Marler Blog

Hey Kid, Step Away from that Frog

bmarler@marlerclark.com (Bill Marler) — Fri, 03 Feb 2012 19:39:51 -0800

And, for that matter other amphibians and reptiles.

CDC just released a new report entitled “Outbreak of Salmonellosis Associated with Pet Turtle Exposures — United States, 2011”. This report describes an outbreak of 132 human Salmonella infections between August 2010 and September 2011 associated with exposure to small turtles (those with shell lengths < 4 inches). Many of these infections occurred in young children, whose illness can be severe and cause hospitalization. Despite a three decade ban on the sale of small turtles, these infections continue to occur. CDC reported similar outbreaks in 2007 and 2008. Increasing enforcement of existing regulations, increasing penalties for illegal sales and emphasizing regulations can assist in decreasing infections acquired from these reptiles. Turtles are not appropriate pets in households with young children or other high risk individuals (pregnant women, older persons and the immune-compromised).

Please follow this link to educational materials on human Salmonella infections associated with small turtles and other reptiles. Also, a web-friendly flyer is located at the following website so other organizations can link to it online: http://www.cdc.gov/healthypets/resources/posters.htm

The CDC is asking for your help to further distribute this educational flyer to help convey the important prevention messages to any individuals, groups, or organizations involved with turtles and other pet reptiles. We recommend that these flyers be displayed where young children may come into contact with small turtles, like pet stores, flea markets, day care centers, and schools.

Campylobacter Linked to Raw Milk Consumption Strikes 38 in Four States

bmarler@marlerclark.com (Bill Marler) — Fri, 03 Feb 2012 15:10:07 -0800

According to AP, an outbreak of a campylobacter bacterial infection due to consuming raw milk from a Edwin Shank’s Family Cow Farm in Pennsylvania is now linked to 38 illnesses in four states, The farm has temporarily suspended sales. Four are sick in Maryland according to the Maryland Department of Health. One person is sick in New Jersey and two in West Virginia, according to the Pennsylvania Department of Health. Thirty-one people are sick in Pennsylvania, many of them in Franklin County, where the farm is located.

Campylobacter is the second most common cause of bacterial foodborne illness in the United States after Salmonella. Active surveillance through FoodNet indicates that there are about 13 cases for each 100,000 persons in the population diagnosed yearly with C. jejuni infection (MMWR, 2009, April 10). In 2009, there were 6,033 reported cases of campylobacteriosis; however the CDC estimates that C. jejuni causes approximately 845,000 illnesses, 8,400 hospitalizations, and 76 deaths in the United States each year, according to a 2011 report.

Michael Foods Recalls Hard-Cooked Eggs Packed In Brine Sold In 10 and 25 Pound Pails Because Of Listeria Risk

bmarler@marlerclark.com (Bill Marler) — Fri, 03 Feb 2012 15:03:54 -0800

Michael Foods, Inc. is recalling specific lot dates of hard-cooked eggs in brine sold in 10- and 25-pound pails for institutional use that were produced at its Wakefield, Nebraska facility because the product has 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, 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 recalled eggs were purchased by food distributors and manufacturers located in 34 states (AL, AR, AZ, CA, CO, FL, GA, IA, IL, IN, KS, KY, LA, MI, MN, MO, MS, MT, NC, ND, NE, NJ, NV, OH, OK, OR, PA, SC, TN, TX, UT, WA, WI, WV). The recall is limited to hard-cooked eggs in brine in 10- and 25-pound pails prodced at its Wakefield, Nebraska facility, which are labeled under six brand names (Columbia Valley Farms, GFS, Glenview Farms, Papetti’s, Silverbrook, Wholesome Farms) and bearing lot codes of 1 LOT 1350W through 1 LOT 2025W and expiration dates ranging from 1/30/2012 to 3/10/2012

Only lot codes immediately preceded by a “1” AND ending in a “W” are affected, please see the following example:

Here is an example of the lot codes on the packaging: USE BY 11 FEB 12 1 LOT 1362 W – Product Labels

USE BY 11 FEB 12 = Use by Date
1 = line impacted by recall
LOT 1362 = Lot Number
W = Wakefield

None of the eggs were sold directly by Michael Foods to retailers or consumers. However, food distributors and manufacturers who purchased the eggs could have used them in products that were sold to retail outlets or used in foodservice settings. Michael Foods is working with customers who purchased eggs from these lots to ensure that all product is removed from the market. Consumers who believe they might have purchased product affected by the recall, or those who are unsure, should contact the original place of purchase.

There have been no confirmed reports of illness in connection with this product.

The recall was initiated after lab testing revealed that some of the eggs within the recalled lot dates may have been contaminated with Listeria monocytogenes. A recall of three lot dates was announced on Thursday, January 26. As a precautionary measure, the recall was expanded today to include additional lot dates. Michael Foods reached the decision to expand this recall after a thorough investigation which indicated a specific repair project that took place in the packaging room as the likely source of the

KCTS Seattle Public Television Interview with Bill Marler, E. coli Attorney and Lawyer

bmarler@marlerclark.com (Bill Marler) — Thu, 02 Feb 2012 17:58:55 -0800

From Seattle KCTS Public Television: Attorney, Lawyer and food-safety advocate Bill Marler talks about how his career has changed since the 1993 E. coli break in Seattle and his ongoing fight for tough food-safety laws.

Ethanol byproducts, like WDGS - Don't feed it to cows?

bmarler@marlerclark.com (Bill Marler) — Thu, 02 Feb 2012 17:50:49 -0800

Ethanol has long been promoted (especially by farm state Senators) as a solution to greenhouse gas emissions. In 2005, Congress passed the Renewable Fuel Standard, which mandated that 7.5 billion gallons of renewable fuel be blended into gasoline by 2012. Two years later it increased this amount to 36 billion gallons by 2022. Ethanol – the most common alternative fuel – is now blended into 70% of the nation’s gas.

So what’s the benefit? The U.S. Department of Energy says that ethanol production and use will reduce greenhouse gas emissions by up to 52%, compared to gasoline production and use.

But the list of ethanol cons - or “corns,” if you will - is lengthy. It includes:

- Ethanol is harming the meat, egg and dairy industries by taking up huge amounts of the country’s corn supply (now 40%) thereby driving up the cost of the grain used to feed livestock, and in turn upping the cost of commodities that come from animals. The end of 2011 saw the end of the government’s $5 billion in annual subsidies to the ethanol industry, but its alternative fuel requirement remains the same, meaning that if corn needs to be rationed, ethanol producers may be exempt from this rationing, putting more of a burden on meat producers, who will have to reduce the amount of animals they raise and slaughter, which will in turn make meat more expensive for consumers.

- Ethanol uses up more energy than it produces. A study out of the University of California Berkley and Cornell University found that producing a liter of ethanol requires 29% more fossil fuel energy than the ethanol energy it produces. And ethanol may not even be more efficient than gasoline. It takes an estimated 2.2 billion gallons in oil equivalents to produce 1.7 billion gallons of ethanol, according to a 2001 article from Cornell University.

- Ethanol production takes up large amounts of land, irrigation water and other resources. It takes 2.69 kg of corn grain to produce 1 liter of ethanol. In 2005, to produce the 10.6 billion gallons of ethanol used in the United States, approximately 1,335,000 acres of land were needed.

- Gas with ethanol is harder on a car’s engine than pure gasoline, and cars that use ethanol mixes are less fuel-efficient.

- For the first time in 40 years, last year the U. S. was no longer the world’s biggest corn exporter, as more and more corn goes to domestic ethanol production.

- There are children starving in Africa – actually. In a world where the food supply is becoming an increasing problem (35% of deaths of children under 5 are due to malnutrition), corn is one of the cereal grains that make up 80 percent of what the world eats, and is therefore essential to combatting global hunger. Reducing corn exports reduces the amount of the grain available to other countries.

Now, a new study by U.S. Department of Agriculture, Agricultural Research Service, U.S. Meat Animal Research Center has pointed out yet another drawback of an ethanol byproduct, wet distillers grains with solubles (WDGS), could also be harmful to public health.

According to the study, with the catchy title “Impact of Reducing the Level of Wet Distillers Grains Fed to Cattle Prior to Harvest on Prevalence and Levels of Escherichia coli O157:H7 in Feces and on Hides,” found that cattle fed finishing diets with WDGS, as opposed to a predominantly corn diet, have been shown to harbor increased Escherichia coli O157:H7 populations in the feces and on the hides.

The problems with ethanol appear many and the benefits few, and more importantly, it appears to be downright dangerous.

Unopened Family Cow Raw Milk Bottles Test Positive for Campylobacter

bmarler@marlerclark.com (Bill Marler) — Thu, 02 Feb 2012 12:04:59 -0800

The Maryland Department of Health and Mental Hygiene (DHMH) continues to advise consumers who purchased raw milk produced by The Family Cow dairy in Chambersburg, Franklin County, Pennsylvania, to discard any product purchased from this farm since January 1, 2012.

The DHMH Laboratories Administration has confirmed the presence of Campylobacter jejuni in two unopened raw milk samples purchased from this farm.

To date, there are 23 confirmed outbreak-related campylobacteriosis cases: 4 in Maryland and 19 in Pennsylvania, all of whom consumed raw milk from The Family Cow Farm.

Oklahoma's OK - it outs Taco Bell in 10 State Salmonella Outbreak

bmarler@marlerclark.com (Bill Marler) — Wed, 01 Feb 2012 14:51:52 -0800

Oklahoma State Department of Health
Acute Disease Service

Summary of Supplemental Questionnaire Responses Specific to
Taco Bell Exposure of Oklahoma Outbreak-associated Cases
Multistate Salmonella Enteritidis Outbreak Investigation
November 2011 – January 2012

Summary Demographic information

• 16 cases in 5 Oklahoma counties - Cleveland (10), Bryan (2), Lincoln (2), Pottawatomie (1), and Greer (1)

• Onset date range: 10/21/2011 – 11/18/2011 - 1 onset date unknown but believes around Thanksgiving

• Hospitalizations: 4

• Gender distribution: 10 (63%) females and 6 (37%) males

• Age range: 5 to 78 years (median 23 years)

Taco Bell exposure summary of Oklahoma cases from supplemental case-control questionnaire responses

• Total Oklahoma cases: 16

• Total interviewed: 12/16 (4 refused or were lost-to-follow-up)

• Consumed food from Taco Bell: 8/11

Like I said to MSNBC:

But food safety advocates had been putting pressure on state and federal agencies to reveal the name of firms involved in outbreaks in this case -- and those in the future.

"I think it just proves the point that it is always better to be transparent," said Bill Marler, a Seattle food safety lawyer who used his blog to lobby vigorously for the release of the name. "Taco Bell could have looked like a hero by coming out and saying that it was a supplier problem and they are going to work hard to make sure it never happens again."

And, Taco Bell's response:

In response Taco Bell said in a statement that investigators found that some of the people who became ill ate at Taco Bell, while others did not. "They believe that the problem likely occurred at the supplier level before it was delivered to any restaurant or food outlet. We take food quality and safety very seriously," Taco Bell said.

If I Drank Raw Milk, I might buy it from Ed Shank's Dairy

bmarler@marlerclark.com (Bill Marler) — Tue, 31 Jan 2012 20:28:13 -0800

I do not drink raw milk, and suggest against it, and I would never suggest that children or the elderly drink it, (see, www.realrawmilkfacts.com for reasons why) but if I did, a guy like Ed Shank of Your Family Cow Dairy might get me to buy it from him. Right now, however, he has a bit of a problem.

According to several news reports, the Pennsylvania and Maryland Departments of Health have confirmed cases of Campylobacter infections have increased to a total of 20 confirmed cases – 16 cases have been confirmed in Pennsylvania and four cases of the bacterial illness have been confirmed in the State of Maryland. Testing of the product is still underway at the Pennsylvania Department of Agriculture. Testing by Ed’s Dairy has so far come back negative.

Although Ed and his customers ( I think I have received a few dozen emails from them) have appropriately raised issues about the epidemiology of Pennsylvania’s and Maryland’s investigation, I was struck by this recent comment from the Farm’s website:

Many of you think an illness is impossible from a dairy as clean, careful, and caring as we are and have told us so. We understand. We would like to think that too, but the fact remains that we are human and we want to be humble enough to admit that it could have been us…either we personally or an equipment failure.

That is not what I see often from the proponents of raw milk (Mark, I hope you are paying attention?). There are no conspiracy theories by Ed, just a hard look at the stark facts of epidemiology – people that drank his milk are now sick.

Perhaps David Gumpert, (a.k.a., the Pope of Raw Milk) got it right almost one year ago today when Ed preemptively recalled his raw milk tainted with Campylobacter after his own tests came back positive:

All I can say to those in the public health and regulatory communities who snidely argue that producers of raw dairy are in denial about safety, The times, they are a 'changin, and farmers like Pennsylvania dairyman Edwin Shank are leading the way.

So, more so than anything, let’s hope that the people sickened get well soon. As for the investigation, the facts and the science will win out. Hopefully, however those facts play out, we can move food safety forward - Ed has been a big help.

And, please remember that a Campylobacter illness can be much more than a tummy ache:

See, The Alexandre Eco Farms Dairy Raw Milk Campylobacter Outbreak

Also See, Outbreaks, Illnesses and Recalls Linked to Raw (Unpasteurized) and Pasteurized Dairy Products, United States January 2010 – November 2011

Towards a Policy of Secrecy or Transparency in Public Health

bmarler@marlerclark.com (Bill Marler) — Tue, 31 Jan 2012 13:52:37 -0800

Is there a good reason to keep a companies name secret when it is linked to a foodborne illness outbreak?

I have a great deal of respect for Robert Tauxe, MD, MPH, Deputy Director of the Division of the CDC that is charged with prevention and control of foodborne, waterborne and fungal infections. He has been in the diarrheal trenches for a very long time – since just after E. coli O157:H7 made its quiet entrance in McDonald’s restaurant (unnamed at the time) hamburgers in Michigan and Oregon to the deadliest Listeria outbreak linked to tainted Colorado cantaloupes. Over many years he has had the responsibility for overseeing the 76 million (or is it 48 million) sickened, 325,000 (or it is 125,000) hospitalized, and 5,000 (or is it 3,000) deaths yearly due to foodborne illness – that is a lot of responsibility.

I have had the pleasure over that last two decades to on occasion share the food safety stage with him (although you get the sense that the feeling is less than mutual). And, I cannot think of anyone who looks better in a bow tie.

It is therefore with mixed emotions, and the knowledge that I likely make my relationship with public health – both federal and state - even more tenuous, that I question his quotes in today’s MSNBC dust-up over the disclosure or non-disclosure of “Mexican-style fast food restaurant chain, Restaurant Chain A” that is a source of a Salmonella outbreak that sickened 68 people in 10 states. Here is what he had to say to MSNBC:

Dr. Robert Tauxe, a top CDC official, defended the agency’s practice of withholding company identities, which he said aims to protect not only public health, but also the bottom line of businesses that could be hurt by bad publicity. The CDC, the Food and Drug Administration and state health departments often identify companies responsible for outbreaks, but sometimes do not.

“The longstanding policy is we publicly identify a company only when people can use that information to take specific action to protect their health,” said Tauxe, the CDC’s deputy director of the Division of Foodborne, Waterborne and Environmental Diseases.

“On the other hand, if there’s not an important public health reason to use the name publicly, CDC doesn’t use the name publicly.”

Because companies supply vital information about outbreaks voluntarily, CDC seeks to preserve cordial relationships.

“We don’t want to compromise that cooperation we’ll need,” Tauxe said. …

Tauxe acknowledged there’s no written policy or checklist that governs that decision, only decades of precedent.

“It’s a case-by-case thing and all the way back, as far as people can remember, there’s discussions of ‘hotel X’ or ‘cruise ship Y,” he said.

I too was quoted in the article above and was repeatedly asked if I thought that the CDC was bending to company pressure to keep the restaurant name quiet. I said emphatically no! But that did not make it into the article. So, not to put words in Dr. Tauxe’s mouth (and granted he may have had more to say), but as best as I can tell, these are his arguments for disclosure and non-disclosure and my thoughts in italics:

A. Although there is no written policy, it is the way we have done things for years;

Why do I hear my mom saying, “just because so and so does that does not mean you should too.” Like all government policies (and neckwear) - change is good.

B. Since the outbreak has concluded, there is not an immediate public health threat;

Frankly, that is true in most foodborne illness outbreaks. In nearly every single outbreak investigated by the CDC the outbreak is figured out far after the peak of the illnesses happened. However, disclosure gives the public information on which companies have a strong or weak food safety record.

C. Disclosing the name of the company jeopardizes cooperation from the company in this and future outbreaks; and

If a company will only cooperate if they are placed in a witness protection program and with promises of non-disclosure, it does not say much for our government’s and the company’s commitment to safe food.

D. Bad publicity may cause economic hardship on the restaurant.

True, but not poisoning your customers is a better business practice.

I would also add a couple more reasons that I have received via email (mostly anonymously):

1. The source was an unknown supplier, so naming the restaurant might place unfair blame on the restaurant;

This one does make some sense. However, is this the unnamed restaurants first problem with a faulty supplier, or is this a pattern? And, even if it is the first time, perhaps some of the unnamed product is still in the market?

2. Since the outbreak involves a perishable item, by the time the CDC announces the outbreak, the tainted product has long been consumed;

This one I have heard a “bunch” of times – especially in leafy green outbreaks. However, why should the public be left in the dark about the type of product that sickens as well as the likely grower and shipper so they can make future decision who to buy from?

3. Going public with the name of the restaurant compromises the epidemiologic investigation by suggesting the source of the outbreak before the investigation is complete;

I completely agree with this one. This is a tough call, and one that must create the most angst for public health officials – they decide the balance between having enough data to go forward to protect the public health or wait for more data. The point is do not go forward until the investigation is complete.

4. Public health is concerned of making an investigation mistake like, it’s the tomatoes, err, I mean peppers; and

See my answer to 3 above. This is why under the law; public health officials are immune for liability for the decisions that they make in good faith to protect the public.

5. Public health – especially surveillance – is under budgetary pressures and there is simply not the resources to complete investigations; and

There is no question that this is true. I have seen it in dropped investigations over the last few years. Labs are not doing genetic fingerprinting to help reveal links between ill people. And, many tracebacks are stopped by the lack of peoplepower to do the research necessary to find the “root cause” of an outbreak.

For me it is easy – the public has a right to know and to use the information as it sees fit, and people – especially government employees – have no right to decide what we should and should not know. CDC, FDA and the state health departments of Texas, Oklahoma, Kansas, Iowa, Michigan, Missouri, Nebraska, New Mexico, Ohio and Tennessee should do their jobs.

Sharon Jones, Listeria Cantaloupe Victim No. 32, passed peacefully last night at 11:22 pm - She was with her two sisters

bmarler@marlerclark.com (Bill Marler) — Mon, 30 Jan 2012 20:36:28 -0800

Or, 33, if you are going to count miscarriages - all included in the 146 the CDC counted. People should not die from eating cantaloupe.

Sharon Kay Jones, 62, of Castle Rock, died on January 29, 2012 from complications of breast cancer and Listeria. The oldest of 6 children, she was born May 18, 1949 in Denver, CO to Elwood V. and Maxine R. (Provenzano) Johnson. She graduated Aurora Central High School in 1967 and married David A. Jones on November 8, 1969. They have one son, WB “Dub” Jones.

Sharon and family moved to Castle Rock in 1976 where she began working for the Douglas County Treasurer’s Office. She remained there 35 years, 28 as the Chief Deputy Treasurer, and was elected Douglas County Treasurer in 2002. She retired from her second term of elected office in January 2011 and took up a part time job at the Sheriff’s office.

Sharon quickly became known for her friendly, gracious, and warm personality, earning her the unofficial title of County Hugger. She was so good in this role that she enticed hugs from the most irascible personalities, a quality earning her hundreds of friends by the time she retired. Her generous nature and conscientious leadership made her a favorite elected official among her employees, peers, fellow elected officials, state government, and treasurers’ offices across Colorado.

An adventurous soul, Sharon took numerous camping trips and road trips across the United States. She developed a love for hot air balloons and determined that her second career would be as a hot air balloon chaser. Sharon also became a “motorcycle mama”, graduating at the top of her ABATE riding class and then taking cross-country trips on a bigger bike than many men ride. It was a source of great amusement for her son and daughter-in-law to witness public reaction to this short, round, matronly woman putting on her leathers, hopping aboard a large motorcycle and roaring off.

Sharon was known for wearing an angel pin every day, never realizing that many considered her their own personal angel. Before Sharon left this Earth, she composed this message for her friends: “I‘ve been blessed my whole life with so many people that care about and love me. I’ve truly enjoyed spending time with each and every one of you. I appreciate the support you’ve given me and my son and daughter-in-law during these last hard months. Thank you so much.”

She is survived by her son and daughter-in-law WB and Melody Jones, spouse David Jones, five siblings Larry Johnson, Kim Mandos, Janice Cook, Woody Johnson, and Craig Johnson, many nieces and nephews, and an enormous extended family.

Viewing Wednesday, February 1, 2012 at St. Francis of Assisi Roman Catholic Church in Castle Rock, 11:00 a.m. to 8:00 p.m. Funeral services Thursday, February 2 at the church beginning 1:00 p.m., reception following immediately. Interment held at a later date for family and close personal friends.

Non tax-deductible donations may be made in her memory to Womenade of Castle Rock, c/o Donna Scott, 2705 Castle Crest Drive, Castle Rock, CO 80104.