Health Law

Another lettuce recall (Fresh Express and Salmonella), but more questions than answers

By Drew Falkenstein

Fresh Express lettuce is being recalled due to Salmonella contamination.  This is on the heels of an E. coli O145 outbreak associated with romaine lettuce from Freshway Foods.  And it's on the heels, yet again, of Bill Marler exposing a food-safety problem that should have been disclosed by industry or FDA days ago.   

First, with regard to the current recall, Fresh Express (a Chiquita Brands subsidiary) is voluntarily recalling:

a specific selection of Fresh Express Romaine-based ready-to-eat salads with the expired Use-by Dates of May 13th through May 16th and an "S" in the Product Code because they have the potential to be contaminated with Salmonella. The recall extends only to products with these Use-by Dates and Product Codes and sold in the following states: Michigan, Minnesota, Wisconsin, Louisiana, Nebraska, Montana, Missouri, Iowa, Kansas, Oklahoma, Arkansas, Nevada, Arizona, California, Colorado, New Mexico, Texas, Oregon, Washington, Alaska, Hawaii, Idaho, Utah, Wyoming, North Dakota, and South Dakota. No other Fresh Express salads are included in the recall.  (see specific products list)

The press release also makes sure to point out that "The recall notification is being issued out of an abundance of caution based on an isolated instance in which a single package of Fresh Express Hearts of Romaine Salad with a use by date of May 15 was confirmed positive for Salmonella in a random sample test conducted by the U.S. Food and Drug Administration."

Are we getting the whole story from Fresh Express?  I recall a certain blog-post a few days ago (May 20), where it was stated that: 

Interestingly, during those discussions [about the O145 outbreak], I learned that there is also a lettuce Salmonella outbreak in the "upper-Midwest," that appears linked to industry leader, Fresh Express. It is interesting that the Health Department and FDA remain silent on this one too.

So, assuming that the information in the May 20 blog-post is correct, is this recall really occurring as a result of the detection of "Salmonella in a random sample test conducted by the U.S. Food and Drug Administration?  Or are there really just a bunch of sick people in the upper mid-west whose epidemiological circumstances point squarely at Fresh Express.  Maybe Fresh Express, or the FDA, or somebody other than Bill Marler should pony up that information.  And while you're at it, also let the public know how many people are sick, and in what states, and who grew the contaminated lettuce responsible for the outbreak.  Was it a Fresh Express farm that had the problem?  Was it a Salinas farm (likely, given the time of year) or a Yuma farm?  And finally, let the public know why a recall issues on May 24 for product with a best-by date of May 16, when there were public reports that were dead accurate as early as last Thursday.  You certainly had relevant information even before that.   

Is there a pattern here that concerns anybody else?  Could we not just re-post these relatively recent statements on basically the exact same issue:

http://www.marlerblog.com/2010/05/articles/legal-cases/romaine-lettuce-e-coli-o145-outbreak-the-fda-to-us-you-cant-handle-the-truth/

http://www.marlerblog.com/2010/01/articles/lawyer-oped/why-do-the-us-government-and-us-business-not-believe-in-capitalism/

http://www.foodpoisonjournal.com/2010/02/articles/foodborne-illness-outbreaks/the-slow-flow-of-information-about-food-outbreaks/

Full post as published by Food Poison Blog on May 24, 2010 (boomark / email).