protection announced Friday that officials seized 107 pounds of "queso fresco," which is soft Mexican cheese. The illegal cheese was hidden in false compartments of a vehicle trying to enter the United States across the Bridge of the Americas on Wednesday. Federal officials permit travelers to import personal quantities of cheese — about 11 pounds per person.

Officials say the cheese can be dangerous because it is often unpasteurized and can cause food-borne illnesses such as listeria, salmonella and tuberculosis. Officials say the cheese smugglers had their visas canceled, and the cheese they tried to sneak in was destroyed.

Washington State University has come up with a safe cheese recipe - that you do not have to smuggle in.

FDA Update on the Investigation into the Salmonella Montevideo Outbreak

Bill Marler — Fri, 05 Mar 2010 16:31:26 -0800

As part of the Salmonella Montevideo investigation, the Food and Drug Administration has been actively investigating the supply chain of black and red pepper supplied to Daniele International Inc., Pascoag, R.I.

The Centers for Disease Control and Prevention reports that 245 people have been infected with a matching strain of Salmonella Montevideo in at least 44 states and the District of Columbia. Analysis of an epidemiologic study comparing foods eaten by individuals who were sickened identified salami/salame as a possible source of illness.

Daniele International Inc. recalled a variety of ready-to-eat Italian-style meats after Salmonella was associated with its products. A complete listing of the recalled products, which are regulated by the U.S. Department of Agriculture’s Food Safety and Inspection Service.

As a result of the investigation, a number of spice products are now being recalled by Mincing Overseas Spice Company, Dayton, N.J.; and Wholesome Spice Company, Brooklyn, N.Y. Both supply pepper to Daniele International Inc. Based on recent test results, Mincing Overseas Spice Company and Wholesome Spice Company are conducting new recalls.

Products Recalled by Mincing Overseas Spice Company

A. Black Pepper Lot 3258 in 50-pound, 25-pound, and 20-pound cartons with Mincing Overseas Spice Company’s name on the outside

B. Black Pepper Lot 3309 in 50-pound, 25-pound, and 20-pound cartons with Mincing Overseas Spice Company’s name on the outside.

Products Recalled by Wholesome Spice Company

A. Ground Red Pepper sold to Daniele International Inc.

B. Whole Black Pepper sold to Daniele International Inc.

C. Crushed Red Pepper sold from April 6, 2009, to Jan. 20, 2010 in 25-pound boxes (Recalled on Feb. 25.)

Both Mincing Overseas Spice Company and Wholesome Spice Company sell products directly to commercial customers, who may have incorporated them into their own products. The FDA is working with the suppliers to identify the customers who received the recalled product and determine if further recalls are necessary. Consumers are encouraged to frequently check FDA’s website for the latest company recall information.

The FDA is working with CDC, USDA-FSIS, the state of Rhode Island and other states to determine the extent to which pepper played in the Salmonella Montevideo outbreak. The Agency has collected 153 composite pepper samples, which represent more than 3,600 subsamples, at various locations in the supply chain. Samples from four products collected at Daniele International Inc. tested positive for Salmonella. Samples of crushed red pepper have tested positive for the outbreak strain; the FDA is working to determine if the type of Salmonella found in the other products also matches the outbreak strain.

As part of FDA’s investigation, the Agency collected samples of pepper from other customers who received product from Mincing Overseas Spice Company and Wholesome Spice Company. Thus far, two of the samples collected have tested positive for types of Salmonella not associated with the current national Salmonella Montevideo outbreak. These findings prompted Heartland Foods Inc. to recall course ground pepper and Mincing Overseas Spice Company to recall black pepper lot 3309.

The FDA is in the process of taking a closer look at the handling of spices from farm to table and in the spring of 2009 began work on a spice risk profile. A risk profile is designed to capture the current state of knowledge related to an issue and identify any knowledge gaps. This particular risk profile focuses on microbiological contaminants and filth issues related to spices. Some members of the spice industry have already agreed to provide data to FDA for the risk profile. The risk profile will provide vital information to risk management decision-makers and will help the agency determine the best way mitigate foodborne illness issues associated with spices. Specifically it can help FDA determine: how to allocate resources, whether guidance for industry or for FDA inspectors is appropriate, or even the need for new rulemaking.

Salmonella can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (infected aneurysms), endocarditis and arthritis. Individuals having consumed any Italian sausage products and who may be experiencing these symptoms should contact a health professional immediately. For details on Salmonella sources, symptoms, and treatment, please refer to the Salmonella page on FoodSafety.gov.

Marler Clark Clients, Elizabeth and Ashley Armstrong, Profiled on CNN

E. coli Attorney — Fri, 05 Mar 2010 10:52:16 -0800

Elizabeth Armstrong and her 5-year-old daughter Ashley put a face on the 76,000,000 American’s who become sick by food each year at a cost of over $152,000,000,000.

Did the FDA Reportable Food Registry Start the Hydrolyzed Vegetable Protein Salmonella Tennessee Recall?

Salmonella Lawyer — Thu, 04 Mar 2010 19:22:24 -0800

Although some say that government does not work - perhaps there are parts that do? Did the FDA Reportable Food Registry work as it was supposed to and start the hydrolyzed vegetable protein Salmonella Tennessee recall? The reality is that according to the FDA:

[t]he manufacturer of the affected product is Basic Food Flavors Inc in Las Vegas, Nevada. Only HVP manufactured by Basic Food Flavors is involved in this recall. The FDA conducted an investigation at the facility after a customer of Basic Food Flavors reported finding Salmonella Tennessee in one production lot of HVP to the new FDA Reportable Food Registry.

The Reportable Food Registry (RFR or the Registry) is an electronic portal for Industry to report when there is reasonable probability that an article of food will cause serious adverse health consequences. The Registry helps the FDA better protect public health by tracking patterns and targeting inspections. The Food and Drug Administration Amendments Act of 2007 (Pub. L.110-085), section 1005 directs the FDA to establish a Reportable Food Registry for Industry. The RFR applies to all FDA-regulated categories of food and feed, except dietary supplements and infant formula. Registered Food Facilities that manufacture, process, pack, or hold food for human or animal consumption in the United States under section 415(a) of the FD&C Act (21 U.S.C. 350d) are required to report when there is a reasonable probability that the use of, or exposure to, an article of food will cause serious adverse health consequences or death to humans or animals. Federal, state, and local government officials may voluntarily use the RFR portal to report information that may come to them about reportable foods.

The U.S. Food and Drug Administration is taking steps to protect the public following the early identification of Salmonella Tennessee in one company’s supply of hydrolyzed vegetable protein (HVP). This is a common ingredient used most frequently as a flavor enhancer in many processed foods, including soups, sauces, chilis, stews, hot dogs, gravies, seasoned snack foods, dips and dressings. List Recall: Products Containing Hydrolyzed Vegetable Protein.

Kudos to a customer of Basic Food Flavors and the FDA's Reportable Food Registry.

Chasing the Ambulance Away: Reshaping the Role of the Personal Injury Lawyer in Society and the Law

Campylobacter Lawyer — Thu, 04 Mar 2010 14:49:09 -0800