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Personal Injury Law

Food Liability Law Blog

Discussion of emerging legal threats to the food industry.
By Kenneth Odza

Post Frequency: 2.2/day

Last Entry: August 19, 2016 at 16:09:48

"Organic Pathogens Exclusion"

Posted on September 10, 2008
Insurers are making efforts to exclude food-borne illness claims from coverage under comprehensive general liability (“CGL”) policies. The "Organic Pathogens Exclusion" is a good example. While a claim for food-borne illness may normally be covered by a CGL policy, if you have an organic pathogens exclusion, your insurer will not provide a defense and will not cover your losses if your business is sued as a result of a food-borne illness...

Dos and Don'ts for Executives Managing a Crisis

Posted on September 03, 2008
As discussed frequently in this blog, management of an outbreak at its inception determines the course of the crisis (and, in some cases, the fate of the company). The Globe and Mail, in its ongoing coverage of the Maple Leaf Foods Listeria outbreak, today published a helpful punch list of 15 dos and don’ts for corporate executives managing a food-borne outbreak...

Tuna's Not Just for Breakfast Anymore - Third Circuit Refuses FDA's Pleas for Federal Preemption

Posted on September 02, 2008
By Guest Blogger Amena Jefferson (Stoel Rives Summer Associate and UW law student) Federal preemption is on the table once again. The U.S. Court of Appeals for the Third Circuit recently decided Fellner v. Tri-Union Seafoods, No. 07-1238, 2008 WL 3842925 (3d Cir...

Developing A Strategy For Crisis Management

Posted on August 28, 2008
An upcoming panel discussion at the Nutritional Law Symposium in Utah and a call from a reporter about the Maple Leaf Foods issue in Canada have me thinking a lot about crisis management. How a business responds at the outset of an alleged food-borne outbreak determines its fate in many ways...

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Irradiation - Evaluating the Investment

Posted on August 25, 2008
With a fair amount of fanfare , last week the FDA approved irradiation of iceburg lettuce and spinach. For restaurant owners, the question is whether they should invest in this process. Like pasteurization, irradiation may provide an added level of protection from food-borne illnesses such as salmonella and E...

More on Compensation for Tomato Growers

Posted on August 21, 2008
I wrote recently about legislation introduced in Congress to compensate tomato growers for their losses during the recent and protracted Salmonella Saintpaul investigation. While the legislation has not yet advanced, Cindy Skrzycki from Bloomberg...

Government Assistance for Rotten Tomatoes?

Posted on August 05, 2008
I recently received a call from a reporter about legislation introduced by Representative Tim Mahoney (D-Fl), that would provide “emergency assistance to growers and first handlers of tomatoes.” The text of the bill, HR 6581, as referred to the House Agriculture Committee reads as follows: SECTION 1...

"Canada is Next"

Posted on August 01, 2008
Anyone interested in trends in cross-border mass-torts litigation and the nightmare this is becoming should read a recent article in Bloomberg Law Reports entitled "Brave New World: The Dawn of Hyper-Complex Litigation" In the article, appears the following: "The Canadian Double-Down" "At a January 2008 products liability symposium, a well-regarded New York City plaintiffs’ attorney stood before a room of lawyers and in-house counsel...

King County Menu Labeling Goes into Effect August 1, 2008--Yet Another Call for Preemption?

Posted on July 14, 2008
Effective August 1, King County, Washington, will impose the strictest menu labeling law in the nation. King County’s law imposes menu labeling requirements, on restaurant chains that have the following characteristics: 1. The same name. 2...

Good Time To Review Crisis Management Plans

Posted on July 07, 2008
Incredibly, the Salmonella Saintpaul outbreak remains unsolved. First reported onset of illness date was April 10, yet the traceback is still not complete. Personal injury and economic damage claims await for the FDA and CDC to determine causation. Produce industry, particularly in Mexico, stands to suffer long lasting injury...

Update On Distillers Grains - E. coli Link Not Established

Posted on June 28, 2008
By Guest Blogger Jason Johns We've previously discussed ongoing research concerning safety of distillers grains previously. An article on distillers grains and E. coli in Distillers Grains Monthly (Third Quarter 2008) suggests that the scientific debate continues, and questions remain unanswered...

More on The Raw Milk Debate - Consumer Choice vs. Consumer Protection

Posted on June 24, 2008
Recently discussed on this site was how the raw milk debate is in many ways ground zero for the debate between consumer protection and consumer choice. The Seattle Post Intelligencer ran an interesting piece today focusing on just that debate. I found comments attributed in the article to Kansas State professor Doug Powell most salient: Doug Powell says he's not surprised that government health officials denounce the dangers of raw milk then turn around and license the sale of the same milk...

Tomato Fallout - Recall Insurance Coverage Disputes

Posted on June 17, 2008
In the wake of the FDA warning on tomatoes (which remains ongoing because the FDA hasn’t identified the source of the salmonella outbreak), questions arise about its economic impact. The 2006 spinach outbreak caused massive economic damage in lost sales...

Yes, We Have No Tomatoes

Posted on June 11, 2008
By Guest Blogger Richard GoldfarbSunday, at a local restaurant, I saw a sign saying that there would be no fresh sliced tomatoes on my burger. Although it is quite clear that there are safe tomatoes available, the FDA has encouraged restaurants simply to cease selling them...

Raw Milk Debate: Ground Zero For The Conflict Between Consumer Rights and Consumer Protection?

Posted on June 01, 2008
First a disclaimer: Personally, I’m not convinced of the health benefits of raw milk, though I’m told many exist. I’m also not convinced of the argument that raw milk is less safe than pasteurized milk. After all, foodborne disease continues to be transmitted by pasteurized milk, despite its pasteurization...

A Cry for Federal Preemption?

Posted on May 19, 2008
In Arkansas, a putative class action has been filed by consumers who allege violations of consumer protection laws of four states because they purchased Tyson chicken products with packaging labeled, “Raised Without Antibiotics.” The plaintiffs claim that the packaging was “deceptive,” and they were “de-frauded” because the feed consumed by the chickens contained Ionophores, which is classified by the FDA as an antibiotic...

What Is the Utility of Microbiological Testing Data in Litigation?

Posted on May 07, 2008
As microbiological testing of products in the field or in processing plants becomes more frequent (even ubiquitous), there are questions about its usefulness. Microbiologists say that the utility of microbiological sampling as it is currently done is marginal at best...

"Shotgun Questionnaire"--An Important Tool in Food Liability Defense

Posted on April 15, 2008
Food-borne illness cases generally involve strict liability. If a plaintiff can show illness and a causational link between the illness and adulterated food produced by the defendant, the defendant generally will be liable for damages proven by the plaintiff...

FSIS to Begin Testing for Non-O157 E. Coli

Posted on April 14, 2008
Dr. Richard Raymond, Under Secretary for Food Safety at the USDA, dropped a bombshell this week. As reported in the Des Moines Register, Dr. Raymond explained at the Seattle University food law symposium that his agency will begin testing for at least six different non-O157 E...

Stay Tuned for More Non-O157 Information

Posted on April 08, 2008
Tomorrow FSIS will hold a meeting to discuss “challenges and proposed solutions in moving forward to address recalls and illnesses related to E. coli O157:H7.” The meeting will “explore proposed next steps as a means to make progress in the challenge of addressing E...

Registration Filling Fast For April 11-12 Food Law Symposium

Posted on April 01, 2008
Next week’s food law symposium at Seattle University School of Law, cosponsored by my law firm, Stoel Rives is approaching quickly (I will be one of the moderators). In attendance will be Governor Christine Gregoire, top officials from the CDC and the USDA, representatives of the food industry, scientists, consumer advocates, food lawyers (both plaintiff and defense), and other stakeholders...

CDC Believes That Risks Associated with Leafy Greens Have Been on the Rise

Posted on March 26, 2008
Following the high-profile leafy greens E. coli outbreaks in 2006, CDC started studying the trends. It concluded that “during 1996 2005 leafy green consumption increased 9% and leafy green-associated outbreaks increased 39%,” according to a recent article on ScienceDaily...

Importance of Experts At Outset of Outbreak

Posted on March 21, 2008
A few weeks ago, I gave a presentation at a CLE seminar about how to use and challenge expert witnesses in a food case. One of the interesting discussions that occurred during my talk was about the importance of retention of experts at an early stage, even before health department officials finalize their findings...

FSIS to Start Posting Plant Testing Data

Posted on March 10, 2008
I wrote earlier about Dr. David Goldman's talk at the ACI Food-Borne Illness Litigation conference and his comments regarding supermarkets. Another significant issue concerns posting by FSIS of microbiological testing results from meat and poultry plants on its Web site...

Mitigating Supermarket Liability

Posted on March 04, 2008
Last week I had the privilege of attending and speaking at the American Conference Institute’s foodborne illness conference in Scottsdale, Arizona. One of the other speakers was David Goldman, M.D., Ph.D., Assistant Administrator of the Office of Public Health Science, Food Safety and Inspection Service (“FSIS”), United States Department of Agriculture (“USDA”)...

USDA to Study Distillers Grains

Posted on February 19, 2008
We recently published an email alert concerning studies allegedly linking distillers grains and E. coli O157:H7. The Des Moines Register ran a recent article on the subject. The article mentions the ongoing study by the USDA. The USDA study “will collect hide and feces samples from 300 control and 300 cattle fed diets supplemented with distillers grains...

Criticizing Food Sellers for Being Too Cautious About Food Safety?

Posted on February 19, 2008
I was surprised to see criticism in the blogosphere about recent efforts by Trader Joe’s and Wegmans supermarkets to restrict certain items of Chinese-grown produce (e.g., spinach and garlic) from their shelves. The critique seems to be that because some U...

Loyalty Cards and Product Recalls

Posted on February 19, 2008
Last week, a supermarket chain, Wegmans, learned that an employee working in the produce department contracted Hepatitis A. Like many supermarket chains, Wegmans, based in Rochester, New York, maintains a customer loyalty card system. According to the Buffalo News, , “the store plans an outreach to its customers they know purchased potentially affected produce by using Shoppers Club data to contact them via automated telephone calls...

Why The Fuss About Food Liability?

Posted on February 19, 2008
As we planned the launch of this blog, many asked, “Why the fuss now about food liability?” Food poisoning has always been a part of human history. Food liability litigation has been around for a long time. Products liability law traces its roots to food cases...

California Farm-Raised Salmon Cases - Preemption

Posted on February 19, 2008
The California Supreme Court last week issued an opinion that federal law does not preempt complaints brought under state deceptive-marketing laws against grocery stores for allegedly selling artificially colored salmon. The trial court found that claims were preempted by section 337(a) of title 21 of the U...

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