Health Law

Risk of Salmonella Transmission to Infants in Grocery Carts

Posted on February 22, 2011
A study conduced in Ireland suggests a risk of transmission of Salmonella to children under one year of age while riding in grocery carts (although they are apparently grocery "trolleys" there.)  The Independent reported on a study, noting that between 20-40 cases of Salmonella are reported in Ireland each year in children of that age...

William Marler to speak at 28th Annual NCASM Spring Meeting MARCH 11th & 12th, 2011 MICROBES 2011: THE ROAD AHEAD

Posted on February 22, 2011
See full brochure. Law & Order: How Epidemiological and Laboratory Data Are Used in Food Poisoning Cases William Marler, Esq., Marler Clark L.L.P., P.S.— Seattle, WA Now that we know how laboratorians make inroads in the war on outbreaks, it's time to check out what kind of legal and ethical considerations influence the use of data collected during outbreak investigations...

Possible food poisoning takes out volunteer firefighters in New York

Posted on February 22, 2011
The Orange County Health Department is investigating the possibility that a number of Silver Lake Fire Department volunteer firefighters contracted food poisoning during a banquet they attended over the weekend. About 120 people were at the catering hall where the meal was held on Saturday night and a number of them went to the doctor at the beginning of the week with symptoms of food poisoning, a senior county health department official told MidHudsonNews...

Everything you do, and wished you did not, know about food poisoning in one place on the web

Posted on February 19, 2011
With nearly two decades of foodborne illness litigation behind us, tens of thousand of clients and hundreds of experts involved in those cases, we have developed what I hope is a lot of good information about the state of food illness in the Untied States...

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If Illinois Farmer's Markets and Cottage Industries can't stand the heat, get the hell out of the kitchen

Posted on February 19, 2011
I heard the fears of the small, local, sustainable, locavore regarding the Food Safety Modernization Act, which is why exclusions for on-farm sales and sales at farmer's markets, and direct sales to grocery stores and restaurants were added, along with additional protections with the Tester/Hagen Amendment...

Miami Herald - E. coli case leads to $10,000 scholarship at Pembroke Pines school

Posted on February 18, 2011
Marler Clark sets up scholarship to honor a West Broward High student who survived E. coli food poisoning. Donna Gehrke-White reports: A Seattle law firm is giving $10,000 to West Broward High to set up a scholarship fund in honor of a student they represented who became gravely ill during a national E...

The 60 Day Rule - Does it make Raw Milk Cheese Safe?

Posted on February 18, 2011
The Raw Milk Beat Goes On:  A Look at the Literature and the 60-Day Raw Milk Cheese Aging Rule William D. Marler, J.D. Introduction Some say raw milk cheeses are being beat-up by US regulators this year. Indeed, if there was a Food Safety Zodiac, 2010 would be the Year of the Cheese (shell eggs a close second)...

The CDC Weighs in on Raw Milk Risks

Posted on February 17, 2011
Drinking Raw Milk: It's Not Worth the Risk By LCDR Casey Barton Behravesh, DVM, DrPH, US Public Health Service There are many reasons why some people are thinking about drinking raw milk these days. (Raw milk is milk that has not been pasteurized to kill harmful germs...

Proposed Bill in Oregon Would Exempt "Small" Farmers From Inspection

Posted on February 17, 2011
If you follow the comments here, and especially at marlerblog, you know that the issue of local food markets and "small" farmers comes up regularly in food safety discussions.   Lynne Terry of the Oregonion, a frequent contributor on food safety and health issues, reported today on proposed new legislation in Oregon concerning such food sales...

Food Poison Journal adopts Grist's comment policy

Posted on February 17, 2011
From Grist's posting rules on comments: 1. Don't be a jerk. Nobody likes jerks. 2. Don't use profanity. The English language is vast and magnificent. 3. Don't be a troll. (Troll: Commenter who makes outrageous or provocative statements purely in order to derail discussion...

Over 1,000 children sickened with Salmonella in Japan

Posted on February 17, 2011
Salmonella has likely sickened more than 1,000 students and teachers in northern Japan. The outbreak, on the northern island of Hokkaido has led to at least a dozen children needing hospital treatment, with many other teachers and staff members also showing signs of being ill...

Faster Test for Salmonella In Eggs Available

Posted on February 17, 2011
After last summers' Salmonella egg outbreak and recall, the value of accurate and quick testing methods for Salmonella should be obvious.  A report today indicates progress is being made, and that a more rapid test is available.  Where traditional tests might need 10 days to confirm the presence of Salmonella enteritidis (the strain commonly associated with eggs): "a collaboration between Penn's School of Veterinary Medicine and a life science company based in California has led to the launch of a new, faster DNA-based detection kit that tests for salmonella in poultry eggs...

CDC's final update on Salmonella sprouts outbreak: 140 ill

Posted on February 16, 2011
The CDC has released its final update on the Salmonella I 4,5,12,i- outbreak linked to Tiny Greens alfalfa sprouts: 140 people ill with confirmed infections in 26 states and the District of Columbia. Investigation into the outbreak revealed a link to consuming sprouts at Jimmy John's outlets, though the CDC continues to state that some of the confirmed illnesses may be part of the background incidence of this particular Salmonella serotype...

What says the FDA on the 60 day aging rule?

Posted on February 16, 2011
NPR profiled the burgeoning California artisanal cheese industry today, noting specifically the crackdown on producers that happened in 2010.  Raw milk and raw milk-based products caused 12 outbreaks and 146 confirmed E. coli, campylobacter, salmonella, and listeria illnesses in 2010, and were responsible for another 9 recalls...

Proposed Colorado Product Liability Law = Bad for Consumers

Posted on February 16, 2011
Earlier today, Bill Marler shared his thoughts on new proposed legislation in Colorado that provides a remarkable level of protection for food retailers who sell contaminated food.  The bill would strengthen defenses that already exist under Colorado law for "non-manufacturing" sellers - providing immunity even where the manufacturer is bankrupt or outside the jurisdiction of the Court (i...

Jack Decoster and Stewart Parnell should not move to England

Posted on February 16, 2011
Time and again British courts have held perpetrators of food crimes responsible for their actions, and by doing more than simply allowing civil suits against their companies to proceed.  In another such example, the owner of a fish "take away" ("carry out" or "to go" to us) stand was sentenced to jail for 8 months, and will never be allowed to operate a foodservice business again (Query: can he become a well-paid consultant to the food industry?) The Ellesmere Port-Pioneer: Aslan admitted that in July of 2009 cooked and ready-toeat food was not protected at all stages of production, processing and distribution, against contamination, likely to render the food unfit for human consumption...

Is it really time for change in Colorado?

Posted on February 16, 2011
"A bid to limit retail liability for tainted food" appeared on Food Safety News this morning, profiling Colorado House Bill 11-1190, which was recently introduced by state Rep. Jerry Sonnenberg and state Sen. Cheri Jahn.  The bill seeks to change Colorado law by absolving food retailers, as opposed to manufacturers, of liability in situations where the manufacturer isn't subject to the jurisdiction of Colorado courts...

How safe is your chicken in the United States?

Posted on February 15, 2011
Not very if you follow @marynmck on Twitter.  Maryn McKenna is a journalist for national magazines and the author of SUPERBUG and BEATING BACK THE DEVIL. She finds emerging diseases strangely exciting.  Here is what she posted today on Wired, after seeing the chicken post on Canadian chicken I made last night: Oh, but none of those countries are the United States, you say...

Food Safety and Modernization Act Provides Whistleblower Protection

Posted on February 11, 2011
An important, but little known, component to the newly enacted Food Safety and Modernization Act provides whistleblower protection for workers at Food and Drug Administration (FDA) regulated food companies. As reported by Steve Karnowski at the Associated Press, the law protects workers from being fired, demoted or denied promotions or raises if they speak up about what they think are violations...

Tyson Foods Agrees to a $4 Million Criminal Penalty Stemming From Foreign Bribery Investigation

Posted on February 11, 2011
 The day before six family members of victims of Peanut Corporation of America's (PCA) 2008-2009 Salmonella outbreak urged for criminal action against PCA's president, Stewart Parnell, it was announced that Tyson Foods Inc.--one of the world's largest processors and marketers of chicken, beef and pork products--agreed to pay a $4 million criminal penalty to resolve an investigation into improper payments by company representatives to government-employed inspection veterinarians in Mexico...

DeLauro stands up for victims of Salmonella Outbreak

Posted on February 11, 2011
Victims, families urge Peanut Corp. CEO to be held accountable Congresswoman Rosa L. DeLauro (CT-3), Ranking Member on the Labor, Health, and Human Services Appropriations Subcommittee, issued the following statement today in support of those who were affected by the 2009 recall of peanuts contaminated with Salmonella...

UGA Scientists develop new seed sanitization process to reduce "sproutbreaks"

Posted on February 10, 2011
University of Georgia scientists have developed a method to make fresh alfalfa sprouts safer to eat by treating the seeds used to grow them.  Responsible for at least 39 outbreaks of Salmonella and E. coli since 1990, sprouts need the help.  And it looks like changes really are afoot UGA food microbiologist Michael Doyle and his colleague Tong Zhao have developed a new process to soak seeds in a solution that kills pathogens...

Salmonella Outbreak at Maine Assisted Living Center kills 1, hospitalizes 1 more, sickens 7 total

Posted on February 10, 2011
The Bangor Daily News reports that a Salmonella outbreak at Quarry Hill retirement and assisted living facility has left one person dead.  Another person had to be hospitalized.  7 people total were affected by the outbreak.  'The resident who died repeatedly declined treatment before being admitted to the hospital,' Christopher Burke, director of marketing and communications at Pen Bay Health Care, said Wednesday morning...

Prior Salmonella Illnesses in Maine

Posted on February 10, 2011
The recent announcement by the Maine Center for Disease Control and Prevention of a Salmonella outbreak at an assisted living facility stands in contrast to a relative lack of Salmonella incidents in the state's recent history.  In fact, in discussing positive tests for Salmonella enteritids at egg farms in the State, Dr...

FDA to select Chief Outbreak Director; will also create 40-person, multidisciplinary outbreak team

Posted on February 10, 2011
After passage of the Food Safety Modernization Act, the FDA is looking to fill a newly created position for Chief Outbreak Director.  The Director's job will consolidate formerly disparate duties, putting one person in charge of dealing with foodborne disease outbreaks and leading a permanent team dedicated to that purpose...

Salmonella Victims' Families Urge Feds For Justice

Posted on February 09, 2011
Jeff Almer and Lou Tousignant both lost parents in the PCA Salmonella outbreak.   The two Marler Clark clients continue to fight for justice in the matter.   FOX9 News in Minneapolis today provided live interviews with the two men as they prepare to take their fight to Washington D...

483 Report Released after Tiny Greens Inspection

Posted on February 08, 2011
The CDC's January 14, 2011 update on the Tiny Greens Salmonella outbreak put the toll (not sure whether it's final) at 125 ill in 22 states and Washington DC.  The CDC states that not all of the cases are definitely related to Tiny Greens contaminated sprouts--i...

FDA Finds Salmonella at Egg Facility, More Info to Come?

Posted on February 08, 2011
Earlier this month, Mary Clare Jalonick of the Washington Post reported that the FDA had come up with positive tests for Salmonella at one of the nation's largest egg farms: The FDA is inspecting the country's 600 largest egg farms in the wake of a salmonella outbreak in eggs last summer that sickened at least 1,900 people...

Prevent the Spread of Norovirus

Posted on February 08, 2011
A report of a confirmed norovirus outbreak at a school in California provides good reason to review norovirus prevention tips.   According to the CDC, norovirus is "the leading cause of disease from contaminated foods in the United States; it is responsible for more illnesses than all other viruses, bacteria, and parasites combined...

American Food Service Recalls 3,170 Pounds of E. coli-Tainted Ground Beef

Posted on February 05, 2011
The products subject to recall bear the establishment number "EST. 1913" inside the USDA mark of inspection. These products were distributed to restaurants throughout southern California. The following products are subject to recall: • (559002) American Companies 100% Pure Ground Beef 30-lb...

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