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Marler Blog 
Commentary on food poisoning outbreaks and litigation.
Post Frequency: 4.7/day Last Entry: November 20, 2009 at 10:17:06 Recent Entries: 1456
By Bill Marler, Esq.
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Settlement Reached in Yet Another E. coli Raw Milk Case
Posted on November 20, 2009A confidential settlement was reached yesterday in the following outbreak: On May 12, 2008 the Lawrence County Health Department (LCHD) was notified of a case of HUS in a child with a history of bloody diarrhea. The health care provider reported that the child had consumed unpasteurized goat's milk obtained from a local store, the Herb Depot, in Barry County, Missouri...
Alamosa Salmonella Outbreak Linked to Leaky Water Tank
Posted on November 19, 2009A state report has indicated the city of Alamosa ignored a recommendation to have a deteriorating drinking water tank inspected years before the 2008 outbreak that sickened hundreds. The final Department of Public Health and Environment Report on the outbreak was released Wednesday along with an Executive Summary and Appendix...
Government Accountability Project (GAP) Speech of Protecting Food Integrity
Posted on November 19, 2009I am the Luncheon Speaker Friday (I always find it odd when I am asked to speak over a meal). Here is the outline of Speech at The Government Accountability Project (GAP) - videos can be found on right. The Government Accountability Project (GAP) is a 32-year-old nonprofit public interest group that promotes government and corporate accountability by advancing occupational free speech, defending whistleblowers, and empowering citizen activists...
S 510 - FDA Food Safety Modernization Act "Mark-up" on to Senate Floor
Posted on November 19, 2009It has been a busy few days. I spent all day and evening Wednesday trying to resolve a number of E. coli O157:H7 cases involving the Barbecue Pit and Nebraska Beef in South Georgia - made some progress, but not there yet on all the cases. This morning was the deadline given to the insurers to resolve two Hemolytic Uremic Syndrome cases linked a raw goat milk E...
Barbecue Pit E. coli O157:H7 Outbreak and Nebraska Beef's Problem History
Posted on November 17, 2009The E. coli Outbreak at the Barbecue Pit The E. coli O157:H7 outbreak that is the subject of this claim is but one part of a big, multistate outbreak that seriously injured dozens of innocent victims. The source of the E. coli O157:H7 that infected all these victims was adulterated meat manufactured and sold by Nebraska Beef, a company from which no reasonable restaurant, grocery store, or any other retail outlet should have ever been doing business...
Pictures from last week's China Food Safety Conference
Posted on November 14, 2009For those avid blog readers who wondered what happened to me last week, I was doing more than hiking the Great Wall.
What will the USDA do about non-E. coli O157:H7 Shiga Toxin E. coli?
Posted on November 13, 2009Several weeks ago I filed with the USDA a Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli, Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1)...
WHO - a Global Approach to Food Safety
Posted on November 13, 2009WHO was a presence at the recent China Food Safety Conference. Here is too hoping more governments - FDA and USDA - spend a bit more time thinking about food safety as a global issue. Millions of adults die every year from bugs and toxins in what they eat, according to new WHO data that shows food-borne diseases are far more deadly than the UN agency previously estimated...
"Change?" Give me a $%&#ing Break - FDA backs off oyster ban after strong criticism
Posted on November 13, 2009I'm still dealing with a bit of jet lag from my trip to China. I woke up too early this morning (about 1 AM), and just woke up from a nap in my office chair to yet another move by the Obama administration that shows that "real change" in Washington is hard to come by - unless it is another cash request by a political candidate...
Speech at China Agricultural University School of Law
Posted on November 09, 2009Perhaps not quite on par with the Great Wall or the Forbidden City, yet meeting the about 150 law students was pretty exciting - even for my 10-year-old daughter, Sydney (she took the photo). Think of China Agricultural University as a Davis/WSU/Cornell with a Law School...
Food Safety News Supported Third China Food Safety and Quality Conference
Posted on November 08, 2009Despite postponing the Conference from late September until this week for the 60th anniversary of the Revolution, CIFSQ once again put on a quality Conference with several hundred in attendance for dozens of countries. Food Safety News – www.foodsafetynews...
Comparing the Food Safety Record of Pasteurized and Raw Milk Products - Part 4
Posted on November 05, 2009Part 1 and Part 2 of this series examined the historical context of the debate surrounding dairy product food safety, and the mechanisms by which pasteurized or raw dairy products may become contaminated with foodborne pathogens. Part 3 compared foodborne illnesses and disease outbreaks linked to raw and pasteurized dairy products...
Food Poisoning is Serious - Read Mari's Story of a Campylobacter Illness Linked to Raw Milk
Posted on November 04, 2009I am in Beijing at yet another food safety conference. It is odd really that at each of these conferences - regardless the continent - all tend to talk about the victims of food safety failures in the abstract. Mari's story is jarringly real...
Lawsuits Filed in Multistate Outbreaks of E. coli O157:H7 Infections Associated with Beef from Fairbank Farms and South Shore Meats
Posted on November 03, 2009I am heading to a food safety conference here in Beijing sponsored by the Chinese Government. However, we still had time to keep on top the food safety situation in the United States. The parents of Andrea Munro, 12, of Marshfield, say their daughter became infected with E...
E. coli Outbreak Update - Two Deaths and Twenty-Six Illnesses Linked to Fairbank Farm E. coli Recall
Posted on November 02, 2009The CDC now says that two deaths and 26 other illnesses may be linked to contaminated ground beef recalled by Fairbank Farms. Lola Scott Russell, a spokeswoman for the Centers for Disease Control and Prevention, says one of the deaths involved a New York adult with several underlying health conditions...
South Shore Meats and Fairbank Farms E. coli Outbreaks and Recalls Appear Separate - For Now
Posted on November 02, 2009On October 26, South Shore Meats in Brockton recalled more than 1,000 pounds of hamburger and steak after 20 Rhode Island students and adults became sick after eating E. coli O157:H7 contaminated meat at Camp Bournedale in Plymouth. A sixth-grade class from Lincoln, Rhode Island and adult chaperones spent several days at an environmental education program at Camp Bournedale in mid-October...
E. coli O157:H7 Outbreak Grows
Posted on November 02, 2009ABC News Reports the growing E. coli O157:H7 Outbreak is spreading West after killing two and sickening dozens in the Northeast. Now - Maine, Maryland, Massachusetts, Minnesota, New York, New Hampshire, Pennsylvania, Connecticut, Rhode Island, South Dakota, Vermont according to the CDC...
The Third Annual China International Food Safety & Quality Conference + Expo November 4 and 5, 2009
Posted on November 01, 2009Sydney and I are packing today for the long flight between Seattle and Beijing. Although we plan a bit of Daddy/Daughter sightseeing, this food safety conference is important. "The Chinese government attaches great importance to food safety because it is not only in the interest of the Chinese but also people in the world," Premier Wen Jiabao, People's Republic of China I have two talks...
First Lawsuit to be filed in Northeast E. coli O157:H7 Outbreak as More Tainted Meat is Recalled
Posted on October 31, 2009NY Firm Recalls 546,000 pounds tied to E. coli Illnesses - 45,000,000 pounds recalled in last two years. The first lawsuit stemming from the E. coli outbreak in Massachusetts and likely Rhode Island will be filed Monday in the Trial Court of the Commonwealth of Massachusetts, Superior Court, against Crocetti-Oakdale Packing, doing business as South Shore Meats, Inc...
Fairbank Farms Recalls Fresh Ground Beef Products Due To E. coli O157:H7 Illnesses in Connecticut, Maine and Massachusetts possibly linked to Trader Joes, Price Chopper, Lancaster and Wild Harvest, Shaw's, BJ's, Ford Brothers, and Giant
Posted on October 31, 2009Recall Release CLASS I RECALL FSIS-RC-059-2009 HEALTH RISK: HIGH Fairbank Farms, an Ashville, NY, establishment, is recalling approximately 545,699 pounds of fresh ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today...
New Hampshire Illnesses and Death Linked to E. coli O157:H7 Hamburger Recall
Posted on October 31, 2009New Hampshire health officials are advising residents to take part in a beef recall after one person has died and two others became ill after eating contaminated ground beef. "E. coli is a bacteria that produces a toxin that is potentially deadly to people," said Dr...
Vermont Veal Slaughter Plant Shut after USDA Views Video
Posted on October 30, 2009The Beef Industry and the USDA really need to get their shit together. This it truly stupid. It is beyond words. According to a recent press release: 'The United States Department of Agriculture (USDA) and the Vermont Agency of Agriculture today suspended their respective licenses and thereby ceased operations at the Bushways Slaughterhouse facility in Grand Isle, Vermont...
Mr. Peanut Goes to China - Deadly Nuts/Deadly Crimes
Posted on October 30, 2009On January 29, 2009, the Untied States Food and Drug Administration (FDA) implicated Peanut Corporation of America (PCA) of Blakely Georgia as the source of a massive Salmonella Typhimurium outbreak that sickened at least 700 sent about a dozen to early graves...
E. coli O157 Update - With 1,039 Pounds of Hamburger Recalled at Midnight by South Shore Meats, the Total Since 2007 is Now 41,412,504 Pounds
Posted on October 27, 2009At midnight Crocetti's Oakdale Packing Co., doing business as, South Shore Meats, Inc., a Brockton, Massachusetts establishment, "voluntarily" recalled approximately 1,039 pounds of fresh ground beef patties derived from bench trim as well as mechanically tenderized beef cuts that may be contaminated with E...
Crocetti's Oakdale Packing Company dba South Shore Meats, Inc., Recalls Fresh Ground Beef Patties And Beef Steak Products Due To E. coli O157:H7 Contamination
Posted on October 27, 2009Crocetti's Oakdale Packing Co., doing business as, South Shore Meats, Inc., a Brockton, Mass., establishment, is voluntarily recalling approximately 1,039 pounds of fresh ground beef patties derived from bench trim as well as mechanically tenderized beef cuts that may be contaminated with E...
Rhode Island Department of Health Recalls Ground Beef Due to E. coli Contamination Linked to Camp Bournedale and Massachusetts Star Market
Posted on October 26, 2009The Rhode Island Department of Health (HEALTH) advises Rhode Islanders that the South Shore Meat packing plant in Brockton has initiated a voluntary recall on certain ground beef products based on confirmed laboratory evidence of the presence of E. coli O157:H7 in leftover ground beef samples obtained from Camp Bournedale in Plymouth, Massachusetts...
Senator Harry Reid (D) and Senator John Ensign (R) - Something You Two Should be Able to Agree On
Posted on October 26, 2009Below - Linda Rivera and the Rivera family a few months before Linda was stricken with E. coli O157:H7. Below - Linda Rivera and her husband, Richard, in the hospital where Linda has been since May 1, 2009 struggling for her life. To date, medical bills at over $1,500,000...
41,411,465 Pounds of E. coli Tainted Beef Recalled Since 2007 - That is 165,645,860 Quater Pounders
Posted on October 26, 2009Although recalls of beef have fallen off a bit in 2009 (only 571,922 pounds) from 2008 (7,083,399 pounds) and 2007 (33,756,142 pounds) (PDF), 2006 was the best year we had seen awhile - 181,900 pounds. Of course this does not account for the over 143,000,000 pounds of beef product recalled due to the Hallmark fiasco...
Camp Bournedale E. coli O157:H7 Hamburger Outbreak Linked to 15 Illnesses
Posted on October 24, 2009Rhode Island health officials said 15 students from Lincoln Middle School suffered diarrhea after a trip to Camp Bournedale in Cedarville Massachusetts last week. Two of the students tested positive for E. coli O157:H7. Two students were hospitalized for treatment...
Meatpoulty.com - Secretary for food safety vacancy looms large
Posted on October 23, 2009Steve Bjerklie MeatPoultry.com WASHINGTON — The real consequence of the continuing vacancy in the Undersecretary for Food Safety's post at USDA is that there is no one "with the gravitas of a Senate appointment" to unite the industry, consumer organizations and regulatory agencies into an effort to pursue a plan to improve the safety of the meat and food supply...
What do "Balloon Boy's" Dad and Stewart Parnell have in common?
Posted on October 22, 2009Not much really. Last word from US Attorney's Office on the Peanut Corporation of America Investigation: For Immediate Release February 9, 2009 FBI Atlanta Contact: Special Agent Stephen Emmett (404) 679-6451 FBI To Assist FDA in Ongoing Investigation of the Peanut Corporation of America ATLANTA, GA—Special Agent in Charge (SAC) Gregory Jones, FBI Atlanta, announces the FBI's assistance to the Food and Drug Administration, Office of Criminal Investigations (FDA/OCI), in the ongoing investigation of the Peanut Corporation of America...
FDA Chief Testifies that Peanut Corporation of America is still under criminal investigation and prosecution. Is that true?
Posted on October 22, 2009I have been watching the Senate Committee on Health, Education, Labor and Pensions food safety hearing this morning by live video. Watching and listening to the Senators' opening comments gave me hope that S 510 may well pass - and before the end of the year...
Opening Statement of U.S. Senator Michael B. Enzi, Ranking Member Senate Committee on Health, Education, Labor and Pensions
Posted on October 22, 2009'Keeping America's Families Safe: Reforming the Food Safety System' Good morning. Food safety is not a partisan issue – we all want the safest food supply possible. The United States has one of the best food safety systems in the world. But even in the best of systems, there is always room for improvement...
Keeping America's Families Safe: Reforming the Food Safety System
Posted on October 22, 2009Committee: Senate Committee on Health, Education, Labor, and Pensions Title: Keeping America's Families Safe: Reforming the Food Safety System Date: Thursday, October 22, 10:00 a.m. Place: SD-430 - Click on picture below to watch live:
Camp Bournedale in Massachusetts Likely Linked to E. coli O157:H7 Outbreak
Posted on October 22, 2009According to news reports, the Rhode Island Department of Health was notified Monday of several sixth grade students from Lincoln Middle School with diarrheal illness. The students just returned from Camp Bournedale in nearby Plymouth, Massachusetts which they attended from October 13th through 16th...
Food Safety News widget now available
Posted on October 21, 2009Everyone will want one - a Food Safety News widget. Next is video on FSN and perhaps and Iphone App? if (WIDGETBOX) WIDGETBOX.renderWidget('7af36f2f-10b8-492a-a688-c744b72ebe1b');Get the Food Safety News - Global Food Safety News & Info widget and many other great free widgets at Widgetbox! Not seeing a widget? (More info)
Second Chance by Kip Moore - another E. coli Horror story
Posted on October 21, 2009This what I am reading as I board another plane:
Food Safety on Senate's To Do List?
Posted on October 21, 2009Andrew Zajac of the Los Angeles Times penned what I hope to be correct – 'Bill giving FDA new powers to oversee food supply has wide support.' He says, 'Industry and public backing -- a recent poll showed 90% of voters favor measures similar to those in the legislation -- adds up to a "quick win for both parties...
Marler Clark Foodborne Illness Victims Meet With White House to Push for Food Safety Reform
Posted on October 20, 2009Visit comes after victims and their families press Senate to pass legislation to protect the public from foodborne illness Sixteen Americans who have been directly affected by foodborne illness gathered at the White House recently to share their personal stories and meet Sam Kass, assistant White House chef, who cooks for the Obama family and is an advisor on food policy; Mariano-Florentino Cuellar, who is the lead staffer for the White House Food Safety Working Group; and David Lazarus, senior advisor to the Secretary of Agriculture, who coordinates with the White House on food safety issues...
Despite what AMI and Patrick Boyle say, Cow Shit (E. coli) does not have to be in your Hamburger
Posted on October 20, 2009The American Meat Institute (AMI) Patrick Boyle was quoted recently: 'We are selling a raw product, however, and raw products by their nature may contain harmful bacteria. That's why we are committed to providing consumers the information that they need to handle and cook ground beef safely...
E. coli O157:H7 is Murder - So Says Miami CSI
Posted on October 20, 2009Several weeks ago I got a call from a producer of CSI to get background on an episode that they were thinking of running. I just finished watching the episode (click on photo below). Frankly, most of the science was inaccurate, but the point that E...
Should Irradiation be adopted by FSIS and the meat industry as another method of minimizing bacterial contamination on animal carcasses?
Posted on October 20, 2009An interesting question and one that long needs answering. Thus far I have found a dearth of negative research on the topic. In 2005 the American Meat Institute Petitioned FSIS 'To Recognize the Use of E-Beam on Carcasses as a Processing Aid' and attached studies seem clearly to indicate that this is an effective technology in reducing the risks of bacterial contamination from carcasses...
Yet, another good reason it is a bad idea to poison your customers!
Posted on October 19, 2009The Toronto Star is reporting that Ruby Chinese will close its doors for good following the public health crisis. The three owners are reportedly set to file for bankruptcy. The normally packed eatery on Sandhurst Circle was shuttered on October 7 after 37 people became ill after eating there...
Senate "HELP" Committee Hearing - Keeping America's Families Safe: Reforming the Food Safety System
Posted on October 19, 2009Thursday, October 22, 2009 – 10:00 a.m. 430 Dirksen Senate Office Building Panel I Dr. Margaret Hamburg, Commissioner, U.S. Food and Drug Administration, White Oak, MD Panel II Caroline Smith DeWaal, Director of Food Policy, Center for Science in the Public Interest, Washington, DC Michael Roberson, Food Marketing Institute, Arlington, VA Daniel L...
Like Obama, I generally can not stand FOX, especially Beck and Hannity, but FOX does not like E. coli either
Posted on October 18, 2009The New York Times story on my client, Stephanie Smith, has been an old and new media sensation. More blogs and twitters have reprinted her struggle with E. coli O157:H7 than any recent story. All that said, when FOX covers the story with the same level of concern, I think the meat industry and FSIS need to pay attention...
Raw Milk Outbreaks do happen despite what the Weston A. Price Foundation and The Complete Patient (a.k.a. David Gumpert) say
Posted on October 18, 2009Raw milk related bacterial outbreaks have been an unfortunate and expanding part of business at Marler Clark. What now seems to be at least a yearly occurrence (we do not get retained in all outbreaks) raw milk illnesses are on the rise. And, because the proponents of the consumption of raw milks spend most of their time rejecting that the outbreaks – and illnesses related to them – even occurred, we expect continued business growth...
Pollan's Omnivore's Dilemma is being read by 5,000 Washington State University Students
Posted on October 18, 2009In what some in the Ag community seem to feel is a conspiracy to indoctrinate young minds to a different way to look at how our food is produced in the United States, Washington State University is moving forward with a Michael Pollan lecture scheduled for mid-January 2010...
FDA to combat vibrio vulnificus in oysters by requiring further processing
Posted on October 18, 2009Elizabeth Weise of USA Today reported on a speech by 'FDA's Michael Taylor [where he] outlined the agency's plans to combat the deadly bacteria vibrio vulnificus by requiring Gulf-raised oysters to undergo post-production processing to kill the bacteria...
California Department of Public Health warns consumers not to eat Del Monte canteloupe
Posted on October 18, 2009Dr. Mark Horton, director of the California Department of Public Health (CDPH), today warned consumers not to eat Del Monte whole cantaloupe sold at Northern California and Nevada Raley's, Bel Air, Nob Hill Foods and Food Source stores between October 5 and October 16, 2009 because the cantaloupe may be contaminated with Salmonella...
Cow Tonsils can carry Bovine Spongiform Encephalopathy (BSE)? What will I now eat with a beer?
Posted on October 15, 2009Nebraska Firm Recalls Beef Tongues That Contain Prohibited Materials J.F. O'Neill Packing Company, an Omaha, Neb., establishment is recalling approximately 33,000 pounds of beef tongues that may not have had the tonsils completely removed, which is not compliant with regulations that require the removal of tonsils from cattle of all ages, the U...
Senate Committee on Health, Education, Labor and Pensions take up Food Safety
Posted on October 15, 2009The Committee just announced that it will have a hearing next week. It might be a quick hearing considering that no one is listed as a witness. Perhaps they are looking for my phone number? Email? Seriously, I assume they will be talking about S...
www.foodsafetynews.com is being read worldwide - well, almost
Posted on October 15, 2009We are now into the fourth week of the publication of www.foodsafetynews.com. Our offices in Seattle, Denver and Washington DC have been busy gathering the most up to date news on food safety - there has been a lot. In analyzing visitors to the site today, the USA, including Alaska (is that you Sarah?), leads on readership...
Marler as Don Quixote?
Posted on October 15, 2009I just finished reading an editorial from Capital Press 'Food safety comes from market.' The opinion writer opined: But Seattle attorney Bill Marler, a veteran litigator of damage suits over foodborne illness incidents, had some of the trappings of the Spanish dreamer and idealist Don Quixote as he traveled to Washington, D...
CDC Recommends Increased Testing and Surveilance of all Shiga toxin E. coli
Posted on October 15, 2009A few weeks ago I posted 'Petition for an Interpretive Rule Declaring all enterohemorrhagic Shiga Toxin-producing Serotypes of Escherichia coli (E. coli), Including Non-O157 Serotypes, to be Adulterants Within the Meaning of 21 U.S.C. § 601(m)(1),' and hand-delivered the Petition to USDA Secretary Vilsack...
Hey, Cal Poly San Luis Obispo, tell David Wood to take a hike, academic freedom is too important
Posted on October 15, 2009According to Meatingplace.com, once again 'Big Ag' seems to be stepping in the academic freedom cow pie. Apparently, the administration of Cal Poly is so worried about $150,000 from David Wood that it is bending to that donor's will. "Wood, according to the LA Times, has pledged $150,000 to help build a new meat processing plant on the Cal Poly campus...
GAO Report on Enhancing Food Safety of Imported Foods
Posted on October 14, 2009The below GAO Report (click on image to download) that landed on my desk today points out the potential risks of imported foods and what our agencies, FSIS and FDA, can do lighten that risk. The reality, however, in my 17 years of food litigation experience has been that domestically produced food does a marvelous job of poisoning us...
Say it ain't so, Mr. President and Mr. Secretary - OMB Watch Say "USDA Budget Leaves Food Safety Agency Wanting"
Posted on October 14, 2009According to OMB Watch: When Congress finalized on Thursday the Department of Agriculture's FY 2010 budget, it fulfilled President Obama's request to give a modest funding boost to the Food Safety Inspection Service (FSIS). Unfortunately, it appears the agency will be unable to close the gap in its inspection force responsible for policing the nation's supply of meat and poultry...
So, I made Letterman Tuesday Night
Posted on October 14, 2009Well, not really, it was just the tape of my reaction when Larry King butchered the word "E. coli." Click on the below image and watch the last part of the third monologue segment:
Senator Gillibrand Unveils Comprehensive Food Safety Improvement Plan
Posted on October 14, 2009Contaminated Food Kills 5,700 Americans Each Year – Nation's Food Safety Laws Have Not Been Overhauled In A Century U.S. Senator Kirsten Gillibrand, the first New York senator to sit on the Senate Agriculture Committee in nearly 40 years, today announced a comprehensive plan to overhaul the nation's food safety laws by improving inspection, recall response, and public education...
In case you missed it - Marler on Larry King Live
Posted on October 13, 2009Larry King was a gracious host and I thought the discussion at beginning and with Mr. Boyle and Dr. Murano was useful. The meat/no meat discussion got everyone off topic on what should have been the focus - the safety of our food supply. Embedded video from CNN Video
In case I get too nervous on Larry King this Monday night at 6:00 PST to remember these, here are the things I would say we should do to fix our broken Food Safety System in the short and long terms.
Posted on October 11, 2009Short Term 1. The President must appoint an Undersecretary for Food Safety now whose sole mission is safe food. The Undersecretary should, and needs to be the responsible person within the FSIS on this important issue, advocating and making decisions solely on behalf of public health...
American Conference Institute Presents Update on Foodborne Illness Claims
Posted on October 11, 2009Alan Maxwell (my arch enemy) and I will be co-chairing this ACI Conference in a few weeks in Chicago. He and I put this Powerpoint together. My suggestion is that every company interested in safe food should attend. It has been a very busy year and I expect the same in 2010...
The State of USDA's Food Safety Inspection Services (FSIS) - Ten Minutes with Dr. Raymond and Bill Marler - Point/Counterpoint
Posted on October 10, 2009Chuck Jolley is a free lance writer, based in Kansas City, who covers a wide range of ag industry topics for Cattlenetwork.com and Agnetwork.com. I wanted to look into the food safety issue and Washington's role in it from both sides of the table so I asked Richard Raymond and Bill Marler, two of the most formidable men in the business, to answer the same set of questions – point/counterpoint...
Comparing the Food Safety Record of Pasteurized and Raw Milk Products - Part 3
Posted on October 10, 2009Part 1 and part 2 of this series examined the historical context of the debate surrounding dairy product food safety, and the mechanisms by which pasteurized or raw dairy products may become contaminated with foodborne pathogens. This section compares foodborne illnesses and disease outbreaks linked to raw and pasteurized dairy products...
Clostridium difficile (C. difficile) - Another Foodborne Pathogen?
Posted on September 30, 2009Clostridium difficile (C. difficile) is a spore-forming, gram-positive anaerobic bacillus that produces two toxins: toxin A and toxin B. These toxins typically cause gastrointestinal disease, often with severe complications. In rare cases, C. difficile-associated disease can be fatal...
Senators need t-shirts too!
Posted on September 30, 2009Next week many consumers (several past and present clients) will be walking the hallowed halls of the Senate meeting with Senators and staff. The goal is to make food safety real to those that have the opportunity to in part increase FDA funding, increase inspections of plants that manufacture our food (including foreign companies) and to increase the resources for the CDC to catch outbreaks earlier...
Victims of Oklahoma E. coli Outbreak File Suit Against Country Cottage Restaurant
Posted on September 30, 2009Lawsuit Seeks to Cover Millions In Medical Expenses Victims of an August, 2008 outbreak of E. coli O111 have joined together to file suit against the Country Cottage restaurant, where they were sickened. The lawsuit was filed today in the District Court in the State of Oklahoma, in and for the County of Mayes, on behalf of twelve families...
Mr. President, Senators, Congress Members watch this video now!
Posted on September 30, 2009It is long past time for meaningful changes in the safety of the food our children eat. Whether the food is raw, local, organic, small farm, big farm, mass-produced or slow, if it contains E. coli O157:H7, or another pathogen, it can kill. It can kill your child, grandchild or the child of a friend...
Marler Blog Makes 10 Excellent Food Policy Blogs
Posted on September 29, 2009Parke Wilde keeps the U.S. Food Policy blog. He teaches graduate level courses in food policy and statistics at the Friedman School of Nutrition Science and Policy at Tufts University. In this list, he looked beyond the excellent sites that already appeared in a recent list at Culinate, which included Ethicurean, Green Fork, ChewsWise, Food Politics, Politics of the Plate, Grist, Civil Eats, and Obama Foodorama...
Enterobacter sakazakii or Cronobacter sakazakii - either way - in Infant Formula it is Devastating
Posted on September 29, 2009Over at E. sakazakii blog there is a discussion of the naming and renaming of this very nasty bug. Whatever the name it is a rare, but life-threatening cause of neonatal meningitis, sepsis, and necrotizing enterocolitis. In general, E. or C. sakazaii kills 40-80% of infected newborns diagnosed with this type of severe infection...
More Kudos for Food Safety News - Day on Torts
Posted on September 27, 2009Tennessee Lawyer John Day is a reader of Food Safety News. Food Safety News is a new publication sponsored by food safety expert Bill Marler and his firm Marler Clark. It contains information on the food safety issues of the day, whether they pertain to foodborne illness outbreaks, recalled products, or food politics...
Over at Notions Capital - Another "shout out" for Food Safety News
Posted on September 27, 2009Blogs With Bite, by Mike Licht - Blogs with Bite is an occasional omnivorous sampling of food blogs and sites we find particularly tasty. Follow the trail of bread crumbs back to earlier editions, starting here: Food Safety News — Comprehensive 'daily Web-based newspaper … reporting on issues surrounding food safety...
The Weeks Top Six Stories on Food Safety News
Posted on September 27, 2009It has been another week with too much news in food safety. Here are six that you should not have missed. Food Safety Education Month Winds Down Shootout in Tulsa – OK vs Big Chicken Q&A: Nestle on Food Safety Politics Outbreak Victims to Sue OK Restaurant Updated: Produce E...
Comparing the Food Safety Record of Pasteurized and Raw Milk Products - Part 2
Posted on September 27, 2009On September 25, 2009, I posted Part 1 of a 4-part series that examines the food safety record of both pasteurized and raw dairy products. Below is Part 2, which provides background on the occurrence of foodborne pathogens in milk products, and mechanisms of contamination...
I was wrong about Farm-to-Consumer Legal Defense Fund - But Raw Milk is still "risky business"
Posted on September 25, 2009Mr. Cox of the Farm-to-Legal Defense Fund (CLDF) informed me (through several emails) that I was mistaken and I agree with him. I assumed that the farmer in a raw milk E. coli O157:H7 outbreak that nearly killed two children, who claimed that he consulted with CLDF, had also consulted with CLDF about disclosing communications between the farmer and the CLDF...
Food Safety and recalls of your kids' food - What the GAO has to say
Posted on September 23, 2009From the GAO: Over the past few years, several food recalls, such as for beef and peanut products, have affected schools. It is especially important that recalls affecting schools be carried out efficiently and effectively because young children have a higher risk of complications from food-borne illnesses...
About Botulism - An Updated Resource - Botulism Blog
Posted on September 23, 2009Botulism is a rare, life-threatening paralytic illness caused by neurotoxins produced by an anaerobic, gram-positive, spore-forming bacterium, Clostridium botulinum. Unlike Clostridium perfringens, which requires the ingestion of large numbers of viable cells to cause symptoms, the symptoms of botulism are caused by the ingestion of highly toxic, soluble exotoxins produced by C...
Farm-to-Consumer Legal Defense Fund Loses Bid to Keep Documents Secret in Raw Milk Litigation
Posted on September 23, 2009In our Raw Milk Litigation in Missouri, Defendants and the Farm-to-Consumer Legal Defense Fund tried to keep from the public documents it appears that it rather keep secret. The Judge did not agree.
Public Health Importance of Non-O157 Shiga Toxin- Producing Escherichia coli (non-O157 STEC) in the US Food Supply
Posted on September 23, 2009From God's, errr Delish's Eric Burkett's, lips to the Internet's ear - He likes Food Safety News.
Posted on September 23, 2009Eric first called out Marion Nestle's famous site – Food Politics. He then gave Food Safety News the following tip o' the pen: The second site – Foodsafetynews.com – is a new effort by lawyer and food safety expert, Bill Marler. At first glance, it would be easy to dismiss Marler because he specializes in food safety litigation, and has represented hundreds of cases for people injured because of food poisoning and related matters...
New Food Safety Legislation is needed - to protect the public and to put a trial lawyer out of business
Posted on September 22, 2009The other evening when the President was pitching his health legislation, his biggest ovation - from both sides - came when he threw medical malpractice trial lawyers under the bus in an effort to get a few republican votes. It was not much of a surprise...
BBC reports that Godstone Farm animals test positive for E. coli - No Shit!
Posted on September 21, 2009Experts from the Veterinary Laboratories Agency (VLA) said 33 of 102 samples were likely to contain the O157:H7 strain of the infection. This included samples from Lambs, pigs, goats, cattle, ponies and rabbit droppings at a Surrey farm at the centre of an E...
Food Safety News - Top 5 Stories of the Last week
Posted on September 20, 2009It has been a great first week at Food Safety News. Hopefully we are covering stories that the larger media is not and in a way that is helpful. If some of my readers here on Marler Blog have story ideas and/or want to write a contributed article on FSN, please click here...
E. coli O111 Lawsuit against Country Cottage of Locust Grove coming soon
Posted on September 19, 2009This coming week we will be filing suit against Country Cottage Restaurant and its owners on behalf of a dozen seriously injured victims of this outbreak. Combined, our clients' medical bills are over $1,000,000 to date. Kim Archer of the Tulsa World has done a great job of recalling the horrors of the United States' largest E...
Food Safety News takes the Internet by storm - www.foodsafetynews.com
Posted on September 19, 2009Spending most of the week in DC gave me a chance to promote and get feedback on the now six day old online publication - www.foodsafetynews.com. So far, so good. Not only are we able to highlight some of the best sources of Food Safety information on the web - like Bites and Barfblog - but we will be adding in several more "foodie feeds...
A Good Day Watching Soccer
Posted on September 19, 2009My 10 year old daughter's soccer team, the "butt kickers," lost 5 to 0 today. Still was fun to watch.
I predict that Food Safety Legislation passes both Houses of Congress by Thanksgiving and is signed by the President before Christmas
Posted on September 18, 2009Senator Harry Reid, majority leader of Senate, reached out by letter to my clients, the Rivera's, of Las Vegas. Linda Rivera is one of 80 sickened by E. coli O157:H7-tainted Nestle Toll House Cookie Dough. She has struggled with her illness since May 1...
Queen Victoria and Tubby Salmonella Spinach Recalled
Posted on September 18, 2009The California Department of Public Health warned consumers not to eat 'Queen Victoria' and 'Tubby' bunched spinach because they may be contaminated with salmonella, which can cause serious illness. The 12-count and 24-count spinach bunches were bound with a twist tie which says 'PLU 4090 UPC 33383-65200...
CDC - Update on the Epidemiology of Shiga toxin-producing E. coli in the United States
Posted on September 18, 2009Click on image to download PowerPoint:
A busy day in Washington DC
Posted on September 17, 2009I must admit I like Washington DC. Every time I get here I seem to pack much in, because there is always so much to do. I had a full day today and will be on the Hill all Friday pitching food safety. I started out the morning with a presentation to the American Insurance Association...
Thirteen People Sickened with E. coli at the Pacific National Exhibition in Vancouver British Columbia
Posted on September 16, 2009According to press reports, eleven children and two adults came down with E. coli days after visiting the petting zoo at the Pacific National Exhibition this summer. A spokesman for B.C. Children's Hospital in Vancouver confirmed Tuesday three of the 13 cases were serious enough to warrant hospital care...
Petting Zoos Sickening Kids in Britain and Canada - Please Take Precautions
Posted on September 16, 2009The ongoing problems in the US led the US Centers for Disease Control (CDC ) to publish recommendations for reducing the risk of transmitting E. coli and other human pathogens at animal exhibits. In the wake of devastating E. coli outbreaks, several states including Pennsylvania and North Carolina have enacted laws requiring similar precautions...
Cy Vance Jr., newly elected Manhattan District Attorney, stole my job - 21 years ago
Posted on September 16, 2009A little over a year ago, I hosted a fund-raiser for Cy's run for Manhattan District Attorney. It was a bit of the 'who's who' of the Seattle legal community – primarily white-collar criminal types (that being the lawyers for those criminals)...
Dan Mitchell of Slate's "Daily Bread" notices Food Safety News
Posted on September 15, 2009Dan Mitchell of Slate's 'Daily Bread' wrote this morning "Lawyers Launch Food Safety News Site:" Marler Clark, perhaps the best-known law firm involved in food-safety litigation, has launched a news site that the firm describes as "a daily Web-based newspaper dedicated to reporting on issues surrounding food safety...
Strict Product Liability - Question of the Night?
Posted on September 15, 2009Which multi-billion dollar company raised this defense in response to a recent lawsuit where the consumer ate its product? Under what circumstances should a consumer be held responsible when the purchased food product contains a bacteria or virus? Should the parent? Should the child?
Donna M. Byrne, a.k.a. Food Law Professor, notices Food Safety News
Posted on September 15, 2009Professor Donna M. Byrne of William Mitchell College of Law gave us a 'shout out' about Food Safety News today: Kudos to Marler Clark for launching a promising and informative new website. Food Safety News is a news site rather than a blog (Bill Marler's MarlerBlog is still going strong too)...
The American Agricultural Law Association has announced the 2009 winner of its Professional Scholarship Award
Posted on September 15, 2009Richard L. Cupp, Jr.'s article, Moving Beyond Animal Rights: A Legal/Contractualist Critique 46 San Diego Law Review 27 (2009), was chosen for the award. Cupp's article critiques the analogy made by some animal rights theorists between granting rights to animals and granting rights to corporations and to mentally incapable humans...
Dueling Food Safety Websites - www.foodsafety.gov and www.foodsafetynews.com
Posted on September 14, 2009So, goes to figure, we launch: And, the government launches:
Food Safety News is Live on Third Anniversary of Dole Spinach E. coli O157:H7 Outbreak
Posted on September 14, 2009We are a bit excited that this has now gone live. Love to hear your comments. Click on image to access site:
Salmonella Typhimurium outbreak may be linked to shredded lettuce and 124 Illnesses Nationwide
Posted on September 14, 2009On the third anniversary of the Dole Spinach E. coli outbreak, once again Lynne Terry of The Oregonian and Bill Keene super, senior epidemiologist, break yet another food poisoning story. This time, according to Ms. Terry, '[f]ederal and state health authorities are investigating a salmonella outbreak that peaked in Oregon in August...
KCRW Radio - Good Food - Food Safety with Bill Marler
Posted on September 13, 2009Had a great chat with Evan Kleiman of KCRW Radio a few weeks ago. I am about 8:22 into the podcast - click below:
Raw Milk Debate is set to heat up
Posted on September 13, 2009Over the last years I have tried to bring some level of rationality to the debate over the consumption of raw milk. I first published on my blog a summary of the findings of my review of peer-reviewed literature on the topic of the "pros" of the consumption of raw milk...
Muranaka Farm Inc. parsley recalled because of possible salmonella
Posted on September 13, 2009Muranaka Farm Inc. is recalling 1,005 cases of parsley distributed in 10 states, including Illinois, because it may be contaminated with salmonella. The Moorpark, Calif., company says it's voluntarily recalling cases of 60-count fresh bunched parsley, lot code 0023909, after sampling conducted in cooperation with the Food and Drug Administration showed bacteria...
Windsor Foods Recalls Beef and Bean Burritos for Possible Listeria Contamination
Posted on September 13, 2009Windsor Foods, a Riverside, California, establishment, is recalling approximately 2,268 pounds of beef and bean burrito products that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced...
China International Food Safety & Quality Conference Back on - November 4-5 2009
Posted on September 12, 2009My 10-year-old daughter, Sydney and I were almost packed for the Conference at the end of the month when it was canceled due to the 60th Anniversary of the revolution. We are looking forward to attending the Conference on its new dates on November 4 and 5...
Linda Rivera, Mother of Six, Fights for Her Life Tonight Due to E. coli O157:H7
Posted on September 12, 2009A picture is worth multiple, multiple, millions of words: I spent the day today being feted at the University of Arkansas School of Law and meeting with Tysons and Wal-Wart. Linda, her parents, her husband and six kids spent the day watching Linda being admitted into another ICU, again...
Back to Washingon DC Next Week - American Insurance Association
Posted on September 12, 2009Lately it seems I seldom have time to unpack, less alone prepare for another speech. However, I am looking forward to this DC trip. I still believe that insurance companies have the ability to positively influence food manufacturers through auditing before issuing a policy and in giving incentives to those manufacturers that adopt food safety measures...
Food Safety News to Go Live September 14, 2009 - Third Anniversary of Dole, Natural Selection Foods and Mission Organics E. coli Outbreak Linked to Spinach
Posted on September 12, 2009It is not live yet, but by Monday we should have all the "bugs" worked out. Our goal here is to have a place were "all the news fit to eat" can be found along with all the best information about recalls, new technology and politics...
Kilwin's Quality Confections, Inc. Conducted Nationwide Recall of Chocolate-Covered Peanuts Because of Possible Health Risk Due to Peanut Corporation of America
Posted on September 12, 2009Several months after the Peanut Corporation of America forced the recall of over 4,000 different peanut products from some 200 companies, another company announced a recall on the FDA Website. Kilwin's Quality Confections, Inc. of Petoskey, MI, is recalling all of our 7 ounce packages of chocolate-covered peanuts, and bulk chocolate-covered peanuts, sold in our retail stores, which were sold prior to April 1, 2009, because they have the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems...
The only thing the President missed tonight in the Health Care Speech - Real Health Care Reform Requires Safe Food
Posted on September 10, 2009President Obama once said: "There are certain things only a government can do. And one of those things is ensuring that the foods we eat are safe and do not cause us harm.' A few days ago I penned this Op-ed (declined by the Washington post) - it seems a bit more on point tonight after our President's speech: Linda Rivera's excruciating case of food poisoning (Severe Case Gives Context to Issue of Food Safety Washington Post 9/1/09) should shine some light on a crucial reality that is missing from most health care reform plans: you can't fix America's health care unless you provide Americans with a safe food supply...
Food Safety Widget from our Government
Posted on September 10, 2009Food Safety Widget. Flash Player 9 is required. var flashvars = {}; var params = {allowscriptaccess: "always"}; swfobject.embedSWF("http://www.foodsafety.gov/widgets/FoodSafety/FoodSafety.swf", "widget", "190", "338", "9.0.0", "", flashvars, params);
China Internation Food Safety & Quality Conference to be Postponed
Posted on September 10, 2009I just learned that AQSIQ Minister Wang Yong has called for CIFSQ to be postponed until after the 60th anniversary of the Revolution Celebration (first week of October) is completed. The Conference is now likely to be set in late October or early November...
Glass Microbiology - E. coli - Deadly in a Beautiful Package
Posted on September 09, 2009Someone emailed me this link to some very interesting glass art by Luke Jerram. I guess I know what I will be asking Santa for:
FDA and USDA "Relaunch" New Food Safety Site - Is our food now safer?
Posted on September 09, 2009Secretaries Sebelius and Vilsack at National Food Policy Conference in DC today announced a redesigned www.foodsafety.gov. However nice it looks, is our food any safer? Follow live tweets from conference @foodsafetynews and @obamafoodorama and @AgLawLLM
Steinbeck Country Produce and Ocean Mist Farms Recall Salmonella-tainted, Mexico-grown Green Onions
Posted on September 09, 2009Two California produce shippers have recalled thousands of cases of green onions supplied by an onion farm in Mexicali, Mexico, over fears the onions could be contaminated with salmonella. U.S. Department of Agriculture inspectors found salmonella in a routine test taken in New York last month...
Non-E. coli O157:H7 shiga toxin producing E. coli bacteria are NOT considered adulterants by the FSIS - WHY?
Posted on September 08, 2009Non-O157 shiga toxin-producing Escherichia coli (STEC) are the causative agents of zoonotic emerging infectious diseases, often of bovine origin. Below is a general review of non-O157 STEC prevalence studies in humans, cattle, and beef products. Humans Non-O157 STEC infections are under-recognized and under-reported due to inadequate epidemiological and laboratory surveillance...
A less dire view from CDC on non-O157:H7 shiga toxin producing E. coli
Posted on September 08, 2009Here is another perspective on non-O157:H7 that seems to indicate that they cause illness, but less severe illness that E. coli O157:H7. That being said, it is also quite likely that the severe illnesses related to non-O157:H7 are under counted due to a lack of surveillance...
Non-O157 Shiga toxin producing E. coli - A CDC perspective
Posted on September 08, 2009Here is a CDC PowerPoint that walks through the "Isolation and detection challenges" of Non E. coli O157:H7. Clearly, the CDC sees the fact that Non-O157:H7 Shiga toxin-producing E. coli causes human illness, but that our ability to detect it using current lab techniques and resources makes the scope of the problem less clear...
Washington DC is the place to be for Food and Public Policy this Week
Posted on September 07, 2009I have a bit too much to do this week on the legal front to get to the "other Washington," but we have the DC Bureau of Food Safety News covering both conferences. So, hopefully if the internet gods play nice, you should be able to read it at www...
Big Boy Food Group Recalls Ready-To-Eat Meal Kits For Possible Listeria Contamination
Posted on September 07, 2009Recall Release CLASS I RECALL FSIS-RC-046-2009 HEALTH RISK: HIGH Big Boy Food Group, a Warren, Mich., establishment, is recalling approximately 39,514 pounds of ready-to-eat meal kits that may be contaminated with Listeria monocytogenes, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today...
Save Money on Health Care by Making Our Food Supply Safer
Posted on September 06, 2009Linda Rivera's excruciating case of food-poisoning (Washington Post, Sept. 1) should shine some light on a crucial reality that is missing from all or most health care reform plans: You can't fix America's health care unless you provide Americans with a safe food supply...
Food Safety News dot com - Coming to the Internet near you soon.
Posted on September 05, 2009We decided to create a "one stop shop" for everything food safety. This will be the place to get "all the news that fit to eat" - and warnings what not to eat too. There will be news and opinion feeds from Bites, Blogs (www...
Food Safety and the Law - off to University of Arkansas School of Law
Posted on September 05, 2009I am off to the Arkansas School of Law later this week to give a series of lectures on Food Safety and how the law can assist in making our food supply safer. I am using a video from Jack-in-the-Box and a recent Raw Milk case to add to why it is "a bad idea to poison your customer...
S. 510 FDA Food Safety Modernization Act (Introduced in Senate)
Posted on September 05, 2009The House has passed its version of the Food Safety Act, now it is the Senate's turn - We shall see if they can pass anything. Here is my summary: Inspections of Records • Secretary can access business records relating to any food (under FDA jurisdiction) the Secretary believes is adulterated or any other food the Secretary believes is likely to be affected in a similar manner...
Noted Food Safety Lawyer to Speak at School of Law - Arkansas
Posted on September 04, 2009From the University of Arkansas School of Law Press Room: William Marler, a noted food safety lawyer who has secured more than $500 million for victims of food-borne illness, will make a presentation to the law school's Food Law & Policy class from 8 to 10 a...
Wisconsin Woman Severely Sickened by E. coli in Spinach Forced to Sue Dole, Natural Selection Foods, Mission Organics and Pic-n-Save to Recover Massive Medical Expenses
Posted on September 03, 2009The 2006 outbreak of E. coli tied to spinach sickened more than 205 people nationwide, many gravely. More than 31 developed Hemolytic Uremic Syndrome (HUS) and five lost their lives. One of the most critically ill was Jane Majeska of Fond du Lac, Wisconsin, an 85-year old woman whose fight to stay alive in the months after she consumed the Dole E...
Wisconsin Spinach E. coli O157:H7 Lawsuit filed against Dole, Natural Selection Foods, Mission Organics and Pick'n Save
Posted on September 03, 2009"Let go of my Listeria Eggo" - Kellogg's Eggo Waffles Made In Atlanta Recalled
Posted on September 02, 2009A laboratory test by the Georgia Department of Agriculture (GDA) found Listeria monocytogenes in a sample of Kellogg's Buttermilk Eggo Waffles manufactured at an Atlanta plant. The sample was taken as part of a routine inspection by GDA of the Kellogg's plant at 5601 Bucknell Dr...
Another Victim of the 2006 Dole Spinach E. coli O157:H7 Stands Up - Lawsuit to Follow
Posted on September 02, 2009I am always a bit humbled when a victim of food poisoning stands up to the corporations who poisoned them with food – especially food labeled 'triple washed' and 'ready to eat.' Jane and Ben Majeska have been married 60 years in August 2009. Their marriage never faced a challenge in those years of the sort that they endured in the fall of 2006...
A Good Day in the Life of a Traveling Trial Lawyer
Posted on September 02, 2009I sat in a mediation today in San Francisco until it became painfully obvious that Dole, Natural Selection Foods, Mission Organics and Pic-n-Save were unwilling to fairly compensate a Wisconsin woman who nearly died after eating E. coli O157:H7-tainted spinach in 2006...
"I have a dream" - Linda Rivera gets out of the hospital and the House and Senate do something about food safety
Posted on September 01, 2009I was much younger when Martin Luther King gave his famous speech – 'I have a dream.' But, if I could borrow that phase, I too 'have a dream.' I dream that Tuesday morning House and Senate members and their staff would read Lyndsey Layton's story – 'This Woman Might Die From Eating Cookie Dough - Severe Case Gives Context to Issue of Food Safety' and get to work - really get to work...
In yet another airport working on a Food Safety Speech
Posted on September 01, 2009I would rather be here: Doing this: But, I am in an airport working on this (click to download):
Food Safety & Quality Magazine - Legal Issues for Food Safety
Posted on August 31, 2009It is always good to give a legal perspective to the Food Industry - click below to download PDF. Posted with permission from Food Safety and Quality Magazine
Michael Pollan's "The Omnivore's Dilemma" is heading to WSU in January
Posted on August 30, 2009I had a great talk with Tristan Baurick as he was writing 'College Discourse Over Food Safety, Courtesy of Bainbridge Lawyer' – that would be me. As I said, spending a few dollars to bring Michael Pollan to the WSU campus is worth it. It puts: 'Michael Pollan's biting critique of industrial agriculture, 'The Omnivore's Dilemma' — into the hands of every freshman entering a university known for producing the best minds in agribusiness...
More Bad Raw Milk Stories
Posted on August 29, 2009Summer, or at least August, is drawing to a close in the Northwest – temperatures have dropped below 100 and rain is expected. Really, no global warming? I spent most of last week being supportive, but feeling helpless, as a client who ate E. coli O157:H7-tainted Nestle Toll House Cookie Dough, may well be slowing dying after spending over 100 days in the hospital (still there), loosing her large intestine and gall bladder and spending weeks on dialysis...
The Partnership for Food Safety Education Tackles Four Common Food Safety Myths
Posted on August 27, 2009Recipes can be handed down from generation to generation and so can myths surrounding food safety -- sometimes with sickening consequences. September is National Food Safety Education Month and the Partnership for Food Safety Education (PFSE), in cooperation with the Food and Drug Administration, the Centers for Disease Control and Prevention, and the U...
Marler Interview at Eating Well Magazine
Posted on August 27, 2009Myself, along with a number of others concerned about the safety of our food supply, were recently interviewed for Eating Well Magazine. Here is my interview: SPECIAL REPORTS - Food Safety Expert: Bill Marler Bill Marler is a managing partner and personal injury lawyer at Marler Clark LLP, PS, and also a national expert in foodborne illness litigation and U...
E. coli O157:H7, O157:NM, and non-O157 serotypes O26:H11, O111:NM, O103:H2, and O145:NM can cause Human Illness - The German Experience.
Posted on August 24, 2009In my ongoing effort to understand the risk to humans of non E. coli O157:H7, this weekend I read the manuscript 'Molecular Analysis of Virulence Profiles and Shiga Toxin Genes in Food-Borne Shiga Toxin-Producing Escherichia coli' by Slanec, T., Fruth, A...
Another Nail in the Grass Feed Beef is better than Grain Feed Beef Coffin
Posted on August 24, 2009As I wrote a year ago in a blog post, "Grass-Fed vs Grain-Fed Beef and the Holy Grail: A Literature Review," several people have commented that switching from grain to grass feeding could be one of the solutions to the problem with foodborne pathogens in cattle and other livestock...
Another Nail in the Grass Feed Beef is better than Grain Feed Beef Coffin? Perhaps Not?
Posted on August 24, 2009As I wrote a year ago in a blog post, "Grass-Fed vs Grain-Fed Beef and the Holy Grail: A Literature Review," several people have commented that switching from grain to grass feeding could be one of the solutions to the problem with foodborne pathogens in cattle and other livestock...
The Largest E. coli O111 Outbreak Remembered - Victims Still Mourning - Victims Still Suffering - The Restaurant and Government Still Has Done Nothing to Help
Posted on August 23, 2009Kim Archer of the Tulsa World has done a great job of recalling the horrors of the United States' largest E. coli O111 outbreak. • 341 were sickened • 70 people were hospitalized, including 22 children • 17 people received kidney dialysis, including eight children • 1 man died Excerpts from the Article about just one of the victims: His entire life, Kenneth Birkes has worked seven days a week from dawn to dark...
Super Lawyer - the list that keeps on giving
Posted on August 22, 2009Law and Politics Magazine yearly picks lawyers who are voted in by other lawyers as "Super Lawyers." This year I actually made it on the cover when they did an issue of food poisoning litigation. Nice to have the recognition. Perhaps we need a magazine for "Super Clients," so we don not forget what being a trial lawyer is really all about...
The Denis and Bill Show off to Washington DC
Posted on August 21, 2009Denis Stearns and I will be speaking next week at the FSIS District Managers' Conference on "FSIS' Actions in the Judicial Branch" - here is the PowerPoint:
Food Safety - Now on to the Senate - S 510
Posted on August 20, 2009I am in the process of reading S 510 - FDA Food Safety Modernization Act. Click below to download and read. This was introduced in March 2009 by Senator Durbin. The bill is presently in the Committee on Health, Education, Labor and Pensions...
Third E. coli Lawsuit to be Filed Against JBS Swift Beef Company
Posted on August 19, 2009Three Family Members Sickened in Wisconsin, One Gravely. A Wisconsin family sickened in the JBS Swift Beef Company outbreak of E. coli O157:H7 will file suit against the company Wednesday. The lawsuit will be brought by the Seattle-based foodborne illness law firm Marler Clark in the Federal Court, Eastern District of Wisconsin...
Hurricane Bill Heads towards the East Coast
Posted on August 19, 2009Adapted from AP: The first hurricane of the 2009 Atlantic season has gathered strength with sustained hot air of up to 135 mph, the US National Hurricane Centre said. Hurricane Bill at this time posed no threat to food manufacturers in the Gulf of Mexico but authorities in Bermuda have warned restaurants to be prepared...
Non-E. coli O157:H7 Serotypes linked to Hemolytic Uremic Syndrome (HUS)
Posted on August 18, 2009I was reading recently an article in the European Journal of Clinical Microbiology & Infectious Diseases by R. J. Pomajz, M. Varman, A. Holst and A. Chen entitled, Hemolytic uremic syndrome (HUS) incidence and etiologies at a regional Children's Hospital in 2001–2006...
Seattle Voices - Interview with Bill Marler
Posted on August 17, 2009Click on below to get to link:
Milan McDonald's Inspection Reports from 2008 - 2009 Paint an Ugly Picture - Hepatitis A Outbreak was Bound to Happen
Posted on August 17, 2009I must admit having the video of a former employee saying that she worked at McDonald's while infectious with Hepatitis A, and that she told her manager that she had Hepatitis A after the employee was released from the hospital, is priceless. However, having the inspection reports from the Rock Island County Health Department for 2008-2009 is even better...
The Reality is Non-O157:H7 Shiga-toxin E. coli Causes Human Illness - So, Why Does the USDA and FSIS NOT Consider it an Adulterant?
Posted on August 17, 2009June Dunning, E. coli O146:H21, 2006, Death Right up until the time of her death, Ms. Dunning remained an active, self-aware and outgoing woman. Her health had always been good too. For the last seven years of her life, June lived in Hagerstown, Maryland with her daughter, and her son-in-law...
Why the CDC has it right - It was Nestle Toll House Cookie Dough that Sickened 80 with E. coli O157:H7
Posted on August 14, 2009In early June 2009, public health investigators noticed an increase in isolates submitted by multiple state public health laboratories to PulseNet with a two-enzyme pattern combination of EXHX01.0224 and EXHA26.0536. This is a relatively common pattern combination, appearing at least 364 times in the PulseNet database since 2005...
Nestle Toll House Cookie Dough E. coli Outbreak, PFGE, MLVA = CSI
Posted on August 13, 2009There are a lot of things I love about my job, but one is the science behind linking people in dozens of states to food that they consumed that poisoned them. Once that link is scientifically determined, and the outbreak stopped, then the time comes to learn from the mistakes so the next outbreak can be avoided...
OK, I made a mistake - FSIS did publish Retail Recall List For Fresno Beef (Cargill) and I missed it - AND Sterling Pacific Meat Co., recalls E. coli O157:H7 Meat
Posted on August 13, 2009I blew it. I look at the FSIS site daily and I missed that they had posted the below list of retail outlets that received the Salmonella Newport Beef: I am sorry. The Sterling Pacific Meat products subject to recall include: Fatburger Brand: * 20-pound packages of "8 oz...
A week after FSIS announces a Class I Recall of Salmonella Newport beef from Beef Packers (Cargill) and still no list of where the beef went?
Posted on August 13, 2009On August 6, 2009 Beef Packers, Inc., of Fresno, California recalled approximately 825,769 pounds of ground beef products linked to an outbreak of salmonellosis (disease that can be caused by antibiotic-resistant Salmonella Newport). This was announced on the U...
Number rises to 30 of those infected with Hepatitis A at Milan McDonald's - Third lawsuit filed
Posted on August 12, 2009Another lawsuit on behalf of a customer sickened in the Milan McDonald's outbreak was filed today in the Circuit Court of the Fourteenth Judicial Circuit of Rock Island County. The lawsuit was filed against McDonald's Inc., and Kevin Murphy, the owner of the McDonald's restaurant at 400 West First Street in Milan, IL, by Marler Clark, the Seattle-based foodborne illness law firm, and Craig Mielke of the Illinois firm of Foote, Meyers, Mielke & Flowers LLC...
JBS Swift E. coli Beef Banned from Mexico - What Would Lou Dobbs Say?
Posted on August 12, 2009OK, I admit, Lou Dobbs (and all the cable yammering heads) drive me nuts. Mainly because they prey on peoples' fears (left and right) and they are smart and sane enough (O.K., exclude Beck and Hannity) to know better. Lou is particularly bothersome with his constant complaints of illegal immigrants and the plagues (he yells loudly about) they allegedly bring across our borders...
Cargill linked Beef Packers, Inc., Electrically Stunned Cows Prior to Slaughter
Posted on August 11, 2009According to Garance Burke, super AP reporter, USDA records show that Cargill linked - Beef Packers, Inc., that recalled tons of hamburger meat due to salmonella fears was slapped with humane handling violations in a government review of meatpacking plants last year...
So, Beef Packers Inc. (a.k.a. Cargill) Recalls Salmonella Newport Beef - Why Hasn't It Or FSIS Told Us Where It Was Sold?
Posted on August 10, 2009When we hear that there has been a recall of hamburger tainted with Salmonella Newport, how many of us would know which company slaughtered the cow and ground the meat? Would we know that the meat came from Beef Packers Inc. (a.k.a. Cargill), or would we only know the store we bought the meat from? My guess it would be the store only...
CDC Links 80 E. coli O157:H7 to Nestle Toll House Cookie Dough - 35 Hospitalized - 10 with Hemolytic Uremic Swndrome
Posted on August 10, 2009CDC Published this Morning: CDC is collaborating with public health officials in many states, the United States Food and Drug Administration (FDA), and the United States Department of Agriculture Food Safety and Inspection Service (FSIS) to investigate an outbreak of E...
Safeway Recalls Ground Beef in Arizona, California, Colorado, Hawaii, Nebraska, Nevada, New Mexico, South Dakota and Wyoming
Posted on August 10, 2009In cooperation with Beef Packers, Inc.'s (Cargill's) recall of 825,769 pounds of ground beef linked to an outbreak of salmonellosis, Pleseanton, California Safeway, Inc. is recalling fresh ground beef products sold between June 6 through July 14, 2009, at stores in Arizona, California, Colorado, Hawaii, Nebraska, Nevada, New Mexico, South Dakota and Wyoming...
CDC Links 80 E. coli O157:H7 to Nestle Toll House Cookie Dough - 35 Hospitalized - 10 with Hemolytic Uremic Syndrome
Posted on August 10, 2009CDC Published this Morning: CDC is collaborating with public health officials in many states, the United States Food and Drug Administration (FDA), and the United States Department of Agriculture Food Safety and Inspection Service (FSIS) to investigate an outbreak of E...
So, why is E. coli O157:H7 considered an adulterant, but other shiga-toxin E. coli not? Why is Salmonella not considered an adulterant, even when the Salmonella is antibiotic-resistant Salmonella Newport?
Posted on August 08, 2009Personally, as I said to the Los Angeles Times a few days ago, 'I think that anything that can poison or kill a person should be listed as an adulterant' [in food]. According to the CDC, E. coli O157:H7 is the source of an estimated 73,000 illnesses, 2,000 hospitalizations, and 60 deaths in the United States every year...
The Dairy Industries Dirty Little Antibiotic Salmonella Newport Secret
Posted on August 07, 2009So, the dairy industry pumps the cows full of antibiotics and then when done with them sends them to slaughter to be fed to us. Use of antibiotic susceptibility patterns and pulsed-field gel electrophoresis to compare historic and contemporary isolates of multi-drug-resistant Salmonella enterica subsp...
Safeway and Other Stores in Colorado Linked to 21 Hamburger Salmonella Newport Illnesses
Posted on August 07, 2009Colorado State health officials, the U.S. Department of Agriculture and several other state health departments have been investigating an outbreak of infections that are resistant to several commonly used antibiotics. To date, cases of illness have been identified in 11 states...
Safeway and Vons Stores in California Linked to Five Hamburger Salmonella Newport Illnesses
Posted on August 07, 2009According to the San Francisco Chronicle, the U.S. Department of Agriculture's Food and Safety Inspection Service is investigating 40 illnesses in nine states - including five people in the California counties of Orange and Tulare – who have been sickened...
So, what's up with Wisconsin Pic n' Saves and E. coli O157:H7
Posted on August 07, 2009As of July 1, 2009, the CDC reported twenty-three persons infected with a strain of E. coli O157:H7 with a particular "DNA fingerprint" have been reported from 9 states – Wisconsin included. Of these, 17 (likely more now) have been confirmed by an advanced DNA test (MLVA) as having the outbreak strain...
Obama Administration fails Salmonella test - At least 27 people in Colorado, California and Wyoming sickened with Salmonella Newport linked to Cargill Hamburger
Posted on August 07, 2009California, Colorado and Wyoming health officials said this afternoon that at least 27 people have reported illnesses tied to recalled ground beef tainted with antibiotic resistant Salmonella Newport. On Thursday, Fresno-based Beef Packers Inc. (Cargill) recalled 825,769 pounds of ground beef produced June 5-23...
The Meat Industry Will Never Solve the E. coli O157:H7 Problem Until It Stops Blaming the Consumer
Posted on August 06, 2009I have always been a bit amazed at the meat industry and the USDA. In the nearly 17 years of litigating E. coli O157:H7 cases – mostly on behalf of children – I am tired (and a bit disgusted) by the constant din of blaming the consumer. Sometimes the industry goes so far as to sue the parent of an injured child...
Antibiotic Resistant Salmonella Linked to Illnesses - Fresno Beef Packer Meat Recalled in California, Arizona, Colorado and Utah - My Quote of the Day
Posted on August 06, 2009I had a nice chat this morning with Jerry Hirsch from the LA Times on the resent recall of some 800,000 pounds of hamburger. As I said to Jerry: Regulators probably jumped on the beef case out of concern for antibiotic resistant strains of salmonella, said William Marler, a Seattle attorney and food safety expert who specializes in food-borne illness litigation...
The Truth About Raw Milk Sales in Washington
Posted on August 06, 2009I missed Ms. Cole's presentaion at the AVMA Conference a few weeks ago and just received a copy of her PowerPoint. I really liked the pictures of the cows from the Dee Creek Farm that was linked to an E. coli O157:H7 Raw Milk Outbreak in 2005. Click below to see her presenation:
Where is the Salmonella Newport Beef?
Posted on August 06, 2009I am showing my age that I remember the famous TV ad from the 1980's - "Where is the Beef?" So, Cargill, where is the million pounds of Salmonella Newport? We know it is in 11 States - which ones? We know that Safeway and King Soopers is doing a recall - what others? It would be nice to know where the beef really is...
Beef Packer, Inc. (aka Cargill) Recalling Ground Beef Sold to Retail Markets Due to Salmonella Newport - Illnesses in 11 States
Posted on August 06, 2009The Colorado Department of Public Health and Environment today announced that Beef Packers, Inc., a Fresno, Calif., establishment, is recalling approximately 826,000 pounds of ground beef products that may be linked to an outbreak of illness from Salmonella Newport...
Something must be wrong - I was voted into "The Best Lawyers in America."
Posted on August 04, 2009My kids have been telling me it for years, but I have always been a bit suspect. However, this morning I was informed that I had been selected by my peers for inclusion in the 2010 edition of "The Best Lawyers in America®" in the specialty of Personal Injury Litigation...
H.R. 2749 - Food Safety Enhancement Act of 2009 - Read it
Posted on August 03, 2009Click on above image to see final bill passed from the House, or see my post below.
2008 E. coli O157:H7 Raw Goat Milk Outbreak Sickened Four - Two with Hemolytic Uremic Syndrome
Posted on August 03, 2009The Outbreak On May 12, 2008 the Lawrence County Health Department (LCHD) was notified of a case of HUS in a child with a history of bloody diarrhea. The health care provider reported that the child had consumed unpasteurized goat's milk obtained from a local store, the Herb Depot, in Barry County, Missouri...
A Friday and Saturday night read - H.R. 2749 - Food Safety Enhancement Act 2009 - So, what's really in it?
Posted on August 02, 2009It is clear that most of the people chattering across the Internet on either side have never read the bill (arguably, many who voted on did not either). Below is a summary as I read the bill. In order to effectively read it, you have the Food, Drug and Cosmetic Act, Chapter IV open to track the amendments and changes – especially the definitions...
Bench Trim to be Tested (a few times) for E. coli O157:H7
Posted on August 01, 2009Agriculture Secretary Tom Vilsack today announced that USDA's Food Safety Inspection Service (FSIS) is issuing guidance for inspectors to begin conducting routine sampling of bench trim for E. coli O157:H7. Bench trim is the fat and meat trimmed from cuts like steaks and roasts as they are prepared in processing plants...
Reading amended and passed H.R. 2749 Food Safety Enhancement Act of 2009 this weekend - How much fun is that?
Posted on August 01, 2009Here is the link to the bill that has passed. When introduced in early June, the Food Safety Enhancement Act of 2009, which would amend the Federal Food, Drug, and Cosmetic Act was summarized. It required each food facility to: (1) conduct a hazard analysis; (2) implement preventive controls; and (3) implement a food safety plan...
Something else to read this weekend -S.510 -Senator Durbin's FDA Food Safety Modernization Act
Posted on August 01, 2009Click to read full test of S. 510. Now that the House passed H.R. 2949 it will run into S. 510 - "A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply." Chief Sponsor: Sen Durbin, Richard...
Tennessee Salmonella Lawsuit Filed in Memphis against A & R Bar-B-QUE
Posted on July 31, 2009Salmonella is a bacterium that causes one of the most common enteric (intestinal) infections in the United States – Salmonellosis. In some states (e.g. Georgia, Maryland), salmonellosis is the most commonly reported cause of enteric disease, and overall it is the second most common bacterial foodborne illness reported (usually slightly less frequent than Campylobacter infection)...
The Quad-Cities - Hepatitis A Ground Zero - McDonalds Linked to 26 Illnesses and 5,366 Injections
Posted on July 31, 2009According to the Quad-City Times, the total of hepatitis A cases in the Quad-City region has grown by one, and the latest patient lives in Henry County. The Rock Island County Health Department has finished a series of free inoculation clinics to provide protection against the illness...
At 159 Pages, H.R. 2749 - The Food Safety Enhancement Act of 2009 is quite the read
Posted on July 30, 2009Here is the bill that (I think) is to be voted on in about an hour: Click above to download.
Congressman John D. Dingell - Superman of Food Safety
Posted on July 30, 2009Congressman John D. Dingell gave an impassioned speech today on behalf of HR 2749 - The food Safety Enhancement Act of 2009. I think it should be renamed the Dingell Bell, errr, Bill. Anyway, the guy is a stud. The vote on the Bill should happen soon...
The Cost of Foodborne Illness
Posted on July 30, 2009The Food Safety Bill is being debated on Capitol Hill as I write this post. Hopefully the human cost of foodborne illness will weigh on our Representatives' minds as they vote. Lindsey Jennings (below, center) was a healthy 21-year-old starting medical school in the fall of 2008...
E. coli O157:H7 Settlement reached in Hemolytic Uremic Syndrome Case Linked to Hamburger
Posted on July 30, 2009A confidential settlement was reached this morning on behalf of twelve-year-old Rebecca Gosla, who was sickened in a 2007 E. coli O157:H7 outbreak linked to contaminated ground beef that were manufactured by United Foods. Rebecca's illness stands apart from most E...
Salmonella Lawsuit Filed On Behalf of Memphis Father and Son Hospitalized by Tainted Barbeque
Posted on July 30, 2009A lawsuit stemming from the recent outbreak of Salmonella illnesses was filed today in the Circuit Court for Shelby County, Tennessee against A&R Bar-be-que, LLC. The lawsuit was filed on behalf of a Memphis father and son by Seattle foodborne illness law firm Marler Clark and by John Day of the Tennessee firm Day & Blair...
HR 2749 - The Food Safety Enhancement Act of 2009 - Goes Down in Defeat
Posted on July 29, 2009Congress, I have not much to say about this, except:
The Time is now for Food Safety Legislation
Posted on July 29, 2009In 2002, in the middle of the recall of 21,000,000 pounds of E. coli O157:H7-tainted ConAgra beef that sickened 50 Americans and killed one grandmother, I wrote an Op-Ed saying that it was time to 'put me out of business.' People generally hate trial lawyers like me, and I said that the best way to get rid of me would be to stop poisoning people with contaminated food...
President Obama Supports HR 2749 - The Food Safety Enhancement Act of 2009
Posted on July 29, 2009Here is the Obama Administration's position: The Administration strongly supports House passage of H.R. 2749, the Food Safety Enhancement Act of 2009. The legislation includes many of the recommendations of the President's Food Safety Working Group and focuses on key Administration goals by prioritizing prevention, strengthening surveillance and enforcement, and improving response and recovery...
With 25 Ill and over 10,000 exposed of Hepatitis A Milan McDonalds, Rock Island Health Department extends clinic dates
Posted on July 25, 2009The incubation period (time from exposure to onset of symptoms) is 15-50 days, with an average of 30 days. Thus far at least 25 people have contracted Hepatitis A and over 10,000 or more were exposed. 5,000 have received IG or Hepatitis A vaccines to hopefully prevent illness onset...
King Soopers of Denver Colorado Recalls Ground Beef Products Due To Salmonella Contamination - 14 Ill - US Public is the "Canary in the Coal Mine"
Posted on July 23, 2009Once again contaminated food products are shipped to US grocery stores and consumers become ill. The US pubic continues to be the "canary in the coal mine." As FSIS reports: As a result of an ongoing investigation into an outbreak of Salmonella Typhimurium DT104 associated with ground beef products, the Colorado Department of Public Health and Environment (CDPHE) notified FSIS of the problem...
McDonald's Patron Infected with Hepatitis A Files Lawsuit - Teen Sickened after Eating at Milan, Illinois McDonald's
Posted on July 23, 2009The first lawsuit on behalf of a customer sickened in the Milan McDonald's outbreak was filed today in the Circuit Court of the Fourteenth Judicial Circuit of Rock Island County. The lawsuit was filed against McDonald's Inc., and Kevin Murphy, the owner of the McDonald's restaurant at 400 West First Street in Milan, IL, by Marler Clark, the Seattle-based foodborne illness law firm, and the Illinois firm of Foote, Meyers, Mielke & Flowers LLC...
Tanimura & Antle Voluntarily Recalls One Lot of Romaine Lettuce Because of Possible Salmonella Health Risk
Posted on July 22, 2009From a Company Press Release: FOR IMMEDIATE RELEASE July 21, 2009 Tanimura & Antle, Inc. of Salinas, Calif. is voluntarily recalling one lot of romaine lettuce because it has the potential to be contaminated with Salmonella. No illnesses have been reported to date, and the company is working with FDA to inform consumers of this recall...
Why I love the internet
Posted on July 22, 2009I am so glad Al Gore (or whomever) invented the internet. I can not tell you how many emails I get from former employees or whistle-blowers. Here is one I received a few days ago: 'Mr. Marler: I was an employee at the ________________ plant and was told that they had a power outage and uncooked product sat out too long, this was after I got fired...
McDonald's Job Applicant Poisoned with Hepatitis A
Posted on July 22, 2009My daughter is 17 and took a partime job busing tables as a local restaurant. Can you imagine being a parent and urging your kid to get a Summer job at McDonald's? Here is an email I received tonight: My son Dillon is 16 and had to be hospitalized because he caught Hepatitis A after he took back an application for a job and ate at McDonald's in Illinois...
Cheryl Schram, Milan McDonald's Hepatitis A Employee, Speaks Out and Names Names
Posted on July 22, 2009A fast food worker at the Milan Illinois McDonald's tested positive for Hepatitis A back in mid-June, more than three weeks before the case was reported to county and state health officials. Cheryl Schram is going public tonight about who she says she told and when...
23 Hepatitis A Victims Linked to Milan McDonalds - 21 in Illinois and 2 in Iowa - 4,000 Given IG Shots
Posted on July 22, 2009According to the Quad-City Times, the number of people who have contracted Hepatitis A in the Quad-City region has grown to 23 confirmed cases – 2 of who are in Iowa. The 21Illinois Hepatitis A cases are in Rock Island, Henry, Mercer and Warren counties, as well as one in Woodford County The cases are connected with Rock Island County businesses, including a McDonald's restaurant, 400 W...
Marler Clark Files Class Action Hepatitis Lawsuit Against McDonald's
Posted on July 21, 2009Ten Thousand People May Have Been Exposed to Hepatitis A at Milan Restaurant A class action lawsuit was filed today in the Circuit Court of the Fourteenth Judicial Circuit of Rock Island County against McDonald's Inc., and Kevin Murphy, the owner of the McDonald's restaurant at 400 West First Street in Milan, Illinois...
Hepatitis A Class Action Lawsuit Filed Against McDonald's
Posted on July 21, 2009Case No. 09 L 0089 – Judge Vandewiele
At least 10,000 should receive IG shots to prevent Hepatitis A from Milan McDonalds - At least 20 confirmed ill thus far
Posted on July 20, 2009Thousands of people are lining up in southern Illinois to receive Immunoglobulin (IG or Immune Globulin or Gamma Globulin) shots. IG is pooled/plasma-containing antibodies against a number of diseases like measles, rubella, varicella, and Hepatitis A...
Hepatitis A Ground Zero - McDonalds in Rock Island County Illinois
Posted on July 20, 2009The number of ill has risen to 20 and more can be expected. Questions are still being raised as to when McDonalds and Rock Island County Department of Health knew when McDonalds had its first Hepatitis A ill employee. I have been flooded with emails from local residents worried about their kids...
Salmonella Testing of Product Works - Sweet Superior Fruit LTD Recalls Cilantro (Coriander) Because Of Possible Health Risk
Posted on July 19, 2009Sweet Superior Fruit LTD. Co. of McAllen, Texas, is recalling 104 crates of fresh cilantro (coriander) because the product has the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems...
So, what did McDonald's and the Rock Island Health Department know (about Hepatitis A ill workers) and when did they know it?
Posted on July 18, 2009Media reports, press releases and comments from the Rock Island County Health Department, Illinois Department of Health and the McDonald's in Milan at 400 W. 1st St. on U.S. 67 franchise owner are a bit light, but we know that at least 19 patrons of the restaurant are ill with Hepatitis A - 11 have been hospitalized...
If it was not for Thomas Geyer of Quad-City Times and an unnamed reporter at KWQC, the customers of a Milan, Illinois McDonalds might never know where they got Hepatitis A
Posted on July 18, 2009Thank goodness for what is left of a free press. If not for the Quad-City Times and KWQC, the folks of Rock Island County would not know the following: From KWQC - Hepatitis A Outbreak Latest Rock Island County now has 14 with Hepatitis A. That brings the total number to 20 cases, with 11 people being hospitalized...
McDonald's Hepatitis A Problem - How Many Times Does Lightening Need to Strike Before You Wake the Hell Up?
Posted on July 17, 2009I was 'struck' how easy it is to spend a few moments on Google to see what a problem McDonalds seems to have with Hepatitis A infected employees. I really do not get it? Why risk it? The Hepatitis A vaccine is a 2 dose series with the 2 doses given at least 6 months apart for lasting protection against infection by the Hepatitis A virus...
Second E. coli O157:H7 Hemolytic Uremic Syndrome Lawsuit Filed Against JBS Swift
Posted on July 16, 200919 Hepatitis A cases linked to a Milan, Illinois McDonalds - 13 are in Rock Island County, and 6 more are being reported in Henry, Mercer, Warren and Woodford Counties
Posted on July 16, 2009As of Thursday afternoon, there are 19 confirmed Hepatitis A cases. 13 are in Rock Island County, and six more are being reported in Henry, Mercer, Warren and Woodford Counties. John David at WQAD has reported: that 'Lunch customers coming to the Milan McDonalds on Thursday found the doors locked...
ACI Foodborne Illness Litigation Conference - Chicago
Posted on July 16, 2009This is the third time that I have helped with the conference. Click below to download brochure Marler Blog readers are entitled to a $500 discount off of the standard price (for a price of $1695) when they reference discount code 'Marler' As an immediate byproduct of the outbreaks there has been a wave of new litigation, some of which has even resulted in possible criminal indictments for some in the food manufacturing industry...
JBS Swift E. coli Meat Sickens at least 23 in California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin - When will other states be reporting - like Washington?
Posted on July 15, 2009Nearly two weeks ago, the CDC and FSIS reported that 23 persons infected with a strain of E. coli O157:H7 with a particular "DNA fingerprint" have been reported from 9 states. Of these, 17 have been confirmed by an advanced DNA test as having the outbreak strain; confirmatory tests are pending on others...
Dave Theno had it right - Secretaries Vilsack and Sebelius should pay attention
Posted on July 15, 2009Lauren Beth Rudolph died on December 28, 1992 in her mother's arms due to complications of an E. coli O157:H7 infection - Hemolytic Uremic Syndrome. She was only 6 years, 10 months, and 10 days old when she died. Her death, the deaths of three other children, and the sicknesses of 600 others, were eventually linked to E...
3rd annual China International Food Safety & Quality Conference + Expo - September 2009 in Beijing
Posted on July 14, 2009I am honored to be a speaker again this year and to lend my support to what is truly becoming one of the world best food safety conferences. From the Conference Website: When it comes to protecting food, good governance is good for business. For anyone committed to enhancing food safety, the 3rd annual China International Food Safety & Quality Conference + Expo allows you to stay on top of the latest trends and developments...
Nestle Toll House Cookie Dough E. coli O157:H7 By the Numbers - 76 Sickened in 31 States, 11 with Hemolytic Uremic Syndrome
Posted on July 14, 2009According to the FDA, as of July 10, the CDC reports that 76 persons from 31 states have been infected with the outbreak strain of E. coli 0157:H7. Thirty-five persons have been hospitalized, 11 with a severe complication called Hemolytic Uremic Syndrome...
E. coli O157:H7 should have been an Adulterant on ALL BEEF in 2002 and it should be Today!
Posted on July 13, 2009In fact, IMHO, all pathogens on meat should be considered an adulterant - but that is just me. Denis Stearns, one of my law partners, reminded me that in 2002 we asked FSIS to consider that E. coli O157:H7 on ALL BEEF should be considered adulterated...
Where is the balance between food safety, consumer convenience, industrialized agriculture and the environment?
Posted on July 13, 2009I had a long talk with Carolyn Lochhead, San Francisco Chronicle Washington Bureau Reporter about her article, 'Crops, ponds destroyed in quest for food safety' that appeared this morning. It is a good opening discussion of the balance that we somehow have to forge between food safety, consumer convenience, industrialized agriculture and the environment...
One E. coli O157:H7 Outbreak I Think I could have Prevented
Posted on July 12, 2009John Munsell, known to the readers of Mother Jones as – 'Meatpacking Maverick - Montana meatpacker John Munsell's against-the-odds struggle for improved food safety' - by Michael Scherer, and to the readers of Marler Blog, one of its most consistent commentators...
Guest Blogger Roy E. Costa - "A Sanitary Survey of Nestlé's... Quick"
Posted on July 12, 2009While public health investigators shake their collective heads, the cause of the E coli O157:H7 outbreak due to raw cookie dough that has now affected over 70 persons goes unrecognized. FDA has reportedly ruled out sabotage, extensive tests of ingredients did not reveal the agent, and several days of investigation reportedly turned up only minor sanitation issues...
Richard Raymond, former USDA Undersecretary of FSIS, Unplugged, but Right On
Posted on July 11, 2009I know, I know, a trial lawyer who reads the Wall Street Journal? Yes, a bit counter-intuitive, but you have to love Bill Tomson's article today – 'U.S. Beef Safety Plan Languishes Amid New Illnesses,' and getting some juicy quotes by an 'R' I admire, Richard 'Dick' Raymond...
Nestle Danville Toll House Cookie Dough "483" Posted.
Posted on July 11, 2009After inspecting the Danville Plant on 06/18/2009(Thu), 06/19/2009(Fri), 06/22/2009(Mon), 06/23/2009(Tue), 06/24/2009(Wed), 06/25/2009(Thu), 06/26/2009(Fri), 07/07/2009(Tue), 07/08/2009(Wed), and 07/09/2009(Thu), the FDA posts a 1, yes, 1 page "483" online last night, or early this morning - yes, even I sleep sometimes...
FDA's Inspection Report For Nestle's Danville, Virginia Facility - FDA's 483 - Released to Nestle on Thursday - The Rest of Us, When?
Posted on July 11, 2009From a Nestle's Press Release: On June 29, 2009, the FDA confirmed evidence of E. coli O157:H7 in a retained production sample of 16.5 oz. Nestle Toll House refrigerated chocolate chip cookie dough bar. The product has a day code of 9041 and a "Best before 10 JUN 2009" notation...
Yet Another Cluster of E. coli O157:H7 Ill Kids - Salida Colorado
Posted on July 10, 2009According to the Chaffee County Public Health Department, two children in Salida were recently diagnosed with Escherichia coli (E. coli) and at least three others have reported symptoms that could indicate the illness. Chaffee County Public Health Department personnel are working with the Colorado Department of Public Health and Environment to investigate the cluster of E...
Nestle Toll House Cookie Dough E. coli O157:H7 Outbreak Expands to 74 Ill in 32 States
Posted on July 10, 2009I spent the morning on the phone with two young fathers whose children are both victims of Hemolytic Uremic Syndrome caused by E. coli O157:H7 that has been linked by the CDC to Nestle Toll House Cookie Dough. One child, an 8-year-old from Michigan has been hospitalized for nearly a week and has received at least one blood transfusion...
E. coli and Cookie Dough Should Not Mix
Posted on July 09, 2009The CDC says 72 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 30 states. Of these, 51 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others...
Guest Blog - The CDC Linking Raw Cookie Dough to an E. coli Outbreak
Posted on July 09, 2009OK, so the CDC likely would not even recognize that they know me or that what I do is useful, but I must say, this post (unauthorized here) on the CDC Blog is perhaps the best explanation of why we need a CDC and Epidemiologists. Plus the author is kinda hot - for a Doctor...
AVMA Conference - Raw Milk Consumption - Legal Implications of Raw Milk and Case Studies
Posted on July 09, 2009I have been asked to present a short overview of legal implications of Raw Milk this Sunday at the AVMA Convention here in Seattle. Here is the outline. There will be one video too.
Well, Mr. Bill May Not Be Going To Washington
Posted on July 09, 2009A friend in the beef industry just forwarded this to me: AGRICULTURE SECRETARY VILSACK NAMES JEROLD R. MANDE AS DEPUTY UNDER SECRETARY FOR FOOD SAFETY WASHINGTON, July 9, 2009 - Agriculture Secretary Tom Vilsack today announced the appointment of Jerold R...
ABC Brian Hartman Exclusive - Again: Nestle Cookie Dough Loaded With Three Kinds of E. coli - Minnesota Family Link
Posted on July 09, 2009Mr. E. coli (aka Brian Hartman) once again scoops all in the ongoing Cookie Dough caper. Here is part of his story: Federal investigators have linked at least three different kinds of E. coli to Nestle's cookie dough but remain stumped about how the bacteria got into the product, ABC News has learned...
Plainview Milk Products Cooperative Salmonella Recall - Where is the Genetic Fingerprint?
Posted on July 08, 2009I was watching again this morning the Vice President and Secretaries Vilsack and Sebelius talking about the Food Safety Working Group as I was responding to emails from people concerned about yet another recall of a staple food product. This time the Plainview Milk Products Cooperative Salmonella Recall...
Is the Cuyahoga County Ohio Board of Health investigating a cluster of Hemolytic Uremic Syndrome (HUS) cases associated with E. coli O157:H7?
Posted on July 08, 2009On the eve of the July 4th weekend, The Cuyahoga County Board of Health (CCBH) released a press release that it was: 'currently investigating a cluster of Hemolytic Uremic Syndrome (HUS) cases associated with exposure to E. coli O157:H7 bacteria. E. Coli can cause intestinal infection resulting in severe bloody diarrhea and abdominal cramps...
I Never Thought I Would Live to See the Day - Food Safety in the Age of Obama
Posted on July 07, 2009In 16 years of litigating thousands of foodborne illness cases and taking over $500,000,000 from food companies, I really may live to see the government "put me out of business." Here are the talking points for today's Food Safety Working Group Event...
Obama's Food Safety Working Group to Take a Bite Out of Food Safety
Posted on July 07, 2009The President's Food Safety Working Group will announce today at 1:30 Eastern Time that the Food and Drug Administration and the Agriculture Department will adopt new standards targeted at combating foodborne illnesses in the United States. According to a pre-release, under the new rules: • The FDA will help the food industry establish better tracing systems to track the origins of a bacterial outbreak...
American Bar Association
Posted on July 07, 2009Damn, great to see the ABA is finally paying attention to my blog - errr, blawg Perhaps I'll make it into the Top 100 this year?
Quotable Quotes on Food Safety
Posted on July 07, 2009CDC acts to expedite foodborne data sharing Such single-point reporting may be a weakness of the new system, because it cannot establish trends in the way that multi-year analyses do, said prominent food-safety attorney Bill Marler of Seattle. "It you looked just at 2006, you would think that produce is a terrible risk, but in 2007 and 2008 there were fewer outbreaks in produce and many more in meat," he said...
Food Safety Advocates Marler Clark File First E. coli Lawsuit against JBS Swift Beef Company on Behalf of Gravely Ill Victim
Posted on July 06, 2009The first lawsuit stemming from the current E. coli O157:H7 (E. coli) recall by JBS Swift Beef Company of Greeley, Colorado that has been linked to 23 E. coli illnesses in California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin was filed today on behalf of an Albuquerque-area child who was infected with E...
Before You Light the Grill Check the FSIS Retail List of JBS Swift Recalled E. coli Beef
Posted on July 04, 2009Good to see USDA/FSIS and JBS Swift are working on the 4th. The list of retailers is now is 82 pages long. The E. coli O157:H7 Illnesses are at least 23 in 9 states. I am off to California and New Mexico in the morning to meet with two HUS victims of this recall.
Interview with James F. Neale, Esquire - Food Illness Defense Guy
Posted on July 03, 2009I got the heads-up that Jim had been interviewed by Law 360 and actually said something nice about me. Thinking that it could not be so – since I once suggested that his skills as a defense lawyer reminded me of the kids that looked so closely at the details that 'they burned the wings off of small insects...
JBS Swift and FSIS Name Names - Retail Stores That Received E. coli Beef
Posted on July 03, 2009It really is a bit hard to imagine what today was like for JBS Swift and the FSIS - checking the list of retailers that might have received the 210 Tons of E. coli O157:H7 meat. This morning a few names trickled out - this evening a torrent, tomorrow a flood? Here is the most recent list: Price Chopper Hannaford Stop & Shop Food 4 Less Fry's Smith's Costco Sams Club Kroger SAV a Lot Knight Super Foods #4 Weldon's Meat Market Jasper Mercantile Keeney's Food Mart Sweetbay All DAY AM PM MART Hobby's Hoagies Produce SHRTN HTL Produce Giant Here is the most recent list (sure to expand in the coming days):
Wegmans Recalls Fresh Anaheim Peppers Due to Salmonella Risk
Posted on July 03, 2009Batch/UPC Code: Anaheim peppers sold since June 11, 2009. Reason for Recall: Wegmans has removed fresh Anaheim peppers from its Produce departments due to the possibility of salmonella contamination. The FDA is currently investigating the situation...
Just in Time for the 4th of July Weekend Another Warning About the Meat We Eat - NPR Interview of Marler
Posted on July 03, 2009Health officials with The Atlanta based Centers for Disease Control and Prevention say at least twelve people have been hospitalized in connection with a possible E. coli outbreak in beef. WGPB's John Sepulvado reports some three hundred eighty thousand pounds (actually 420,000) of beef have been recalled in connection to the outbreak: Colorado's JBS Swift Beef Company processed the suspect meat in April, and the recall began last week...
So, how does your garden grow?
Posted on July 03, 2009We have had very warm and dry weather over the last six weeks and the garden has exploded! We have already eaten lettuce, peas, carrots, beet greens, basil and radishes. The corn is well over knee high well before the 4th of July. We will soon be overwhelmed by tomatoes of every color and type...
The Net Tightens Around Retailers Who Received JBS Swift E. coli Meat - 23 Reported Ill in California (4), Maine (1), Michigan (6), Minnesota (1), New Hampshire (1), New Jersey (2), New Mexico (1), New York (1) and Wisconsin (6).
Posted on July 03, 2009JBS Swift USA and the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) have released a list of retailers that received meat that may have been tainted with E. coli. JBS Swift USA has recalled more than 420,000 pounds of beef that left the Greeley packing plant in April...
72 People Linked to Nationwide Nestle Cookie Dough E. coli O157:H7 Outbreak
Posted on July 02, 2009We have been retained by 20 of these linked cases (4 HUS) and have thus far filed suit in 3 cases. We have not filed any suits this week waiting to see if Nestle will offer to pay the acute phase medical expense and wage loss of its customers. From the CDC last night: 72 persons infected with a strain of E...
"Hot off the Grill" in Time for 4th of July Weekend - FSIS List of Retail Outlets that Received JBS Swift E. coli Meat
Posted on July 02, 2009A few days before many of us light up the barbeque, JBS Swift and the FSIS finally publish the list of retailers who received the tainted-meat (click on below). Frankly, the retailer names had trickled out over the last few days as responsible stores alerted thier customers...
Thank God for Bloggers - USDA Missing In Action - eFoodAlert Fills In Some Recall Blanks
Posted on July 01, 2009From eFoodAlert: Since USDA hasn't yet posted a retail consignee list for the JBS Swift Beef Company meat recalls, we've decided to pitch in. The following is a list of live links to retail-level recall announcements that were triggered by the JBS Swift recalls...
FSIS, JBS Swift - "Where is the Beef?" Would you Mind Telling the Public Where the E. coli Beef is BEFORE the 4th of July?
Posted on July 01, 2009The good/bad thing about hitting 50ish, and litigating food poisoning cases for 16 years, is the institutional memory that I have developed regarding bad food and bad commercials. Coming days before the 4th of July barbeque's, JBS Swift Beef Company expanded the approximately 40,000 pounds of 'assorted beef primals' recalled on June 24 to include another approximately 380,000 pounds of 'assorted beef primals" due to E...
California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin Report 23 E. coli O157:H7 Sicknesses Linked to JBS Swift - When will FSIS Release the Names of Stores Where Meat Was Sold?
Posted on July 01, 2009On June 24, FSIS issued a notice about a recall of 41,280 pounds of beef products from JBS Swift Beef Company that may be contaminated with E. coli O157:H7. On June 28, the recall was expanded to include 380,000 pounds of assorted pieces of beef (beef primal products) from the same company...
FSIS - Follow Your Own Damn Rules and Tell the Public Where the E. coli O157:H7-tainted JBS Swift Meat Went.
Posted on June 30, 2009On August 18, 2008 after years of hand wringing, the FSIS finally put public health before 'proprietary' business interests when it made the following rule: 9 C.F.R. § 390.10 Availability of Lists of Retail Consignees during Meat or Poultry Product Recalls The Administrator of the Food Safety and Inspection Service will make publicly available the names and locations of retail consignees of recalled meat or poultry products that the Agency compiles in connection with a recall where there is a reasonable probability that the use of the product could cause serious adverse health consequences or death...
Nestle's E. coli Cookie Dough Problem Grows to 72 in 30 States
Posted on June 30, 200972 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 30 states. Of these, 51 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others...
Plainview Milk Products Cooperative Recalls Two Years of Various Products Due to Potential Salmonella Contamination
Posted on June 29, 2009Plainview Milk Products Cooperative, Plainview, Minn., is voluntarily recalling instant nonfat dried milk, whey protein, fruit stabilizers, and gums (thickening agents) that it has manufactured over the past two years, because they might be contaminated with Salmonella...
Label Instructions and Cooking Times for Retail Frozen Ground Beef Patties
Posted on June 29, 2009We were proud to support the research on this important topic. Click below to download.
Thirty-Two Years Later
Posted on June 29, 2009A dear friend, and former campaign staffer (I had one) sent me the below flyer (only did one) when I ran and was elected to the Pullman City Council in 1977 by 63 votes! I was 19 years old. I have not changed much at all. Of course, I do know it is not effect, but affect.
ABC Brian Hartman Reports - "Smoking Gun" Found in Nestle Cookie Dough E. coli Scare
Posted on June 29, 2009Brian Hartman of ABC reports that FDA investigators today found E. coli O157:H7 at the plant in Danville, Virginia where Nestle makes Toll House Cookie Dough. The bacteria, according to an FDA official, was found at the plant in an unopened package of raw chocolate chip cookie dough...
JBS Swift Beef Company Expands Recall of Beef Products Due To E. coli O157:H7 Contamination - 24 Illnesses in Multiple States Appear Linked.
Posted on June 28, 2009Recall Release CLASS I RECALL FSIS-RC-034-2009 HEALTH RISK: HIGH Well, I was right to speculate a few days ago that the June 24 recall of JBS Swift meat might well be related to illnesses. It seems like "E. coli O157:H7 Season is Nearly Upon Us - Will it be 2005 and 2006 or 2007 and 2008?" FSIS just announced that JBS Swift Beef Company, a Greeley, Colorado is voluntarily expanding its June 24 recall to include approximately 380,000 pounds of assorted beef primal products that may be contaminated with E...
Are JBS Swift E. coli Recalls Linked to Illnesses in Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin? Canada?
Posted on June 28, 2009Sometime in the early hours of June 28, JBS Swift Beef Company expanded the approximately 40,000 pounds of 'assorted beef primals' recalled on June 24 to include another approximately 380,000 pounds of 'assorted beef primals" due to E. coli O157:H7 contamination...
William Marler Opinion - Sellers of E. coli - Stop Blaming the Victims
Posted on June 27, 2009'It was not the failure of the cookie dough manufacturer for not keeping cattle feces (E. coli) out of cookie dough that sickened the child, it is the fault of the parent who allowed the child to eat the dough.' I have received several calls and emails like the above over the last few days as the country has been ensnared once again in a nationwide recall – this time cookie dough – that has sickened at least 69 in 30 States – mostly people (girls) under the age of 18...
Who Poisoned the Cookie Dough?
Posted on June 27, 2009What if the cookie dough E. coli outbreak actually happened this way? At 10:00 PM last night between yet another story about Michael Jackson's death, a foreign Network begin airing a video taken inside a manufacturing facility showing someone treating a batch of cookie dough with an unknown liquid...
When Jane Zhang of the Wall Street Journal Weighs into Nestlé E. coli Cookie Dough Case Businesses and Government Need to Pay Attention
Posted on June 26, 2009I spent time yesterday visiting with a feisty '50 something' woman and her adoring husband in a Nevada hospital as she spent her 50th day hospitalized with severe complication of Hemolytic Uremic Syndrome from an E. coli O157:H7 infection linked directly to Nestlé Cookie Dough...
Nestle Cookie Dough Plant Inspection Reports - Click to Download
Posted on June 26, 2009Tip 'o the pen to WSJ.
It is Time to Fight For Food Safety Now
Posted on June 26, 2009Dear Food Safety Community, Legislation that would help FDA manage its food safety responsibilities is headed to the floor of the House. The bill has a HACCP-type system as its center piece. However, a small group, led by the Weston A. Price Foundation and other advocates of raw milk, are leading a very effective internet campaign to oppose the legislation...
69 Ill in 29 States with E. coli O157:H7 Linked to Nestle Toll House Cookie Dough - 34 Hospitalized - 9 with Hemolytic Uremic Syndrome
Posted on June 26, 200969 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 29 states. Of these, 46 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others...
Genetic Fingerprinting - PFGE and MLVA - Scientists Expand Testing Methodology to Distinguish Cookie Dough E. coli Illness Cases
Posted on June 26, 2009The CDC has confirmed that 69 people, ages 2 to 67, are linked to an E. coli O157:H7 outbreak linked to the consumption of refrigerated Nestle Toll House Cookie Dough. The links are both the food histories as well as the discovery of the outbreak strain of the E...
Culver City firm recalls alfalfa sprouts because of possible salmonella risk
Posted on June 25, 2009Alfalfa sprouts products sold in Southern California Gelson's and Whole Foods Market grocery stores were recalled today by the California Department of Public Health because of possible salmonella contamination. Mark Horton, director of the CDPH, warned consumers not to eat certain Kowalke Organics' alfalfa products with sell-by dates between June 18 and June 30...
Some PR Advise to Nestle - Pay the E. coli Victims Medical Bills and Lost Wages
Posted on June 25, 2009I know I sound a bit like a broken record asking yet another company to step up and admit they have a problem, pay the victims' medical bills and lost wages, and then focus on how the problem happened and how to prevent it from ever happening again. True, it will not completely prevent then from being sued to both uncover why the outbreak happened and to deal with the suffering of the victims and the need for possible future medical expenses that might well include life time monitoring, kidney dialysis and transplant, but it certainly will not hurt...
Orca Distribution May Have Repacked Recalled Salmonella Pistachios
Posted on June 25, 2009The Food and Drug Administration (FDA) has warned consumers not to eat two brands of pistachios repacked by Orca Distribution West Inc. of Anaheim, California. The brands are: * California Prime Produce * Orange County Orchards The pistachios may be contaminated with Salmonella, an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems...
Summons Issued in Second Nestles Toll House Cookie Dough E. coli O57:H7 Outbreak
Posted on June 24, 2009Food Poisoning Seems to Never Rest
Posted on June 24, 2009Still in Atlanta at the National Environmental Health Association Conference on my way home (or not) in a few hours. In between doing a mock deposition of a Health Inspector, I had time to talk to California, Minnesota and Oregon press about the state of Food Poisonings - specifically E...
Marler Clark Files Third Lawsuit in Nestle Toll House Cookie Dough E. coli Outbreak - Lawsuits Now in California, Colorado and Washington
Posted on June 24, 2009Cause No. C09-05337RBL
Civil Eats - Dear Mr. President and Secretary Vilsack Calling for Real Food Safety Reform: Bill Marler for FSIS
Posted on June 24, 2009Just Posted on Civil Eats Just when America thought it was safe to go back into the grocery store, another food outbreak wakes us up to the fact that there is something seriously wrong with our food safety system. This time it's Nestle Toll House cookie dough with E...
List of Nestles Toll House Cookie and Brownie Dough Products Voluntarily Recalled Because of E. coli O157:H7 Risk
Posted on June 24, 2009Nestlé Toll House Cookie & Brownie Dough Product Description Consumer Unit Code (UPC) COOKIE & BROWNIE DOUGH BAR Chocolate Chip bar 16...
JBS Swift Beef Company Recalls Ground Beef Products Due To Possible E. coli O157:H7 Contamination - Are There Illnesses Too?
Posted on June 24, 2009Recall Release CLASS I RECALL FSIS-RC-034-2009 HEALTH RISK: HIGH JBS Swift Beef Company, a Greeley, Colo., establishment is recalling approximately 41,280 pounds of beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today...
International Meat Co., Inc., Recalls Ground Beef Products Due To Possible E. coli O157:H7 Contamination
Posted on June 23, 2009Recall Release CLASS I RECALL FSIS-RC-033-2009 HEALTH RISK: HIGH International Meat Co., Inc., a Chicago, Ill., establishment is recalling approximately 6,152 pounds of ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today...
Colorado Child Sickened by E. coli Cookie Dough Files Lawsuit
Posted on June 23, 2009An E. coli lawsuit was filed today on behalf of a Denver-area child who became gravely ill with E. coli O157:H7 after eating refrigerated Nestle Toll House cookie dough. The lawsuit was filed on behalf of the family of Madison Sedbrook by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray...
CDC - 70 now Ill with E. coli O157:H7 Linked to Nestle Toll House Cookie Dough - 30 Hospitalized, 7 with Hemolytic Uremic Syndrome (HUS)
Posted on June 23, 2009According to the CDC, 70 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint (Pulsed Field Gel Electrophoresis - PFGE) have been reported from 30 states. Ill persons range in age from 2 to 65 years; however, 66% are less than 19 years old; 75% are female...
Lawsuit in E. coli Cookie Dough Outbreak Filed by Marler Clark
Posted on June 22, 2009A young woman who was hospitalized for seven days after eating raw cookie dough made by Nestle USA filed suit today against the company in California Superior Court, San Mateo County. The lawsuit was filed on behalf of 18-year-old Jillian Collins by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Terry O' Reilly of the San Mateo firm Reilly Collins...
First Lawsuit to be Filed in Nestle's Toll House Cookie Dough E. coli O157:H7 Outbreak
Posted on June 21, 2009Between speaking at the American College of Trial Lawyers in Minnesota on Friday, visiting on Saturday with a young dancer who now is confined to a wheelchair because of an E. coil O157:H7-tainted hamburger, and seeing an Ohio family today who lost their seven-year-old daughter to E...
Nestles has sickened at least 66 with E. coli O157:H7, with 25 hospitalized and 7 with Hemolytic Uremic Syndrome (HUS) - Nestles, pay the medical bills - Hell, that's what even the Cookie Monster would do
Posted on June 20, 2009The average E. coli O157:H7 victim without hospitalization will spend at least $1,000 in medical expenses and loose a week's wages. For those hospitalized, medical bills can run from $10,000 to $100,000 in a very short time period. Those families whose children develop HUS, bills can push well into $1M depending on the severity of the illness...
So, How the Hell Does Cow Shit (E. coli O157:H7) Get Into Nestles' Toll House Cookie Dough?
Posted on June 20, 2009I have been asked that questions several dozen times in the last 48 hours as this outbreak has mushroomed to nearly 70 in some 28 states with at least 25 hospitalized and 7 with HUS. So, how did this nasty bug get into such an "All-American" product? Here is the list of ingredients: E...
Multi-State E. coli Outbreak Linked to Nestle Toll House Raw Cookie Dough Underscores Funding Need
Posted on June 19, 2009An outbreak of E. coli O157:H7 that has sickened 66 people in 28 states points to the need for better funding for health surveillance, said food safety advocate and foodborne illness litigator William Marler. News of the E. coli outbreak was issued by the Colorado Department of Public Health and Environment (CDPHE), which said in its release that the link to Nestle Toll House raw cookie dough was strong enough to warrant a warning...
Colorado State Health Officials Urge Coloradans to Avoid Eating Raw Nestle Toll House Cookie Dough Products because of Possible Contamination with E. coli O157:H7
Posted on June 19, 2009DENVER--The Colorado Department of Public Health and Environment is urging Coloradans not to eat raw Nestle Toll House cookie dough because of possible contamination with E. coli O157:H7. Colorado state health officials, the CDC and several other state health departments are investigating an outbreak of E...
CDC releases information on the Nestle Toll House Cookie Dough E. coli Outbreak
Posted on June 19, 2009Two long days after word first surfaced about a multi-state outbreak of E. coli tied to raw cookie dough, the CDC has issued information detailing the illnesses. The CDC reports: CDC is collaborating with public health officials in many states, the United States Food and Drug Administration (FDA), and the United States Department of Agriculture Food Safety and Inspection Service (FSIS) to investigate an outbreak of E...
Nestle Toll House Prepackaged, Refrigerated Cookie Dough Linked to E. coli O157:H7 Illnesses - 25 Hospitalized, 7 with Hemolytic Uremic Syndrome (HUS)
Posted on June 19, 2009The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7. The FDA advises that if consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home that they throw them away...
List of Nestle Toll House Cookie Dough Recalled Products
Posted on June 19, 2009Click on below image to download complete list of recalled items due to E. coli O157:H7 contamination:
Nestlé USA's Baking Division Initiates Voluntary Recall of Toll House Cookie Dough Contaminated with E. coli O157:H7
Posted on June 19, 2009Tip 'o the hat to Nestlé USA's Baking Division for Initiating Voluntary Recall. From a Press Release: (SOLON, Ohio) – June 19th, 2009 – Nestlé USA's Baking Division is initiating a voluntary recall of Nestlé® TOLL HOUSE® refrigerated cookie dough products...
Yet Another Death of a Child Due to E. coli - This Time Eight-Year-Old Joseph Coning
Posted on June 18, 2009The Blount Daily Times reports on yet another death caused by E. coli O157:H7 and Hemolytic Uremic Syndrome (HUS) – this time it is eight-year-old Joseph Coning. I received an email tonight from his devastated family. Just a few weeks ago, seven-year-old Abby Fenstermaker died of E...
63 E. coli O157:H7 Illnesses in 26 States Linked to Nestle's Toll House Cookies?
Posted on June 18, 2009Over the last few weeks we have been investigating E. coli O157:H7 illnesses in several states. All seemed unconnected. However, common food items were uncooked Nestles Toll House Cookie Dough, Strawberries, Fruit Roll-ups and Ground Beef...
China International Food Safety and Quality Conference
Posted on June 16, 2009I have been invited back to Bejing for the China International Food Safety and Quality Conference.
Some People Have No Shame - Stewart Parnell Makes a Claim Against the Company He Drove into the Ground
Posted on June 16, 2009I was reviewing the 300 plus claims amounting to over $300,000,000 that companies and individuals have filed against the Peanut Corporation of America and found a claim for $601,506.96 by Stewart Parnell - No, really, the Stewart Parnell - the guy who took the 5th in front of Congress...
Marler Clark Is Updating www.fsis-pfge.org - Food Safety Inspection Services (FSIS) Pulse Field Gel Electrophoresis (PFGE) Patterns Online Since 2000
Posted on June 15, 2009Marler Clark is in the process of updating www.fsis-pfge.org through 2009. We have taken the initiative to publish this information in the hopes that it will provide assistance to government agencies - Federal, State and Local – as well as individuals, in ascertaining the source of E...
I try not to work all the time - mid-morning at Bainbridge Island Farmer's Market
Posted on June 14, 2009Oldest daughter was taking the SAT's, middle daughter we dropped at softball practice, so the youngest one and I went to the Farmer's Market - a big deal on the Island on a Saturday. We picked up some fresh strawberries (ours at home are not ripe), a couple more pepper plants and a bag of fresh spinach (I just planted some)...
Valley Meats recalled hamburger due to E. coli O157:H7 contamination AFTER illnesses were found in Ohio, Pennsylvania and Illinois - Why are we not all "Testing and Holding?"
Posted on June 14, 2009Valley Meats LLC, a Coal Valley, Illinois grinding plant recalled approximately 95,898 pounds of ground beef that might have been contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced in late May...
Yet Another Reason NOT to Poison Your Food Customers - Peanut Corporation Claims Top $200 Million
Posted on June 12, 2009Ray Reed of the Lynchburg News and Advance reported today that '[c]laims totaling $202 million had been filed Thursday against the Peanut Corporation of America in U.S. Bankruptcy Court in Lynchburg, as next Monday's deadline for filing claims approached...
Bar Date Extended to October 31, 2009 for Filing of Personal Injury Claims Against Peanut Corporation of America
Posted on June 12, 2009Federal judge extends deadline for Peanut Corp. salmonella claims
Another Great Charity - Art With Heart Helps Kids
Posted on June 12, 2009Art with Heart is a charitable 501c3 nonprofit organization that has helped over 41,000 children through the healing power of creativity. Our books and programs support the mental health of fragile populations at times of crisis, such as after a diagnosis of cancer, a natural disaster, or the tragedy of a school shooting...
US State Department Funds Clear Path International Programs in Vietnam & Cambodia - Marler Clark Matches Grants
Posted on June 11, 2009Sometimes when you do well, it is good to lend a hand. The U.S. Department of State's Office of Weapons Removal & Abatement has approved matching grants totaling $177,000 for Clear Path International's humanitarian mine action programs in Vietnam and Cambodia...
Paying for Michael Pollan - I need to write a book too!
Posted on June 11, 2009I spoke with Jerry Large of the last newspaper in Seattle still standing a few days ago (before the flight attendant pried my iphone out of my hand) for his column, 'Appetite lost for "The Omnivore's Dilemma" at WSU,' about the continued interest in my bailing out the WSU 'Common Reading Program' after it bought 4,000 of Michael Pollan's book, "The Omnivore's Dilemma,' and then canceled his campus trip due to costs...
Snow Creek Recalls Fresh Beef Trim Products Due to Possible E. coli O157:H7 Contamination - 75 Pounds - Really?
Posted on June 11, 2009Snow Creek Meat Processing, a Seneca, S.C., establishment is recalling approximately 75 pounds of fresh beef trim products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today...
FDA Needs More Resources To Oversee Food Safety According to Marler Clark Client
Posted on June 11, 2009NPR Joanne Silberner interviewed Peter Hurley, father of three-year-old Jacob Hurley, who was poisoned by Salmonella-tainted peanut butter for Morning Edition, June 10, 2009 ... Congress is taking the first step toward major changes in monitoring the safety of the nation's food supply...
CDC Date - Surveillance for Foodborne Disease Outbreaks in the United States, 2006
Posted on June 11, 2009CDC just today published its 2006 data on Foodborne Disease Outbreaks. Here is the Report - no wonder I have been so busy: Foodborne illnesses are a major health burden in the United States. Most of these illnesses are preventable, and analysis of outbreaks helps identify control measures...
Outbreak of E. coli O157:H7 Infections in Boulder County & other Denver-area Counties September-October 2008 Linked to Jimmy John's Restaurants
Posted on June 11, 2009Boulder County Public Health just published this report:
CDC Data - Surveillance for Foodborne Disease Outbreaks in the United States, 2006
Posted on June 11, 2009CDC just today published its 2006 data on Foodborne Disease Outbreaks. Here is the Report - no wonder I have been so busy: Foodborne illnesses are a major health burden in the United States. Most of these illnesses are preventable, and analysis of outbreaks helps identify control measures...
Food Poison Blog Takes on New Name - Food Poison Journal
Posted on June 10, 2009As readers of this Food Poison Blog know, a number of new authors have recently joined our contributor list. With all the new posts, Food Poison Blog began to look less like a blog, and more like a journal of news and notes on Food Poisoning. With that in mind, we have changed the title to Food Poison Journal...
American College of Trial Lawyers
Posted on June 10, 2009I have the honor to speak before the American College of Trial Lawyers next week on "How I do what I do." Click below to see my PowerPoint. I will also present my paper, Separating the Chaff from the Wheat: How to Determine the Strength of a Foodborne Illness Claim...
Snow Creek Meat Processing Recalling Beef Trim Products For Listeria
Posted on June 09, 2009Snow Creek Meat Processing, a Seneca, SC, establishment is recalling approximately 75 pounds of fresh beef trim products that may be contaminated with E. coli, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced Monday...
Marler on NOW on PBS - Tainted Food: How To Combat Food Poisoning in the U.S.
Posted on June 09, 2009I was asked to post some of my thoughts on food safety (or lack thereof) on the PBS NOW Series site. By William D. Marler, Esq. After a brief lull a few years ago, we're seeing a sweeping increase in outbreaks of Salmonella, E. coli and other foodborne contaminates...
Institute of Food Technologists' (IFT's) Annual Meeting - Hot Topic - Irradiation of Leafy Greens
Posted on June 09, 2009I am here at the Institute of Food Technologists' (IFT's) Annual Meeting in California to talk about Leafy Greens and Food Irradiation – Pros and Cons. In addition to the below PowerPoint, I will be handing out my DRAFT Publication 'Pros and Cons of Commercial Irradiation of Fresh Iceberg Lettuce and Fresh Spinach: A Literature Review' as well as my Law Partner, Denis Stearn's book chapter 'A Future Uncertain – Food Irradiation from a Legal Perspective...
Listeria Contamination in Raw Milk at Breese Hollow Dairy
Posted on June 08, 2009From A New York State Agriculture Press Release: New York State Agriculture Commissioner Patrick Hooker today warned consumers in the Hoosick Falls, New York area not to consume 'unpasteurized' raw farm milk from Breese Hollow Dairy due to possible Listeria contamination...
National Cattleman's Association has "Beef" with Food Safety Legislation
Posted on June 08, 2009Kate Ackley of Roll Call reports that "[t]he meat industry has a beef with food safety legislation that is making its way through the House Energy and Commerce Committee." The 'beef" seems to break down to industry costs: 'Right now, this is a bill we just don't support,' said Colin Woodall, executive director of legislative affairs for the National Cattlemen's Beef Association...
September 2008 Aunt Mid's Lettuce E. coli O157:H7 Outbreak Linked to Santa Barbara Farms
Posted on June 08, 2009On September 15, 2008, Ingham County Health Department (ICHD) was notified that nine students of Michigan State University (MSU) were seen in the emergency department over the weekend with gastrointestinal symptoms of abdominal pain, diarrhea, and bloody diarrhea...
Recipe For America by Jill Richardson
Posted on June 07, 2009Another book to read sitting on my office desk. This one, "Why of Food System is Broken and What We Can Do to Fix it," is another in a series of books taking a critical look at the safety and sustainability of our food supply. Jill Richardson (La Vida Locavore) has asked me to look it over before it goes final...
Food Inc. Trailer
Posted on June 07, 2009This movie will make you think twice (at least) about what we are eating. I am proud of Barb Kowalcyk (friend and former client) for both telling her family's story and fighting for justice.
Maine E. coli O157:H7 Illnesses Linked to National Cluster of Illnesses
Posted on June 05, 2009Maine CDC is investigating a cluster of 7 shiga toxin positive E. coli O157:H7 (STEC) cases in Cumberland and York counties that occurred among residents over the past month (case onset dates of April 17 to May 17). This is double the usual number of STEC cases reported this time of year (n=3)...
Settlement Reached in hemolytic-uremic syndrome (HUS) Case Linked to Multistate Outbreak of E. coli O157:H7 Infections from November-December 2006
Posted on June 05, 2009This outbreak was clearly linked to lettuce served in Taco Bell restaurants in the northeastern United States. As of December 14, 2006, Thursday, 71 persons with illness associated with the Taco Bell restaurant outbreak have been reported to CDC from 5 states: New Jersey (33), New York (22), Pennsylvania (13), Delaware (2), and South Carolina (1)...
New York and Oregon Firms Recall Ground Beef Products Sent to Oregon, Washington and New York Due to E. coli O157:H7
Posted on June 03, 2009It is not 5:00 AM and I am on my way to the airport in Seattle (again) heading to New York for a speech to Excess Insurance Executives. FSIS just released another recall of meat. It appears this time it is BEFORE people were sickened. So much for test and hold...
Michael Pollan - In Defense of Food
Posted on June 03, 2009So, I am adjusting to my new role as "protector of academic freedom and the First Amendment." I am also relishing my role as Michael Pollan's unwanted PR guy. Just boarded the plane to NYC and could not find my kindle (needed to read a weeks of unread New York Times), so I picked up Mr...
VTEC 2009 Buenos Aires Combatting E. coli and Hemolytic Uremic Syndrome (HUS)
Posted on June 03, 2009It is testament to the notoriety of toxin producing E. coli that it's the only bacteria that commands an international conference every three years at spots around the world. That's what happened recently in Buenos Aires when the world's leading researchers, medical doctors, and epidemiologists with an interest in toxigenic E...
Robyn O'Brien - The Unhealthy Truth
Posted on June 02, 2009I had a quick meeting in my office this morning and got a signed book by author, Robyn O'Brien. I am heading to New York and Atlanta, so will have some time in the air to read it. Her book, according to several glowing reviews lays out the "alarming food scare has been building for years, rarely reported and often dismissed as too "radical" to be true: Is there a link between the dramatic rise in childhood allergies and our increasingly "engineered" approach to food production?" I look forward to the read...
Ban of Non-therapeutic Antibiotics in Animals, Recall Authority and Plant Closure Power - Senator Florez had Me at Antibiotics.
Posted on June 02, 2009Sometimes we want our politicians to be so perfect when we are not, and we fail to see the mistake of making perfect the enemy of good. I have my differences with Senate Majority Leader Dean Florez (D-Shafter) on raw milk, but on most issues (probably 90%) I bet we see eye to eye...
These Little Piggies are not going to Market (Mass-Produced anyway)
Posted on June 01, 2009Perhaps mass-produced agriculture is here to stay given the ever increasing world population. But, more and more people (who can afford to) are giving up on that system to one that they control. Government policy makers and Industry CEO's should pay attention...
Marler Local Garden
Posted on May 30, 2009South View - Eagle Harbor with tomatoes, peas, beans, lettuce, spinach, carrots, beets, strawberries, peppers and corn. North View This is our second year with this garden. I grew up with a big garden and cows, horses, pigs, sheep, chickens, turkeys, rabbits and a few too many cats and dogs...
End of Pollan Book Controversy - Omnivore's Dilemma to be read on WSU Campus
Posted on May 29, 2009All things turn out OK sometimes: New York Times - For Personal-Injury Lawyer, Michael Pollan's Book Is Worth Fighting For The Chronicle of Higher Education - Washington State U. Reinstates 'The Omnivore's Dilemma' as Common-Reading Choice The Daily Evergreen - The Donation revives Common Reading Seattle Business Journal - E...
H.R. 759 Food Safety Enhancement Act of 2009 - Food Safety Legislation - Good or Bad for Small, Sustainable, Organic, Locavores?
Posted on May 29, 2009There has been much in the way of worry by farmers, especially the small, sustainable, organic, locavores about the new food safety legislation. I have read the latest version of the draft H.R. 759 and here are some thoughts on its impact on small farmer/producer/manufacturers, as well as some other thoughts...
H.R. 759 Food Safety Enhancement Act of 2009 - Will It Make our Food Safer?
Posted on May 29, 2009'As evidenced by the recent widespread contamination's in our food supply, including E. coli in spinach, Salmonella in peppers, and the most recent outbreak of Salmonella in peanut butter, it is clear that we must act now.' These were the words used by Representative Frank Pallone, Jr...
Is There an E. coli O157:H7 Outbreak Linked to Michigan and Minnesota Linked to Lettuce from the Salinas Valley - Again?
Posted on May 28, 2009E. coli O157:H7 outbreaks associated with lettuce or spinach, specifically 'pre-washed' and 'ready-to-eat' varieties, are by no means a new phenomenon. By way of illustration: - In October 2003, thirteen residents of a California retirement home were sickened, and two people died, after eating E...
So, What Does $15.98 Per Gallon and Some Warning Labels Buy You? You Guessed it - Raw Milk that May Contain Pathogens that Can Kill You.
Posted on May 28, 2009So, what are adequate consumer warnings on bottles of Raw Milk? What if you contrast it to blog posts and videos by the manufacturer touting the miraculous benefits of Raw Milk? What about the endorsements by Weston Price (goodness - exposure to liability there)? Raw Milk, like any food product - If a manufacturer wants to hide from liability with a defense of adequate warning or the consumer should have known better, the manufacturer (and organizations like Weston Price) better watch what they write or say...
New butter flavoring for popcorn and other food products may be no safer than the lung-injuring diacetyl it replaces
Posted on May 28, 2009Andrew Schneider over at www.andrewschneiderinvestigates.com allowed me to co-post this great story. Scientists worry that the 'new,' 'completely safe' butter flavoring used on popcorn and in other foods may be as dangerous as the lung-destroying chemical, called diacetyl, that it replaced...
Washinton State University - A place where speaking your mind is encouraged - Michael Pollan will be coming.
Posted on May 27, 2009I knew it was the economic pressures that public education is facing and not any political pressure that caused the change in the reading of Omnivore's Dilemma and Michael Pollan's visit to Pullman. The WSU I graduated from and served, would not bend to that kind of small mindlessness...
Should WSU Invite Michael Pollan to talk about "The Omnivore's Dilemma?"
Posted on May 27, 2009I posted my thoughts over at Daily Kos and put up a Poll. Click on the below and join the discussion:
Organic Pastures Raw Milk Warnings - Real or Imaginary? Does it Tell You That it Might Contain E. coli, Listeria or Campylobacter?
Posted on May 26, 2009I spend a lot of time trying to convince companies why it is a bad idea to poison their customers - either suing them through Marler Clark or educating them through Outbreak Inc. Educating consumers is also something we all need to do for ourselves...
Fundraiser for Ohio Child who Died from E. coli Complications - Abigail Fenstermaker Memorial Fundraiser
Posted on May 26, 2009Abigail Fenstermaker's family is asking for help, after their 7-year-old died from E. coli complications last week. A fundraiser is being held on Abby's behalf on Friday, May 29th from 7 - 11 p.m. It will take place at The Clevelander, 834 Huron Rd...
Washington State University - Say It Isn't So. Hey, Michael Pollan, I'll Pay Your Way to Pullman
Posted on May 26, 2009Let me put this in context. I am a 'Coug' - through and through. I went to Washington State University, getting degrees in Political Science, Economics and English in 1982. I served four years on the Pullman City Council (first student, and at 19, the youngest ever)...
The Alexandre Eco Farms Dairy Raw Milk Campylobacter Outbreak
Posted on May 26, 2009I. THE OUTBREAK On October 2, 2008, the California Department of Public Health (CDPH) issued a report linking an outbreak of Campylobacter illnesses to unpasteurized milk from Alexandre Eco Farms Dairy. The report was the result of an investigation commenced on July 14, 2008, when Dr...
E. coli Outbreaks, Illnesses, Deaths and Litigation in Ohio Since 1999
Posted on May 24, 2009KFC E. coli Outbreak – Ohio - 1999 In late July of 1999, Ohio public health officials began receiving reports that patients at local hospitals were suffering from E. coli O157:H7 infections. By August 2, 1999, fifteen cases had been confirmed, and through investigative interviews the Ohio Department of Health learned that eleven of those fifteen people had eaten foods purchased from KFC restaurants in southwestern Ohio counties in the week before becoming ill...
Food Safety Speaking Tours in the Last Year - No wonder I have so many frequent flyer miles!
Posted on May 24, 2009Over the last several years, other members of the firm and I spend nearly as much time speaking out on safe food as we do litigating food poisoning cases. Here is a partial list of places I have been in the last several months. In part we try and explain how and why we do what we do and to convince companies why it is a bad idea to poison your customers...
Wannabe California Lieutenant Governor Florez has Time to Suck Teat of Raw Milk?
Posted on May 23, 2009California's budget is a mess - what a minus $20B or so? And, Senator Florez has time to write a letter to beat up on public servants who are doing their job trying to protect the public? (click on above) - Perhaps Senator Florez should do his job and protect the public from the sale of raw milk?
Sixteen Years of E. coli O157:H7 Litigation
Posted on May 23, 2009Since the Jack in the Box E. coli Outbreak of 1993, I have been involved in every E. coli Outbreak and have represented the most seriously injured cases. There have been far too many deaths. * AFG / Supervalu E. coli Outbreak - Minnesota * AgVenture Farms Petting Zoo E...
The E. coli O157:H7 Bacteria and Hemolytic Uremic Syndrome (HUS)
Posted on May 23, 2009The E. coli O157:H7 Bacteria E. coli O157:H7 is one of hundreds of strains of the bacterium Escherichia coli. Most strains of E. coli are harmless and live as normal flora in the intestines of healthy humans and animal. The E. coli bacterium is among the most extensively studied microorganism...
Settlement in Hemolytic Uremic Syndrome (HUS) Case Linked to 2007 E. coli O157:H7 Outbreak
Posted on May 23, 2009In the first major hamburger recall since 2002, on June 9, 2007, United Food Group voluntarily expanded its June 3 and 6 recalls to include a total of approximately 5.7 million pounds of both fresh and frozen ground beef products produced between April 6 and April 20 because it was contaminated with E...
Ohio E. coli O157:H7 Illnesses and Death Appears Linked to Cleveland Restaurant and VFW Hall
Posted on May 23, 2009Harlan Spector of the Cleveland Plain Dealer reported this morning that: Last week, his [Cleveland Department of Health] department inspected Deekers Side Tracks in Mentor after an illness was reported. In all, four cases have surfaced in the Cleveland area...
UPDATE - Was Valley Meats (or at least the plant) Linked to THREE Prior E. coli O157:H7 Outbreaks and Recalls?
Posted on May 22, 2009Yesterday the FSIS announced that Valley Meats LLC, a Coal Valley, Illinois meat establishment (USDA EST. 5712) recalled approximately 100,000 pounds of ground beef products that are likely contaminated with E. coli O157:H7 after illnesses linked to the hamburger were reported in Pennsylvania, Ohio and Illinois...
FDA Found Numerous Violations at Setton Pistachio Plant Linked to Salmonella
Posted on May 22, 2009In a 483 Inspection Report released today, FDA inspectors identified multiple food-safety shortcomings at the Setton Pistachio of Terra Bella California that was linked to a Salmonella outbreak earlier this year: 1. The company detected the bacteria in roasted pistachios in October but did not change its processing procedures until March 2...
Outbreak of E. coli O157:H7 Linked to Valley Meats in Ohio, Pennsylvania, and Illinois Spurs Ground Beef Recall
Posted on May 21, 2009E. coli O157:H7 illnesses in Ohio, Pennsylvania, and Illinois have led health investigators to ground beef produced by Valley Meats, LLC of Coal Valley, IL. The company has initiated a recall of 95,898 pounds of ground beef product that is possibly contaminated with E...
E. coli O157:H7 Illnesses in Ohio, Pennsylvania, and Illinois Linked to Hamburger Produced by Valley Meats
Posted on May 21, 2009FSIS announces the first CLASS I RECALL after E. coli O157:H7 illnesses linked in Ohio, Pennsylvania, and Illinois of the season - more to follow? ILLINOIS FIRM RECALLS GROUND BEEF PRODUCTS DUE E. COLI O157:H7 CONTAMINATION Valley Meats LLC, a Coal Valley, Ill...
Girl Dies From E. coli O157:H7 in Cleveland - Likely Linked to Other E. coli O157:H7 illnesses in Ohio, Pennsylvania, and Illinois Linked to Hamburger Produced by Valley Meats
Posted on May 21, 2009The Cleveland Ohio Health Department said moments ago that a 6 or 7-year-old girl died from E. coli O157:H7 last weekend and that the death (likely due to Hemolytic Uremic Syndrome) appears linked to E. coli O157:H7 illnesses in Ohio, Pennsylvania, and Illinois that have led FSIS and CDC health investigators to ground beef produced by Valley Meats, LLC of Coal Valley, Illinois...
Institute of Food Technologists' Annual Meeting - Hot Topic - Irradiation of Leafy Greens
Posted on May 21, 2009I'm heading to the Institute of Food Technologists' Annual Meeting in California in a few weeks to talk about Leafy Greens and Food Irradiation – Pros and Cons. In addition to the below PowerPoint, I will be handing out my DRAFT Publication 'Pros and Cons of Commercial Irradiation of Fresh Iceberg Lettuce and Fresh Spinach: A Literature Review' as well as my Law Partner, Denis Stearn's book chapter 'A Future Uncertain – Food Irradiation from a Legal Perspective...
Food Fight - Insurance Issues in Food Poisoning Cases
Posted on May 20, 2009I am off to New York in the next few weeks to meet the the Excess/Surplus Lines Claims Association and Federation of Defense & Corporate Counsel to sit on a panel of folks discussing insurance issues and how they relate in food poisoning claims. I am going to open with a few slides on an overview of strict product liability law...
E. coli O157:H7, the Impact and the Prognosis Features of Hemolytic Uremic Syndrome (HUS)
Posted on May 18, 2009Overview of Medical Impacts of E. coli O157:H7 After a susceptible individual ingests a sufficient quantity of E. coli O157:H7, the bacteria attach to the inside surface of the large intestine and initiate an inflammatory reaction. This reaction is believed to be due to chemicals secreted by the bacteria, and results in the bloody diarrhea and abdominal cramps characteristic of the intestinal illness...
Kidney Transplant Complication Post-Acute Hemolytic Uremic Syndrome (HUS)
Posted on May 17, 2009Adolescents and young adults with chronic kidney disease face a number of complications from their chronic kidney disease failure including alterations in calcium and phosphate balance and renal osteodystrophy (softening of the bones, weak bones and bone pain), anemia (low blood count and lack of energy), hypertension (high blood pressure) as well as other complications...
It is Spring in Paris - It must be time to recall Salmonella Cantaloupe in the United States
Posted on May 15, 2009I just finished a day at the Louvre, walking along the Seine and trying to find the French I learned in college, as I ordered a meal with my daughter at a cafe on a busy avenue. I then was brought back to what Spring is really all about - another Cantaloupe recall due to Salmonella...
"Blaming The Victim" Strategy Remains In Food Industry's Playbook
Posted on May 14, 2009We do not want to be accused of speaking ill of America while being on foreign soil, but we are still trying to read the New York Times daily and today's story titled "Increasingly, Food Companies Cannot Guarantee Safety" by Michael Moss makes it clear that the U...
VTEC Conference - E. coli O157:H7 and other STEC's and VTEC's
Posted on May 13, 2009Bruce Clark, my law partner and Patti Waller, my Epidemiologist, were in Argentina this week. The conference topics were: - STEC/VTEC epidemiology from around the world - Reservoirs. Sources and routes of transmission - Pathogenesis. Host response to STEC/VTEC infections...
French Food Safety News - Carrefour in Court for Labeling and Food Safety Issues
Posted on May 12, 2009I am going to take a side trip to Paris for a couple of days after the Food Safety Conference here in London and the news that French supermarket giant Carrefour has been accused of violating a number of regulations related to the labeling and food safety of meat products caught my eye...
Royal Institute of Public Health
Posted on May 12, 2009One of the "good news, bad news" of sleeping few hours at odd times is that jet lag has very little impact on you. It is 11:36 PM here in "jolly olde England" and 3:26 PM in Seattle, Folks at the office are about to head to the Starbucks (they are on every block here in London)...
Safe Food at the House of Lords
Posted on May 12, 2009I had dinner tonight with Lord Soulsby of Swaffham Prior and a dozen others, including my 14 year old daughter Olivia, in one of the House of Lords dining chambers. The whole place reminded me a bit of Hogwarts out of Harry Potter. The food below was adequate, not fancy, but likely safe, as most of the ministers and professors had something to do with food safety...
Marler, Honored, Blessed, Hard Work or Just Damn Lucky?
Posted on May 10, 2009Poor Bill Baldwin of Forbes – his Editorial 'Needed: Tort Lawyers' in this week's Forbes – has been printed and reprinted on other lawyer blogs and websites to tout their bona fides as food lawyers. Funny thing, all of them missed this part of Mr...
Michelle Obama and Staff Go for Burgers - Inspection Reports Not Online
Posted on May 09, 2009A few days after the President and Vice President ordered and ate burgers in Arlington Virginia, the First Lady and her staff ate burgers at Good Stuff Eatery, 303 Pennsylvania Ave. SE, Washington, DC 20003. Unlike with the President's burger binge, the First Lady's was not caught on video nor was the 'doneness' of her burger reported...
I Put a Number of My Favorite Food "Gross-Out" Stories Over at www.foodpoisonblog.com
Posted on May 09, 2009Over the years we have heard of too many food "gross-out" stories to recall them all. Honestly, we have taken on none of them as clients. I posted several of my favorites over at www.foodpoisonblog.com. However, this one is by far my favorite (click below to download):
In the Footsteps of John Snow, MD
Posted on May 09, 2009Off to London Sunday and plan to revisit the site of what many consider to be the birth of Epidemiology – SOHO, the Broad Street Pump and the works of Dr. John Snow, who in 1854 determined that the cholera outbreak sweeping the area was related to the water coming from the Broad Street Pump...
The Community Summary Report on Food-Borne Outbreaks in The European Union in 2007
Posted on May 08, 2009I am heading to London Sunday for a series of lectures on food safety and just in time the EU put out its report on foodborne diseases for 2007. Full report - Here. In total, 5,609 food-borne outbreaks were reported by MSs in 2007 that is a slight decrease of 2...
William D. Marler - Speech Before the House of Lords dinner, May 12, 2009 - How one Peanut Company caused $1.5 Billion in Losses: The story of PCA
Posted on May 08, 2009The recall of Salmonella-tainted peanuts and peanut products processed and produced by the Peanut Corporation of America has caused one of the largest food recalls in US history; almost 4000 products made by hundreds of companies have been withdrawn, and the number is still growing...
William D. Marler, Esquire - Speech Before the House of Lords dinner - How one Peanut Company caused $1.5 Billion in Losses
Posted on May 08, 2009The recall of Salmonella-tainted peanuts and peanut products processed and produced by the Peanut Corporation of America has caused one of the largest food recalls in US history; almost 4000 products made by hundreds of companies have been withdrawn, and the number is still growing...
I Thought Obama Liked the Press? So, Why Did He Order Their Burgers Not Cooked?
Posted on May 07, 2009OK, I promise to stop blogging about the "obamaburger heard around the world." So, why did Obama order his and Joe's burgers medium well (arguably cooked) and ordered the press's medium (clearly undercooked)? Also, can anyone find a thermometer?
Obama Eating A Burger - A "Teachable Moment" in Food Safety
Posted on May 07, 2009So, what is the big deal? President Obama ordered a medium-well burger for himself and the VP, and ordered medium burgers for the press – in a restaurant with a spotty food safety record that does not use, or may not even have, a thermometer. Forgoing the phrase 'teachable moment' for a bit, I would like to get right to the 'meat' of the matter...
CDC Reports Outbreak of Salmonella Serotype Saintpaul Infections Associated with Eating Alfalfa Sprouts
Posted on May 07, 2009From the MMWR Today - Since February 1, a total of 228 cases have been reported from 13 states: Nebraska (110 cases), Iowa (35), South Dakota (35), Michigan (18), Kansas (eight), Pennsylvania (seven), Minnesota (five), Ohio (three), Illinois (two), West Virginia (two), Florida (one), North Carolina (one), and Utah (one) (Figure 2)...
Mr. President, Eating an Undercooked E. coli O157:H7-Tainted Hamburger Could Have Resulted in Hemolytic Uremic Syndrome
Posted on May 07, 2009As much as any other victim of the 2006 Dole Spinach Outbreak, Suzanne Bandy's case is about the staggering contrast between past and present. When asked for her thoughts, Suzanne wrote of her first 57 years: 'very simply, my life embodied the American Dream...
American Food Safety Advocate and Attorney William Marler to Address Conference of Canadian Health Inspectors
Posted on May 06, 2009I am working on revising my keynote address to the 75th annual gathering of the Canadian Institute of Public Health Inspectors in the morning. Below is the PowerPoint. The embedded videos (and others) can be found HERE People ask me why I do these speeches (for free) to governments in the US, Canada, China, Australia and England...
Obama Orders and Eats a Medium Well Burger - Did it have E. coli O157:H7 in it? What was the Internal Temperature? Is he going to Die?
Posted on May 06, 2009I made it to Canada today on a planeload of tourists wearing masks (not clear whom they are protecting) to give the Keynote Address to the 75th annual gathering of the Canadian Institute of Public Health Inspectors Wednesday morning. Checking in at the Lodge at Kananaskis (where it is snowing), a nice inspector (aren't all Canadians nice?) came up to me and introduced himself...
Ray's Hell Burger, a.k.a. Butcher Burger, 1713 Wilson Blvd., Arlington, VA, Home of the now Eaten "Obama Burger" had Critical Food Safety Violations
Posted on May 06, 2009Being that I can nearly see Alaska from my Hotel Room here in Canada, a loud 'shout out' to Stephen Leary and the folks at Barf Blog for checking into the food safety record of Ray's Hell Burger, a.k.a. Butcher Burger, 1713 Wilson Blvd., Arlington, VA – AFTER the President ate there...
Salmonella Sprout Lawsuit Linked to Sprouts and Seeds
Posted on May 06, 2009Today we amended our complaint on behalf of 'Daniel Krim, 49, [who] became ill after eating alfalfa sprouts on a turkey sandwich he purchased from a La Vista restaurant in late February. His flu-like symptoms worsened, forcing him to go to the emergency room at Midlands Hospital in Papillion...
Cinco de Mayo - Lou Dobbs favorite Holiday? Foodborne Illness Outbreaks Linked to Mexican-Styled Restaurants and Products
Posted on May 05, 2009My guess is that Cinco de Mayo is Lou Dobbs favorite holiday. I know, he seems to make such a big deal about those damn "illegal immigrants," but he knows that you can count on one hand how many foodborne illness outbreaks have been caused by Mexican, or for that matter any foreign food product...
Dr. Richard Besser (acting head of CDC), Swine Flu (H1N1), E. coli O157:H7, Apple Cider and Bill Marler have what in Common?
Posted on May 05, 2009OK, it is 2:00 AM and the power is out after a wind a rain and storm on Bainbridge Island. Fortunately, my laptop has batteries and I have a wireless card. I am also wondering where my passport is since I leave for Canada in 12 hours. But, hopefully the morning will find it – somewhere...
New York Firm Recalls Ground Beef Products Due To Possible E. coli O157:H7 Contamination
Posted on May 05, 2009FSIS announced this evening that Alex & George Wholesale, Inc., a Rochester, New York firm, is recalling approximately 4,663 pounds of ground beef products because they may be contaminated with E. coli O157:H7. The following products are subject to recall: * 10-pound poly bag of "A & G Brand BULK GROUND BEEF" * 10-pound poly bag of "A & G Brand 'HOT SAUCE' SPECIAL BLEND" * 25-pound poly bag of "A & G Brand BULK GROUND BEEF" * 30-pound poly bag of "A & G Brand BULK GROUND BEEF" * 10-pound case of (3-1) "A & G Brand GROUND BEEF PATTIES" * 10-pound case of (5-1) "A & G Brand GROUND BEEF PATTIES" * 10-pound case of "A & G Brand 'Homestyle Press' GROUND BEEF PATTIES" * 10-pound case of (6-1) "A & G Brand GROUND BEEF PATTIES" * Cases containing 48, 4...
Marler Clark Clients Take Capitol Hill - www.makeourfoodsafe.org
Posted on May 04, 2009Bill, Lindsey will be sending you her perspective also. Click Here. What an experience! The energy, spirit and determination of all of these people that united for one common cause was evident the minute we walked into the hotel. Victims, lobbyists, consumer advocacy groups, all with one mission…help make our food safe...
More Feedback from Marler Clark Clients After Visiting Washington DC
Posted on May 04, 2009Bill, I loved being a part of the Lobby Day for food safety. Thanks for passing my name along to be a part of it. I've written a few thoughts if you want to post it. I'm looking forward to continue to fight. April 29, 2009 was a significant day for President Obama as it marked his 100th day in office...
GMA Foodborne Illness Litigation Conference
Posted on May 04, 2009On May 7, Denis Stearns will be making a presentation in New Orleans at the GMA Foodborne Illness Litigation Conference. The title of his presentation is Lessons Learned Recent Outbreaks and Recalls, with a subtitle of 2007-2008, The Salmonella Years & The Lessons We Learned...
Man Infects Pigs with Swine Flu - Errr - H1N1 Virus
Posted on May 03, 2009The WHO reports this morning that a farm worker in Canada has infected a herd of pigs with swine flu, the first documented case of the virus being passed from humans to animals. The herd of pigs tested positive for the H1N1 virus after the worker returned from Mexico with the disease...
Settlements in E. coli O157:H7 Cases
Posted on May 02, 2009On October 22, The General Communicable Disease Control Branch (GCDC) of North Carolina was contacted by a guest and family member of the bride to report an outbreak of gastroenteritis caused by E. coli O157:H7, associated with a catered wedding reception held in Raleigh on October 13, 2007...
Hepatitis A Lawsuits Settled
Posted on May 02, 2009In late April 2008, San Diego County health officials announced that a number of Hepatitis A (HAV) infections had been traced to a Chipotle Grill restaurant in La Mesa, California, near San Diego. Officials advised customers who had eaten at the restaurant between March 1 and April 22 that they might be at risk for infection...
E. coli O157:H7 Litigation Linked to Hamburger Settled
Posted on May 01, 2009In June of 2007, United Food Group, LLC (UFG) recalled 5.7 million pounds of ground beef products after a joint investigation into an E. coli O157:H7 outbreak by Colorado and California health officials in conjunction with the Centers for Disease Control and Prevention (CDC) led to the conclusion that UFG ground beef was the source of the outbreak...
FDA Botulism Report - Castleberry's Canned Chili
Posted on May 01, 2009On July 7, 2007, the Centers for Disease Control and Prevention ('CDC') learned that two siblings in Texas were critically ill with botulism and that their illnesses were likely acquired by eating contaminated food. Four days later on July 11, public health officials in Indiana reported to the CDC that a married couple in Indiana were suspected of having foodborne botulism...
The Last of the Salmonella Serotype I 4,5,12:i:-* Pot Pie Cases Settled
Posted on May 01, 2009In 2007 Public health officials from several states collaborated to determine the source of the outbreak, and the Centers for Disease Control and Prevention (CDC) officially announced that a Salmonella serotype I 4,5,12:i:-* outbreak had been traced to the consumption of ConAgra pot pies on October 9th...
"Market Withdraw" of Italian Alfalfa Seeds Distributed by Caudill Seed Company Linked to Salmonella Sprouts Outbreak
Posted on May 01, 2009I think a "Market Withdraw" is like being "a little pregnant." But, it is not a Recall - or, is it? The FDA just reported that preliminary epidemiology regarding the ongoing outbreak of illness from Salmonella Saintpaul in people who had eaten alfalfa sprouts was shared with the supplier of the seeds associated with illness...
Investigation of an Outbreak of Salmonella Saintpaul Infections Linked to Raw Alfalfa Sprouts - Whose Seeds are They? Why No Recall Of Seeds?
Posted on May 01, 2009The CDC reports that since mid-March, 35 persons infected with the outbreak strain of Salmonella Saintpaul have been reported from 7 states. The number of ill persons identified in each state is as follows: Michigan (17), Minnesota (4), Ohio (3), Pennsylvania (6), South Dakota (2), Utah (1), and West Virginia (2)...
National Environmental Health Association Annual Educational Conference
Posted on April 30, 2009NEHA is having its Annual Education Conference in Atlanta June 21 through 24. Click below for brochure: I will be speaking at some point, so making your way to Atlanta is worth it. A bit about NEHA: NEHA's Origin The National Environmental Health Association (NEHA) had its origins in the state of California where it was incorporated in 1937...
Salmonella-tainted Pudding Linked to New Hampshire Mixer
Posted on April 30, 2009New Hampshire state health officials say a mixer used to make pudding was the source of salmonella that sickened children at a camp in Madison this month. The Stone Environmental Camp voluntarily closed last week, and is looking forward to reopening, now that the source has been identified...
Since Stewart Parnell Got the Boot - Peanut Standards Board nominations - USDA AMS is seeking nominations for terms of office ending June 30, 2011, and June 30, 2012.
Posted on April 30, 2009For those who have forgotten, after Stewart Parnell, former President of the Peanut Corporation of America, was booted as a Board member of the Peanut Standards Board, a vacancy arose. My suggestion for a replacement - ME! More information below: Organization: USDA Agricultural Marketing Service (AMS) Summary: The Farm Security and Rural Investment Act of 2002 requires the Secretary of Agriculture to establish a Peanut Standards Board for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts...
Salmonella Lawsuit to be Filed Amid Continuing Outbreak Linked to Sprouts
Posted on April 30, 2009We will be filing yet another lawsuit stemming from a multi-state outbreak of Salmonella-tainted sprouts was filed today in the Tenth District Court for Sarpy County, Nebraska. Bellevue resident Daniel Krim, one of 121 people sickened in the February-March 2009 outbreak...
Another Day of Emails, Lawsuits and Blogging - The Life of a Lawyer
Posted on April 30, 2009It is sunny and nearly 70 here in Seattle - Shhh, don't tell anyone. I was heading to the ferry to go home and decided to finish up some emails. Here is one I just got from someone that I kindly declined to help: I have in my posession a plastic bag of salt that i purchased here in walnut creek that made me extremly ill...
Petting Zoos - Still Dangerous - E. coli O157:H7
Posted on April 30, 2009I was reading the CDC's MMWR article – 'Outbreak of Shiga Toxin--Producing Escherichia coli O157 Infection Associated with a Day Camp Petting Zoo --- Pinellas County, Florida, May--June 2007' and it struck me how humans seem nearly incapable of learning for the past...
Wisconsin Warns of Salmonella Spinach in Wisconsin and Illinois
Posted on April 30, 2009Wisconsin officials are recommending residents throw away bags of spinach distributed by a Milwaukee food processor after some tested positive for salmonella. The Wisconsin Department of Agriculture, Trade and Consumer Protection says consumers should discard 10-ounce bags of Kleen-Pak curly-leaf fresh spinach with use-by dates of April 29, April 30 and May 1...
On A Day That Others Are Walking the Halls of Congress for Food Safety, Ruby is There in Spirit.
Posted on April 30, 2009Ruby would have liked to have been there too. Her daughter, son-in-law and grandchildren stood up for Ruby by suing the companies whose E. coli O157:H7 product took her life long before her time. This is yet another video of another victim of the "safest food supply in the world...
Marler Clark - Past and Present Clients off to Washington DC to Lobby on Behalf of Safe Food.
Posted on April 29, 2009Many of our past and present clients are in Washington DC today lobbying on behalf of all of us to get congress to pass meaningful food safety legislation. Lindsey and Michael Jennings (MI) – Lindsey became ill in 2008 in the Aunt Mids E. coli O157:H7 Outbreak linked to lettuce grown in California...
CDC - Investigation of an Outbreak of 35 Salmonella Saintpaul Infections Linked to Raw Alfalfa Sprouts in Michigan (17), Minnesota (4), Ohio (3), Pennsylvania (6), South Dakota (2), Utah (1) - Manufacturers, Suppliers, Restaurants, Grocery Stores Unnamed
Posted on April 28, 2009CDC is collaborating with public health officials in many states and the United States Food and Drug Administration (FDA) to investigate a multistate outbreak of human infections due to Salmonella serotype Saintpaul. Since mid-March, 35 persons infected with the outbreak strain of Salmonella Saintpaul have been reported from 7 states...
My Daughter - First Woman President? - At Her High School Anyway
Posted on April 27, 2009The campaign for Student Body President is in full swing at Bainbridge Island High School. If elected, Morgan will be one of the first female presidents. I'll post on the election outcome.
16 Years After Jack in the Box E. coli O157:H7 Outbreak, Brianne Kiner's Story is Still Hard to Watch
Posted on April 27, 2009In 1993, Jack in the Box suffered a major foodborne illness outbreak involving E. coli O157:H7 bacteria. Four children died of hemolytic uremic syndrome (HUS), hundreds were hospitalized and 600 others were reported sick after eating undercooked patties contaminated with fecal material containing the bacteria at locations in California, Washington, Idaho and Nevada...
Its Been 16 Years Since the Jack in the Box E. coli O157:H7 Outbreak and Brianne Kiner's Story is Still Hard to Watch
Posted on April 27, 2009In 1993, Jack in the Box suffered a major foodborne illness outbreak involving E. coli O157:H7 bacteria. Four children died of hemolytic uremic syndrome (HUS), hundreds were hospitalized and 600 others were reported sick after eating undercooked patties contaminated with fecal material containing the bacteria at locations in California, Washington, Idaho and Nevada...
Thirty-Three Sprout Linked Outbreaks Since 1990 Sicked 2,166
Posted on April 26, 2009Ben Chapman, over at Bites, published a very complete list of Sprout Outbreaks Since 1990. Since 1990, raw or slightly cooked sprouts have caused an estimated 2,166 illnesses, through 33 outbreaks (actually - 37 outbreaks, 2,273 illnesses). The U.S. Food and Drug Administration estimates that sprout-link outbreaks account for 40 per cent of all food-borne illness associated with produce...
DO NOT EAT SPROUTS - FDA Tells Consumers on a Sunday Afternoon - Michigan, Minnesota, Pennsylvania, South Dakota, Utah, and West Virginia Implicated
Posted on April 26, 2009The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention announced today not to eat raw alfalfa sprouts, saying they may be contaminated with Salmonella. The contamination appears to be in seeds so washing the sprouts may not help, the FDA said in a statement...
Forbes Editor Champions Tort Plaintiffs Lawyers - ABA Reprints
Posted on April 25, 2009Spoke with Sarah Randag of the ABA last evening after she "shouted out" the Forbes editorial giving a "tip o' the hat" to what I do. Generally, the ABA tends to look down on the lawyers that represent victims, so perhaps there is a positive trend here? Editor William Baldwin calls attention to an epidemic in a commentary piece in the May issue of Forbes: foodborne illness...
Salmonella Sickens 31 in Michigan, Minnesota, Ohio, Pennsylvania, South Dakota, Utah and West Virginia - Who Produced Them? Where Were They Sold? FDA is Silent - So Far.
Posted on April 25, 2009FDA held a call Saturday, April 25 to inform industry (but not consumers) of a forthcoming FDA press release (today or tomorrow?) related to an outbreak of Salmonella SaintPaul linked to alfalfa sprouts - AGAIN. The multi-state outbreak began mid-March and is ongoing...
The Fight for Safe Food - The Facts, Quotes and Opinions of 16 Years of Fighting for Consumers
Posted on April 25, 2009As one reporter I spoke to last week noted: The Facts: The law firm of Marler and Clark has represented victims from every major food borne illness since 1993. Marler has fought for the rights of victims of food-borne illnesses for more than 16 years now and says in that time he has seen no laws tightened to protect consumers...
Off to the "other side of the pond."
Posted on April 24, 2009I sat for a few hours in the Atlanta airport last night during a thunder storm so had some time to finish up my PowerPoint for my speech in a few weeks in London before the Royal Society for Public Health. Here is the PowerPoint - there will be two added videos - which one to use?: Product Liability in England & Wales General Liability Principles Product liability claims in England may be made under the Consumer Protection Act 1987 ('CPA'), in negligence or in respect of breach of contract...
Forbes Interview with Bill Marler
Posted on April 24, 2009Had a great chat with William Baldwin of Forbes Magazine for his opinion piece - "Needed: Tort Lawyers" - in the last week about the status of our Nation's food supply. This interview may be a first for Forbes – that did not skin this trial lawyer alive, nor dip me in a vat of boiling ink...
Larry King and Stewart Parnell have what in common?
Posted on April 23, 2009Press coverage for Georgia Trip: PCA plant conditions 'disturbing' Attorney: Mice, leaky roof found at Georgia nut plant I finally made it into the Blakely, Georgia Peanut Corporation of America plant. Despite being scrubbed a bit in the last few months, we still found mice and cockroaches in the plant with several spots where the roof had been clearly leaking...
Plainview Texas - Former Home of Peanut Corporation of America Salmonella Plant
Posted on April 22, 2009Well, made it from Seattle to Dallas to Lubbock to Plainview today. Had a great steak dinner at the 'Rockin' R Steak House.' They did not have a beer or wine list because they share a back door with their neighbor, the Baptist Church. We parked across the street and had little fear of being hit by a car (or anything else) as we crossed the street...
Busy Day in the Salmonella Peanut World
Posted on April 22, 2009Peanut victims' lawyers visit Plainview plant Minnesota man's family sues over his death Lawyer in salmonella lawsuits tours Texas plant Lawyer says Plainview plant may not be at fault
Bulletproof Blog - What's Next: The Plaintiff's Perspective - Bill Marler on Looming Food Supply Crises
Posted on April 22, 2009I had a great chat last week with Larry Smith - Each week Bulletproof Blog interviews top plaintiffs' attorneys for their perspective on the crises likely to affect businesses in the near future. In this issue, we talk to Bill Marler of the Seattle-based Marler Clark, LLP PS...
90% of the peanut business is mental - the other half is hard work!
Posted on April 22, 2009So, said the white board in the manager's office in the Plainview, Texas Peanut Corporation of America Plant that I visited today. I guess that did not translate into dealing with leaking roofs, mice and cockroaches.
Charity Dollars for Twitter Followers, The ABA Journal Lends a Hand (or at least, some Ink)
Posted on April 21, 2009This morning I spoke to Debra Weiss of the ABA Journal, who had heard about my twitter challenge and was writing a story on it. We chatted at about 5:30 a.m., as I was on my way to the airport. By the time my plane was boarding, the story was online...
The Public Inquiry into the September 2005 Outbreak of E. coli O157 in South Wales
Posted on April 20, 2009As I said last week, I have the great honor to once again speak before the Royal Society for Public Health in London next month. My Power Point is due (two days ago), but I got a bit distracted by my twitter challenge and 'kid stuff' over the weekend...
Governor Gregoire Addresses the Food Safety Conference - April 11, 2008
Posted on April 20, 2009A year ago I hosted a great food safety conference (thinking of doing so again in 2010) entitled "Who is Minding the Store." Governor Gregoire said what everyone was, and should be, thinking: Maybe our goal here should be to put Bill Marler right out of business...
Marler Clark Files Peanut Butter Salmonella Lawsuit For Family of Minnesota Man - Korean War Veteran Felled by Contaminated Peanut Butter
Posted on April 20, 2009Clifford Tousignant, father, grandfather, great-grandfather and decorated veteran of the Korean War, died in January, 2009, after eating Salmonella-contaminated peanut butter served in the nursing home where he lived in Brainard, MN. His family is filing suit against Kanan Enterprises, the makers of King Nut peanut butter...
Campylobacter Sickens Eleven With Raw Milk From Kinkin Corner Dairy
Posted on April 19, 2009I talked with Katharhynn Heidelberg of the Montrose Daily Press about yet another raw milk outbreak: Seattle attorney Bill Marler said that doesn't mean raw milk is safe. Marler has represented several clients, or their survivors, in food-borne illness cases, even taking on Con-Agra...
Ashton Kutcher Gets 1M Followers on Twitter For 10,000 Bed Nets to Fight Malaria in Africa - Great Charity - I'll give $25,000 to Charity for 25,000 Followers - What Charity?
Posted on April 18, 2009The battle to become the owner of the first Twitter account that has 1 million followers has ended. It was a clash between the old TV, represented now by CNNbrk (CNN breaking news), and the new kid on the block Ashton Kutcher. Ashton Kutcher won the battle to become the first Twitter millionaire...
An Agenda for Strengthening State and Local Roles in the Nation's Food Safety System
Posted on April 17, 2009E. coli O157:H7, Spinach and Children Do Not Mix - Well
Posted on April 17, 2009Severe illness - Hemolytic Uremic Syndrome (HUS) - caused by E. coli O157:H7, impacts kids the hardest. Here is another family's story of when feeding your kids something healthy goes very wrong. Again, might need to download Quicktime to view the video below:
Another E. coli O157:H7 Death Casused by Tainted Spinach
Posted on April 17, 2009Click on below to watch video. You might need Quicktime to watch.
Clostridium difficile in Food - The Next Thing to Worry About May Already Be Here
Posted on April 17, 2009Over the last several years we have seen multiple instances where Clostridium difficile and foodborne illness have been related. However, the Clostridium difficile infection has generally been associated with the foodborne illness after treatment for the infection by antibiotics, not as a result of actual ingestion of the Clostridium difficile bacteria...
Another E. coli O157:H7 Death Caused by Tainted Spinach
Posted on April 17, 2009Click on below to watch video. You might need Quicktime to watch.
An Agenda for Strengthening State and Local Roles in the Nation's Food Safety System
Posted on April 17, 2009Spice Recall Increased Because of Salmonella Contamination
Posted on April 16, 2009FDA announced that Union International Food Co. is expanding a spice recall to include all Lian How brand and Uncle Chen brand sauces, oil and oil blends in various size packages because the products may be contaminated with salmonella, an organism that can cause serious and sometimes fatal infections, especially in young children, the elderly and those with weakened immune systems...
Raw Milk Outbreaks - 2009 Update
Posted on April 15, 2009Thanks to my friends at Kansas State - click below:
Royal Society for Public Health - E. coli: Cases, Controls and Common Sense
Posted on April 14, 2009I have the great honor to once again speak before the Royal Society for Public Health in London next month. It will be great to share the stage again with Hugh Pennington. Professor Pennington just finished an extensive investigation into an E...
Bill Marler - The food-safety litigator - Interview with Culinate
Posted on April 14, 2009Had a great chance to speak with Miriam Wolf of Culinate. Here is the interview: In 1993, as a Seattle trial lawyer, he was hired to litigate against the fast-food restaurant chain Jack in the Box, whose E. coli-contaminated hamburgers had killed four children...
Hepatitis A in Imported Green Onions - Its Impact on One Man
Posted on April 14, 2009In late October 2003, Beaver County ER doctors reported an alarming number of Hepatitis A cases. Investigators from the Pennsylvania Department of Health initiated an investigation immediately and discovered that many, if not all, cases had eaten at Chi Chi's restaurant in Monaca, Pennsylvania's Beaver Valley Mall...
Raw Milk, Campylobacter jejuni, President Roosevelt and Guillain-Barré Syndrome - Six Degrees of Separation?
Posted on April 13, 2009I spent part of the day working on the sad case of a Crescent City, California woman, Mrs. Tardiff, who contracted Campylobacter jejuni from consuming raw milk purchased at Alexandre Family EcoDairy Farms. The farms stopped the sale of raw milk...
Salmonella Pistachio Product Recall Expanded
Posted on April 13, 2009The FDA announced additional and expanded items that are being recalled. The following recalls have been announced because the products may be contaminated with salmonella, an organism that can cause serious and sometimes fatal infections, especially in young children, the elderly and those with weakened immune systems:Aurora Products Inc...
Yet Another Reason E. coli O157:H7 Has No Place in Our Food
Posted on April 13, 2009Donna Roy was part of the 2006 Dole Spinach E. coli O157:H7 Outbreak. She developed Hemolytic Uremic Syndrome (HUS), which is a severe, life-threatening complication of an E. coli O157:H7 bacterial infection. It is now recognized as the most common cause of acute kidney failure in childhood in the United States...
Two Dead from Sea Cucumber Food Poisoning
Posted on April 13, 2009Two people died while four others are in critical condition in Cebu after eating a fried sea cucumber delicacy on Saturday, a report said. The sea cucumber, a herbivore, is not known for being poisonous but it secretes blue ink from its skin which is potentially lethal to any predators...
Easter Egg Hunt - Staphylococcal Food Poisoning - A Great Way to Ruin Your Easter
Posted on April 12, 2009So, between reading my emails, I read the 1984 JAMA Article by G. A. Merrill, S. B. Werner, R. G. Bryant, D. Fredson and K. Kelly Staphylococcal food poisoning associated with an Easter egg hunt Staphylococcal contamination of intact, hard-boiled eggs resulted in the food poisoning of an estimated 300 children out of 850 who had participated in an Easter egg hunt...
Great Email to Get on Easter Sunday - Little Brother Peanut Vents
Posted on April 12, 2009So, I get home from visiting my parents for Easter and I get this email from hugh.parnell@yahoo.com. The email came from Lynchburg Virginia - home of Falwell Ministries, Liberty University, Stewart Parnell and the Peanut Corporation of America: You have got to be a money crazy son of a bitch, with a big mouth...
Foodborne Illnesses Increase - 2008 FoodNet Data on the Incidence of Infection with Pathogens Transmitted Commonly Through Food
Posted on April 11, 2009Surveillance Results In 2008, a total of 18,499 laboratory-confirmed cases of infection in FoodNet surveillance areas were identified. The number of infections and incidence per 100,000 population were reported as follows: Salmonella (7,444; 16.20), Campylobacter (5,825; 12...
Amalgamated Produce Sprouts Recalled After Testing Positive For Listeria
Posted on April 10, 2009Sprouts processed by Bridgeport-based Amalgamated Produce Inc. have been recalled after a sample collected from a supermarket in New York tested positive for an organism that can cause serious infections. The sprouts also were sold at Stop & Shop, ShopRite and Price Chopper stores in Connecticut...
Peanut Corporation of America (PCA) - The Ultimate Humiliation - "None of its Salmonella is in My Product."
Posted on April 10, 2009The picture speaks for itself. I am not sure I ever recall a case where a product specifically said that it did not contain another company's product. A friend did just send me the following photo stemming from the 2006 spinach E. coli outbreak:
Off to Texas and Georgia in a Week to Tour the Peanut Corportation of America Salmonella Manufacturing Plants
Posted on April 10, 2009Georgia Texas
California Department of Fish and Game - Preliminary Research Results Find Less Than One Half of One Percent Occurrences of E.coli O157:H7 in Wildlife in California Central Coast Counties
Posted on April 10, 2009Bacterial, specifically E. coli O157:H7 outbreaks and illnesses linked to leafy greens have sickened hundreds in dozens of outbreaks in the last several years. The "salad bowl" of the nation has been hit with recall upon recall. No one, regulator, farmer, consumer or environmentalist knows quite what to do to protect consumers, business and the environment...
Colorful Dyed Chicks Could Have Salmonella
Posted on April 09, 2009According to News West Nine - This Easter Season it's not just about the colorful eggs, but the colorful chicks as well. The chicks are painted with dyes for nothing more but looks. Many wonder if the chicks are safe to handle especially for young children? Dr...
Despite What Seems Like an Outbreak a Week, Preliminary FoodNet Data from 2007 on the Incidence of Infection with Pathogens Transmitted Commonly Through Food, Seems to Hold Relativey Steady
Posted on April 09, 2009The CDC reported today: The Foodborne Diseases Active Surveillance Network (FoodNet) of CDC's Emerging Infections Program collects data from 10 U.S. states regarding diseases caused by pathogens commonly transmitted through food. FoodNet quantifies and monitors the incidence of these infections by conducting active, population-based surveillance for laboratory-confirmed infections...
With all The Raw Milk Recalls and Outbreaks Lately, I Really Need to Update My Charts
Posted on April 09, 2009Prompted by a post by the "Raw Milk Apologist," The Complete Patient - "When It Comes to Discussing Raw Milk Safety, It Helps to Appreciate the Behind-the-Scenes Agendas at Hand," I felt the need to give a bit of a counter-point to "the raw milk kills all ills" propaganda the spews from his keyboard...
Sprouts Recalled in Rhode Island Shaws, Stop & Shop, Whole Foods and IGA Due to Possible Listeria Contamination
Posted on April 09, 2009The Rhode Island Department of Health advises consumers of sprout products that may be contaminated with Listeria monocytogenes. Listeria is an organism that can cause serious or fatal infections in young children, elderly or anyone with a weak immune system...
The Oklahoma State Department of Health (OSDH) Issues Final Report on E. coli 0111 Outbreak Linked to Food Served at Country Cottage Restaurant in Locust Grove
Posted on April 09, 2009Outbreak Statistics At a Glance Source of Outbreak: Country Cottage Restaurant, Locust Grove, OK Outbreak Organism: E. coli 0111:NM Vehicle of Contamination: Unknown Method of Spread: Foodborne transmission Confirmed Outbreak Period: Aug. 15-24, 2008 Cases: 341 Hospitalizations: 70 Deaths: 1 The Oklahoma State Department of Health (OSDH) released its final report today on the investigation of the largest E...
WOW! Peanut Corporation of America Texas Plant Fined $14.6 Million Due to Salmonella Contamination
Posted on April 09, 2009According to press reports, the Texas Department of State Health Services has levied a $14.6 million fine against the Texas plant owned by a peanut company at the heart of a national salmonella outbreak. The Texas Department of State Health Services said Thursday it was fining Plainview Peanut Co...
Investing in Food Safety - Why You Cannot Afford Not To
Posted on April 08, 2009I was quoted the other day in USA Today about investing in food safety BEFORE an outbreak happens that sickens hundreds and drives your business and others into the ground: 'It's a good investment, says Bill Marler, a prominent Seattle-based food-safety lawyer who has already filed eight lawsuits against PCA...
Salmonella Peanuts - FDA Serves Warrant for Inspection of Westco Fruit and Nuts Inc. - Is this the future if Recalls are Not Voluntary?
Posted on April 08, 2009For the last few weeks the FDA and Westco Fruit and Nuts Inc. (Westco/Westcott), have been "negotiating" on whether a recall would be issued of Westco/Westcott peanut products. Today the FDA dropped the hammer down. From the FDA Website: At the request of the U...
First Doggy Could be a Real Yuk - Watch Out for Salmonella Dog Food
Posted on April 08, 2009I was reading obamafoodorama's post on the "First Pooch" and it got me to thinking. Could President Obama's best known campaign promise endanger the well being of little Malia and Sasha? Think about it: When President Obama sat down with Jay Leno a few weeks ago, he hinted he was about ready to fulfill his ever-so-popular promise to provide the White House, and those outrageously cute Little Obamas, with a new puppy...
I Hope it is Not That Time of Year - Again - E. coli Found in Safeway Hamburger
Posted on April 08, 2009The Canadian Food Inspection Agency is warning the public not to eat certain lean ground beef sold at Canada Safeway because it may be contaminated with E. coli O157:H7. The lean ground beef affected was sold in packages of approximately 450 grams with the first part of the UPC being 201670 and a Canada establishment number of 573...
Contaminated Raw Milk Strikes Again - Campylobacter in Colorado Sickens at Least Eight
Posted on April 08, 2009The Colorado Department of Public Health and Environment says raw milk traced to Kinikin Corner Dairy sickened at least eight people with campylobacter. There have been 11 confirmed cases of the food-borne bacteria since March 30; the state health department says 10 of those sickened reported drinking raw milk and eight of these people reported getting the milk from Kinikin Dairy...
FDA Finds Smoking Gun Salmonella at Pistachio Plant
Posted on April 07, 2009AP reports that Federal officials confirm they have found traces of salmonella in a central California pistachio processing plant that sparked a nationwide recall of the nut. The Food and Drug Administration said Monday state and federal inspectors found the bacteria in "critical areas" at Setton Pistachio of Terra Bella...
Another Reason to Blog on Food Safety
Posted on April 07, 2009Maintaining a specialty law blog can also help attorneys establish that they are experts in their particular fields. 'I'm a great believer in what I call the ‘ubiquity' factor in marketing,' he said. 'The more you can get your name out there in different media online, and in different locations online, the more that comes back to your benefit...
Tired of Recalls, Frustrated by "The Other Washington," the "Real Washington" Makes a Move on Food Safety
Posted on April 07, 2009Perhaps reflecting the seeming daily recalls of contaminated food and the frustration with the "Other Washington" in its inability to make our food supply safer and more sustainable, State legislatures are trying to fix the problems on a local level...
Salmonella Pistachios Recalled Back to 2008
Posted on April 07, 2009The FDA and the California Department of Public Health continue to investigate Salmonella contamination in pistachios and pistachio products. Setton Pistachio of Terra Bella Inc., Terra Bella, Calif., is voluntarily expanding its recall of roasted pistachios to include all lots of roasted in-shell pistachios and roasted shelled pistachios that were produced from nuts harvested in 2008...
Email from a Client - Life is Good
Posted on April 07, 2009I told Laura I believe they will get done what needs to be done but they are no Marler Clark that's for sure! You, Laura and Andy have been so wonderful to us and I have been unable to find a way to express to you and your staff how touched David and I are about you cutting your fees for us...
Second Lawsuit Filed in Sprouts Salmonella Outbreak
Posted on April 06, 2009A second lawsuit was filed today against CW Sprouts, the company tied to the recent Salmonella outbreak associated with alfalfa sprouts. The suit, which was filed in the Tenth District Court of Nebraska, Douglas County, is on behalf of Omaha resident Amanda Monastersky...
Rocket Fuel Chemical (Perchlorate) Found in Baby Formula
Posted on April 05, 2009According to the AP reports of a CDC study, a chemical used in rocket fuel was found in samples of powdered baby formula, and could exceed what is considered a safe dose for adults if mixed with water also contaminated with the ingredient, a government study has found...
Long-term Salmonella Infection Complications
Posted on April 05, 2009Irritable Bowel Syndrome (IBS) A recently published study surveyed the extant scientific literature and noted that post-infectious irritable bowel syndrome (PI-IBS) is a common clinical phenomenon first described over five decades ago. The Walkerton Health Study further notes that: Between 5% and 30% of patients who suffer an acute episode of infectious gastroenteritis develop chronic gastrointestinal symptoms despite clearance of the inciting pathogens...
Something Else to Worry About - Salmonella Chicks at Easter
Posted on April 04, 2009Public health officials in the Oregon Department of Human Services are reminding Oregonians that baby fowl may carry Salmonella. Chicks, ducklings and other young fowl may not be appropriate pets for children younger than 5 years or for persons with a weakened immune system, said Emilio DeBess, D...
Settlements in Hemolytic Uremic Syndrome (HUS) Cases Linked to 2007 E. coli O157:H7 Outbreak
Posted on April 04, 2009In the first major hamburger recall since 2002, on June 9, 2007, United Food Group voluntarily expanded its June 3 and 6 recalls to include a total of approximately 5.7 million pounds of both fresh and frozen ground beef products produced between April 6 and April 20 because it was contaminated with E...
MetroFarm with Michael Olson - "What's Eating What Radio!" - Marler Interview
Posted on April 04, 2009Show #631: LAWYERING UP FOR FOOD SAFETY Guests: Food Poisoning Lawyer Bill Marler, Marler Clark Subject: Campylobacter, E. coli, hepatitis A, listeria, norovirus, salmonella, and shigella are some of the food borne pathogens that lead us to ask… Can the law protect us from bad food? Topics include why good food goes bad; recent food poisoning incidents and what caused them; and what the law can and cannot do to protect us from poisoned foods.
Six Tons of EDS Wrap and Roll Foods Salmonella Egg Rolls Recalled and Union International Food Company Spice Recall Expanded
Posted on April 04, 2009More than six tons of egg rolls stuffed with chicken are being recalled by EDS Wrap and Roll Foods LLC of Hayward. The egg rolls were sold to restaurants throughout California, the government says. Meanwhile, the company at the center of a recall of the pepper used in the egg rolls has expanded its recall of still more spices...
E. coli O157:H7 Season is Nearly Upon Us - Will it be 2005 and 2006 or 2007 and 2008?
Posted on April 04, 2009The presence of E. coli O157:H7 in hamburger was defined as an adulterant under the Federal Meat Inspection Act in 1994. However, recalls of E. coli O157:H7 contaminated meat and related illnesses continued over the next decade to grow, as did my law firm...
Video Job Request - Hello President Obama
Posted on April 03, 2009Might need to download Quicktime.
UPDATE - Will Mr. Pistachio be sharing a Prison Cell with Mr. Peanut in what is becoming another "Nutgate"
Posted on April 03, 2009Elizabeth Weise, of USA TODAY reported this morning that 'Pistachios had tested positive for salmonella for [five] months' at the Setton facility in California while at the same time New York Department of Agriculture was finding rat feces and cockroaches at Setton's New York plant...
Salmonella Pistachios has become "Nutgate" - "who knew what and when did they know it?" Perhaps Mr. Peanut and Mr. Setton will need to make room for Mr. Kraft in the "Big House?"
Posted on April 03, 2009According to AP reports today, 'Nutgate' has turned into a 'finger-pointing' match of 'he said, she said.' The spokeswoman from Setton, the pistachio maker, said today 'that Kraft Foods Inc. detected salmonella in its pistachios more than six months ago but did not inform [Setton] until last week [March24]' when Kraft also informed the FDA...
Two Million Pounds of Pistachios Recalled for Salmonella - Kraft Saves the Day and Likely Lives and FDA Does Its Job Well
Posted on April 02, 2009I talked with Garance Burke of AP last evening for her story, 'Tests nipped risk of tainted pistachios in bud.' Garance wrote: 'The contamination was only detected because of voluntary testing by a manufacturer for Kraft Foods Inc. almost two weeks ago...
Salmonella Pistachios, Pepper, Peanuts, Sprouts, Eggs and Mayonnaise in Last Three Months
Posted on April 02, 2009As a friend recently said: "You could almost make a sandwich." A nasty one at that.
Rats and Cockroaches and Pistachios - Oh, My!
Posted on April 02, 2009The more things change, the more things stay the same. Now FDA officials are investigating Commack, New York-based Setton International Foods Inc., which shares key staff and packages food with its sister plant in central California, Setton Pistachio of Terra Bella Inc...
Kroger Recalls Salmonella Mayonnaise Sold in Ohio, Kentucky and Indiana
Posted on April 01, 2009The Kroger supermarket chain says it's recalling some store brand mayonnaise sold in three states because it may be contaminated with Salmonella. Cincinnati-based Kroger Co. says the recall involves 32-ounce plastic jars of Kroger Lite Mayo sold in Kroger stores in southwest Ohio, northern Kentucky and southeast Indiana...
A Much Needed Shift of Focus at USDA Food Safety and Inspection Service
Posted on April 01, 2009I was pleasantly surprised to read today that the USDA has apparently decided to take notice of the elephant in the room when it comes to the tons of ground beef that consumer purchase every day. That is, grocery stores and other retail establishments routinely add trimmings—the bits of meat leftover from cutting steaks and roasts—to the ground beef they grind each day and put out for sale...
Pistachios in the US and Canada Recalled Due to Potential Salmonella Contamination - Several Illnesses Now Reported
Posted on April 01, 2009According to the FDA Website, the FDA and the California Department of Public Health (CDPH) are investigating Salmonella contamination in pistachio products sold by Setton Pistachio of Terra Bella Inc, Calif. The company has stopped all distribution of processed pistachios and will issue a voluntary recall involving approximately 1 million pounds of its products...
Avoid Lian How and Uncle Chen white pepper with Salmonella
Posted on April 01, 2009Public health officials today warned consumers not to eat ground white pepper processed, packaged or distributed by Union International Food Company in Union City, California until further notice. Ground white pepper products from the UIFC have been linked to a multi-state outbreak of salmonella, the health officials said...
1 Million Pounds of Salmonella Pistachio Products Recalled
Posted on March 31, 2009The FDA and the California Department of Public Health (CDPH) are investigating Salmonella contamination in pistachio products sold by Setton Pistachio of Terra Bella Inc, Calif. The company has stopped all distribution of processed pistachios and will issue a voluntary recall involving approximately 1 million pounds of its products...
Public health officials in Oregon, Washington, California and Nevada track multi-state outbreak of Salmonella Rissen to ground pepper imported, packaged and distributed by Union International Food Co. of Union City, California
Posted on March 31, 2009The contaminated pepper was packaged under the 'Lian How' and 'Uncle Chen' labels and sold to restaurant suppliers and markets – much of it going to Chinese and Vietnamese establishments. Since December, 42 rare Salmonella Rissen infections have been reported in Oregon, California, Washington and Nevada...
First Lawsuit in Salmonella-Tainted Sprout Outbreak To Be Filed by Marler Clark
Posted on March 31, 2009The first lawsuit stemming from a multi-state outbreak of Salmonella Saintpaul was filed today against CW sprouts in the Tenth District Court of Nebraska, Douglas County. The complaint was filed on behalf of Omaha resident Stephen Beumler, who is represented by Seattle foodborne illness law firm Marler Clark and by the Ausman Law firm of Omaha...
Outbreak of E. coli O157 Associated with Raw Milk Consumption purchased at Whole Foods - Connecticut, 2008
Posted on March 31, 2009For those thinking about drinking raw milk or having your children drink it - read these pages (click to download PDF):
Setton Pistachio of Terra Bella Expands Nationwide Recall of Pistachios Because of Contamination with Salmonella Montevideo, Newport, Seftenberg and Larochelle
Posted on March 31, 2009According to an FDA Press Release, Setton Pistachio of Terra Bella, Inc. announced today that it is voluntarily recalling from nationwide distribution specific lots of bulk roasted shelled pistachios and 2,000 lbs., 1,700 lbs., 1,800 lbs. and 1,000 lbs...
First Lawsuit in Salmonella-Tainted Sprout Outbreak Filed by Marler Clark
Posted on March 31, 2009The first lawsuit (complaint) stemming from a multi-state outbreak of Salmonella Saintpaul was filed today against CW sprouts in the Tenth District Court of Nebraska, Douglas County. The complaint was filed on behalf of Omaha resident Stephen Beumler, who is represented by Seattle foodborne illness law firm Marler Clark and by the Ausman Law firm of Omaha...
Guest Blog Food and Water Watch - A look at the Food Safety Bills in Congress HR 875 and HR 759
Posted on March 30, 2009Elissar Khalek - Food and Water Watch The dilemma of how to regulate food safety in a way that prevents problems caused by industrialized agriculture but doesn't wipe out small diversified farms is not new and is not easily solved. And as almost constant food safety problems reveals the dirty truth about the way much of our food is produced, processed, and distributed, it's a dilemma we need to have serious discussion about...
FDA - Peanut Butter and other Peanut Containing Products Recall List - Now 3868 products on list
Posted on March 30, 2009I had not checked the list of recalled peanut butter containing products for a few day and now it is 3868 different products manufactured by over 200 different companies. All caused by one company that produced about 2.5% of peanut butter products in the USA...
Over at Crooks and Liars - More on Food Safety and HR 875
Posted on March 29, 2009Nonny Mouse wrote "Monsanto and HR 875, Take Two" To set the record straight: There is no language in HR 875 that would regulate, penalize, or shut down backyard gardens or ‘criminalize' gardeners; the bill focuses on ensuring the safety of food in interstate commerce...
Guest Blog - Cornucopia Institute - Supporting Viable Federal Oversight over Corporate Agribusiness - Local/Organic Farming: Part of the Solution, Not Part of the Problem!
Posted on March 28, 2009The blogosphere has sounded the alarm warning that Congress and agribusiness and biotechnology lobbyists are conspiring to pass legislation that will force organic and local farms, and even home gardeners, out of business. What are the threats and opportunities, and how should we gear up to communicate with our congressional representatives? There is no question that our increasingly industrialized and concentrated food production system needs a new regulatory focus...
33 Sickened - Union International Food Company Pulls Salmonella Spices
Posted on March 28, 2009California public health officials are warning people not to eat a dozen spices packaged at a Union City plant under the Lian How brand name. A salmonella outbreak that has sickened 33 people in California and nine people in three other states caused the Union International Food Company to voluntarily recall of its pepper, paprika, curry, onion powder and other products...
Guest Blog - Trula - Myths & Facts About HR 875 - The Food Safety Modernization Act
Posted on March 28, 2009There has been a lot of hysteria floating around about HR 875, a bill being put through in congress to further regulate food safety. I have been hearing so much about this all month, and decided not to make up my mind until I had a chance to read all the information...
More Than 100 People Sickened With Shigella After Eating at Camillus, New York Applebee's
Posted on March 27, 2009Health officials now say more than 100 people reported getting sick after eating at an Applebee's restaurant in suburban Syracuse. The Onondaga County Health Department says it has confirmed seven cases of Shigellosis among people who ate at the Applebee's in Camillus in early March...
China Court Accepts First Civil Milk Scandal Lawsuit
Posted on March 27, 2009For the last two years I have had the honor of speaking in China on food safety and civil litigation - the ability for all consumers to stand up to corporations who poison them and their children. I will be back again this year in September. Now a Chinese court has officially accepted the first lawsuit seeking compensation for last year's tainted milk scandal, state media said Wednesday, opening up the possibility of a flood of court actions...
Ciguatera Fish Poisoning Causes Painful Sex - So says CDC and FDA
Posted on March 27, 2009Got your attention? Food poisoning causes more problems that you thought. The CDC actually reported this today in MMWR: Cluster of Ciguatera Fish Poisoning --- North Carolina, 2007 Ciguatera fish poisoning (CFP) is a distinctive type of foodborne disease that results from eating predatory ocean fish contaminated with ciguatoxins...
China is so much better with Food Safety than the United States
Posted on March 27, 2009With a current population of 1,319,175,333, according to the China Ministry of Health, there were 431 food poisoning incidents reported in China last year, causing 13,095 illnesses, and 154 deaths. The United States current population is 306,090,800. Our version or the Ministry of Health, the CDC, reports approximately 76,000,000 illnesses, 325,000 hospitalizations, and 5,000 deaths in the United States each year...
Gourmet Magazine - Politics of the Plate: The Price of Tomatoes - Slavery and Tomatoes
Posted on March 27, 2009A good friend sent me Barry Estabrook's article from Gourmet Magazine 'Politics of the Plate: The Price of Tomatoes - If you have eaten a tomato this winter, chances are very good that it was picked by a person who lives in virtual slavery.' I am not sure anyone can read the article and not feel saddened by the abuse these workers take to put tomatoes on our plate...
Guest Blog - Dave Babcock - Food Traceback in USA is Worthless
Posted on March 27, 2009The Wall Street Journal is reporting this morning that many food companies are not complying with federal recordkeeping requirements. The requirements, encoded in a 2002 bioterrorism law, are intended to provide the basis for "traceback" upon the discovery of contaminated foods...
Blueprint for Fixing the Food Safety System
Posted on March 26, 2009The Trust for America's Health and the Robert Wood Johnson Foundation have released a report which examines problems with the current system and proposes ways to improve the food safety functions at the Department of Health and Human Services (HHS) to better protect the nation's food supply...
It is good to be hated by some people.
Posted on March 25, 2009I got this email yesterday: Zelda Parnell - March 24, 2009 3:56 PM @hat an A>> Hole you are. You know you probably kept $299 million of the 300. I hope our government never stoops so low as to appoint you to the staff. It already has gone to hell in a hand basket and you would finish it off...
The Georgia Nut Company (from Illinois) Issues Voluntary Recall of Certain Snack Products Containing Shelled Pistachio Nuts Because of Salmonella Risk
Posted on March 25, 2009The FDA announced today that the Georgia Nut Company is recalling certain bulk wholesale and retail products containing shelled pistachio nuts that have the potential to be contaminated with the Salmonella organism. The Company said it identified the potential as a result of a rigorous sampling and testing regimen it conducted with respect to shelled pistachios provided by a third-party supplier...
Peanut Butter Provocateur
Posted on March 24, 2009Seattle Metropolitan Magazine writer Jill Watanabe and I spoke a few weeks ago. Here is her take on the Peanut Butter Mess: Peanut butter, meet food fighter. Seattle attorney Bill Marler just dipped his knife into your jar and, well, your salmonella secret is over...
Call for Food Safety Guest Bloggers on Marler Blog
Posted on March 24, 2009Come on - I really have legal work to do. I can not blog all the time. Companies keep poisoning their customers despite my plea to "put me out of business, please." We have so many issues. All the bills before congress, third-party audits, pasteurization, irradiation, raw milk, single food safety agency, sustainability, and on and on...
US Food Safety Working Group - Ideas from efoodalert
Posted on March 24, 2009President Obama's announced that he is establishing a Food Safety Working Group to develop and present him with recommendations for improving the US food safety system. This new group will be co-chaired by two Cabinet members – Agriculture Secretary Vilsack and Health and Human Services Secretary (nominee) Sibelius – and will include senior officials from departments and agencies that are involved in food safety regulation...
Seven Shigella Cases Reported at Camillus Applebee's - 9,000 Exposed
Posted on March 24, 2009The Onondaga County Health Department has confirmed seven cases of food-borne illness in people who recently ate at the Applebee's in Camillus. County Health Commissioner Dr. Cynthia Morrow says all seven people had contracted Shigellosis. The Shigella bacteria, Morrow says, is associated with consuming water or food contaminated with fecal matter...
Hartford Health Officials Investigate E. Coli Cases Among Aetna Employees
Posted on March 24, 2009Hartford City health department officials are interviewing cafeteria workers at Aetna's downtown Hartford office, where five employees have been stricken with E. coli in the last three to four weeks. The source of the outbreak has yet to be determined, and the cafeteria remains open, company spokesman Fred Laberge said today...
United States Food Safety Legislation 2009 - Quite a lot to "chew" on!
Posted on March 23, 2009I think I have pulled together all of the pending (and one missing) pieces of legislation on food safety for your reading pleasure. If between lawsuits, and I have time, I will give you my thoughts on the legislation. H.R.759: To amend the Federal Food, Drug, and Cosmetic Act to improve the safety of food, drugs, devices, and cosmetics in the global market, and for other purposes...
Guest Bloggers - Wenonah Hauter, Charles Stanley Painter - U.S. food safety system too flawed for a quick fix
Posted on March 23, 2009Our 100-year-old food inspection system is not aging gracefully. Despite a century of improvements, consumers are still playing Russian roulette when it comes to the food they eat. Even today, one in four Americans —- 76 million people —- endures a food-borne illness and 5,000 people die each year...
Marler - Talk with Phil Brasher: Safety rules burden smaller farmers?
Posted on March 22, 2009The foodie/organic/raw/local/small farmer blogs are alive with conspiracy theories (real or imagined) about the reasons behind the moves in Congress to finally try to make our food supply safer. Some see the evil hand of Monsanto, Cargill, etc...
The Perils of Ignoring History: Big Tobacco Played Dirty and Millions Died. How Similar Is Big Food?
Posted on March 21, 2009An interesting read by Kelly D. Brownell and Kenneth E. Warner - Yale University; University of Michigan In 1954 the tobacco industry paid to publish the 'Frank Statement to Cigarette Smokers' in hundreds of U.S. newspapers. It stated that the public's health was the industry's concern above all others and promised a variety of good-faith changes...
Salmonella-tainted den Dulk Poultry Farms eggs recalled from Costco, Safeway and Pack n' Save stores throughout Northern California, the Central Valley and western Nevada
Posted on March 21, 2009The eggs were sold at Costco stores as Kirkland Organic Brown Eggs in 18-count cartons with the following expiration and plant codes: April 1 062, 35 P1776 and April 8 069, 35 P1776. They were sold at Safeway and Pack n' Save stores as O Organic Grade A Large Brown Eggs in 12-count cartons with the following expiration and plant codes: April 1 062, 35 P1776...
China fires eight top regulators over milk scandal - Can anyone recall when the US did the same?
Posted on March 21, 2009According to press reports, eight senior China food regulators were fired for "slack supervision" in a tainted milk scandal that killed at least six children and sickened over 300,000. High-ranking regulators in the country's major food supervisory agencies, including the ministries of Health and Agriculture and the top food safety watchdog, were stripped of their positions and their membership in the Communist Party...
Organic Pastures Dairy E. coli O157:H7 Raw Milk Product Outbreak 2006
Posted on March 20, 2009I learned a long time ago to "try" and not argue politics (people still think Obama is a Muslim) or religion (people still think the earth is 5,000 years old) with people. Regardless of the facts, folks tend to dig in their heels and can not hear another side's perspective...
Blakely Going "Nuts" - Perhaps Not "Nuts" - Just No Damn Brains
Posted on March 20, 2009I was reading the Albany, Georgia Herald when I came across Jennifer Maddox Park's piece 'Blakely Going Nuts.' At first I thought the town was so damn sorry and embarrassed for being the location of the peanut butter plant that has sickened nearly 700, hospitalized 150 and killed 9, that they were going to have some type of memorial to the victims – perhaps raise money for medical bills and lost wages? But, alas, not a damn chance...
Guest Post - obamafoodorama - If Americans Are Outraged Over Bank Bailouts, Why Aren't We Outraged Over Big Ag Bailouts?
Posted on March 20, 2009From Eddie at obamafoodorama. Although the most recent outrage over the profligate behavior of American financial institutions has been focused on AIG's executive bonuses, Americans are equally outraged by the rate of foreclosures, by the credit crisis, by rising unemployment due to the bad economy...
SunSprout Enterprises' Salmonella Sprouts Now Linked to 121 Illnesses in Nebraska, Kansas, South Dakota and Iowa
Posted on March 19, 2009The outbreak that's sickened people in four Midwest states has been tied to SunSprout Enterprises' sprouts that were distributed to grocery stores and restaurants. The Omaha company "voluntarily" recalled its products. Nebraska health officials say 84 cases of Salmonella saintpaul have been confirmed near Omaha, Lincoln and Kearney...
Georgia Makes Food Safety Changes - Real or Imagined? Is it just more public relations?
Posted on March 19, 2009The Georgia House and Senate have both moved rapidly over the last several weeks to solve the public relations disaster that was the Peanut Corporation of American. In an effort to prop-up the nearly $2.5 Billion Georgia peanut industry which has lost millions of dollars over the last month, the legislature has passed both houses have passed SB 80 (http://www...
Obamas to Plant Garden on White House Lawn - What Does That Say About the Safety of Our Food Supply
Posted on March 19, 2009So, I bought myself a Kindle and now download both the New York Times and Washington Post – Well, I try to read them daily. Anyway, I see that according to the Washington Post that the Obamas are planting a garden (first reported on obamafoodorama): On Friday, Michelle Obama will host a groundbreaking for a White House kitchen garden on the South Lawn...
The Salmonella Outbreak: The Role of Industry in Protecting the Nation's Food Supply
Posted on March 19, 2009I was stunned by the testimony but sickened by the exhibits watching the video of the Subcommittee on Oversight and Investigations hearing titled, 'The Salmonella Outbreak: The Role of Industry in Protecting the Nation's Food Supply' held at 10:00 a.m...
Can I Sue Miley Cyrus If Her Snacks Make Me Sick?
Posted on March 18, 2009I actually spoke to "E Online" today regarding the recall of Hannah Montana granola bars. "E" wanted to know if someone could sue Miley Cyrus (aka Hannah Montana). As I said: Do you live in China? That would help, says attorney Bill Marler, who represents victims in food-poisoning cases...
Energy and Commerce Subcommittee Hearing on "The Salmonella Outbreak: The Role of Industry in Protecting the Nation's Food Supply"
Posted on March 18, 2009The Subcommittee on Oversight and Investigations will hold a hearing titled, 'The Salmonella Outbreak: The Role of Industry in Protecting the Nation's Food Supply' at 10:00 a.m. Eastern on Thursday, March 19, 2009, in 2123 Rayburn House Office Building...
Another E. coli O157:H7 Outbreak and Even More Victims
Posted on March 18, 2009The thing about E. coli O157:H7 is that it does not discriminate - child, young adult, grandparent, man or woman, rich or poor. It sickens over 70,000 people in the US yearly. Here are the short stories of three from 2006 - Remember, they could be your kid, your daughter or your parent:
This Post is for Dads - Like Barack Obama and Tom Vilsack
Posted on March 17, 2009So, I know how (imagine how) the President spent his day – security briefings and then trying to fix the banking, health care, automobile, employment and environment messes. Other Dads? Doing their day jobs – blue collar, white collar, service or manufacturing – all putting in a day's work...
691 Salmonella Typhimurium Peanut Product Illnesses in 46 States
Posted on March 17, 2009The CDC reports today that 691 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 46 states. The number of ill persons identified in each state is as follows: Alabama (2), Arizona (14), Arkansas (6), California (76), Colorado (18), Connecticut (11), Florida (1), Georgia (6), Hawaii (6), Idaho (17), Illinois (11), Indiana (10), Iowa (3), Kansas (2), Kentucky (3), Louisiana (1), Maine (5), Maryland (10), Massachusetts (48), Michigan (38), Minnesota (43), Missouri (15), Mississippi (7), Montana (2), Nebraska (1), New Hampshire (13), New Jersey (24), New York (34), Nevada (7), North Carolina (6), North Dakota (17), Ohio (100), Oklahoma (4), Oregon (13), Pennsylvania (19), Rhode Island (5), South Dakota (4), Tennessee (14), Texas (10), Utah (7), Vermont (4), Virginia (21), Washington (24), West Virginia (2), Wisconsin (5), and Wyoming (2)...
84 Salmonella Cases in Nebraska Linked to CW Sprouts
Posted on March 17, 2009The number of salmonella cases in eastern Nebraska initially detected last week has increased, according to the Nebraska Department of Health and Human Services. So far, there are 84 lab-confirmed cases, with 13 considered probable. The outbreak preliminarily has been linked to a source - alfalfa sprouts from a local grower, CW Sprouts from Omaha...
Hearing on "The Salmonella Outbreak: The Role of Industry in Protecting the Nation's Food Supply"
Posted on March 16, 2009House of Representatives Committee on Energy and Commerce Subcommittee on Oversight and Investigations 10:00 a.m. Thursday, March 19, 2009 2123 Rayburn House Office Building Who is testifying has not yet been listed. It is great to see Congressmember's Waxman and Stupak are still on top of things - "Change is Coming...
Peanut Butter Salmonella Quote of the Day
Posted on March 16, 2009'The label doesn't likely say ‘Was made for us by a really crappy company in Blakely, Ga.,'' Marler explained. 'The consumer thinks they're buying the retailer's brand.' Had a great talk with Julie of Supermarket News about the liability of retailers for products manufactured for them under a 'private label', when they simply sell a manufactured product and when that manufacturer goes bankrupt...
UPDATE - Hearing on "The Salmonella Outbreak: The Role of Industry in Protecting the Nation's Food Supply"
Posted on March 16, 2009House of Representatives Committee on Energy and Commerce Subcommittee on Oversight and Investigations 10:00 a.m. Thursday, March 19, 2009 2123 Rayburn House Office Building Who is testifying has not yet been listed. ("[I]t will be a one-panel hearing with representatives from Kellogg, King Nut, and Vitamin Cottage Natural Grocers testifying...
President Obama on Food Safety - Full Radio Address Video
Posted on March 14, 2009In addition to the ideas the President stated, here are my 'top ten' ideas: 1. improve surveillance of bacterial and viral diseases. First responders - ER physicians and local doctors - need to be encouraged to test for pathogens and report findings directly to local and state health departments and the CDC promptly...
Obama on Food Safety - This is why what you do is so important.
Posted on March 14, 2009E. coli O157:H7, whether it is in contaminated hamburger, spinach or raw milk, is a very nasty bacteria. Hemolytic Uremic Syndrome (HUS) can be the horrible result. Mr. President, the reason food safety is so important can best be explained by clicking on the below pictures and reading these childrens' stories and looking at these other client videos...
Obama Weekly Radio Address - "Change is on the Way" - Obama creates special panel on food safety
Posted on March 14, 2009Citing an existing health hazard, President Obama announced during his Saturday radio address, the creation of a special interagency panel on food safety, arguing that the status quo was "unacceptable." The Food Safety Working Group, chaired by the secretaries of health and human services and agriculture, will coordinate US government activities aimed at upgrading and enforcing food safety laws...
Agriculture Secretary Tom Vilsack Announces Final Rule for Handling of Non-Ambulatory Cattle - The Final "Downer Ban"
Posted on March 14, 2009Agriculture Secretary Tom Vilsack today (Saturday) announced a final rule to amend the federal meat inspection regulations to require a complete ban on the slaughter of cattle that become non-ambulatory disabled after passing initial inspection by Food Safety and Inspection Service (FSIS) inspection program personnel...
Guest Blogger - President Obama - OK, only kidding.
Posted on March 14, 2009Because he is the President and he and his family eat, and the fact that he is actually talking about food safety is so important to all of us, here is his entire radio/video Saturday address: "I've often said that I don't believe government has the answer to every problem or that it can do all things for all people...
Guest Blogger - Jim Prevor: Who's guarding our commerce? Recent failures on finance and food safety have something in common: Those assigned to enforce regulations didn't. Here's why.
Posted on March 14, 2009Jim Prevor is the founder and editor-in-chief of Phoenix Media Network Inc., a business-to-business media company specializing in the food industry. He regularly writes on food safety and other issues at PerishablePundit.com. This editorial appeared today in the Star Tribune...
Judge Rules US Almonds Must be Pasteurized
Posted on March 13, 2009I talked to San Francisco Chronicle reporter George Raine (who has been covering food business litigation since at least the Odwalla E. coli outbreak in 1996 when I first met him), about the perceived 'setback for organic almond growers and handlers in California's Central Valley, [when] a federal judge this week dismissed a lawsuit protesting the requirement that almonds sold on the domestic market be pasteurized...
Dueling E. coli O157:H7 Vaccines - Time to have a Vaccine-off?
Posted on March 13, 2009Lately my blog seems to have turned into an 'all Salmonella – all Peanuts – all the time.' In any event, there is other news, and perhaps it is good news – at least in the fight against E. coli O157:H7. A few days ago, Epitopix received a USDA conditional license for America's first E...
Rector v. Kellogg Complaint - Peanut Salmonella Outbreak
Posted on March 13, 2009A bit of press coverage: Salmonella Cases: Half Still Come from Crackers
Documents, Documents, who has the Peanut Corporation of America's Documents?
Posted on March 13, 2009It is excellent that our Federal Government is doing such a great job of organizing the Peanut Corporation of America's documents pursuant to a search warrant. I especially like that they saved the "Black trash bag containing shredded documents near the back door...
MRSA - methicillin-resistant Staphylococcus aureus - The risk to our food supply and to us.
Posted on March 12, 2009I travel a lot, so I bought one of those electronic books so I can download books and newspapers whenever I want. I just finished reading 'Our Pigs, Our Food, Our Health,' an Op-ed by Nicholas D. Kristof of The New York Times. I have now lost my appetite...
FSIS Changes in Sampling Frequency for E. coli O157:H7 Testing in Raw Ground Beef - Real or Imaginary Changes?
Posted on March 12, 2009FSIS released "[t]his notice announces that inspection program personnel (IPP) may receive FSIS Form 10,210-3, Requested Sample Programs, for E. coli O157:H7 sampling and testing of raw ground beef products (MT43) at the following monthly rates: • Up to 4 times within a 30-day window (See block 4 of FSIS form 10,210-3) for establishments with ground beef product production volumes of greater than 250,000 lb/day, as estimated and recorded in block 28 of FSIS Form 10,210-3 each time a sample is collected...
Peanut Corporation of America Bankruptcy Hearing Attended by Lawyers for Victims of Salmonella
Posted on March 12, 2009According to press reports today, although today's hearing concerns bankruptcy matters (court documents filed March 6 show Peanut Corp. has almost $11.4 million in assets and $4.8 million in debt. It has nearly 500 creditors), attorneys representing people with salmonella injury and death claims against the peanut processor showed up as well...
Nebraska lists 45 ill, Iowa 21, South Dakota 5 and Kansas 5 - SunSprout Enterprises, Inc. Recalls Salmonella St. Paul Alfalfa Sprouts, Onion Sprouts, and Gourmet Sprouts Because of Health Risk
Posted on March 12, 2009FDA PRESS RELEASE SunSprout Enterprises, Inc., Omaha, Nebraska, is initiating a voluntary recall of Alfalfa Sprouts, Onion Sprouts, and Gourmet Sprouts based on communications it has had with Nebraska State officials regarding several cases of Salmonella St...
Why I work - "Stephanie Smith remains in a wheelchair, fighting to walk -- and dance -- once again - She ate an E. coli - tainted Cargill hamburger"
Posted on March 11, 2009From the Saint Cloud Times - Stephanie Smith of Cold Spring was a 20-year-old dance instructor when she contracted E. coli after eating a hamburger at a family barbecue in 2007. She also developed HUS and spent nine months in the hospital, including two months in a medically induced coma to prevent seizures...
Food Democracy Now
Posted on March 11, 2009Had a very nice chat today with the folks at Food Democracy Now - Check them out:
Salmonella Typhimurium Peanut Products Update - 683 sickened in 46 States - 23% Hospitalized and 9 Deaths - With Movie
Posted on March 10, 2009CDC now reports 683 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 46 states. The number of ill persons identified in each state is as follows: Alabama (2), Arizona (13), Arkansas (6), California (76), Colorado (17), Connecticut (11), Florida (1), Georgia (6), Hawaii (6), Idaho (17), Illinois (11), Indiana (10), Iowa (3), Kansas (2), Kentucky (3), Louisiana (1), Maine (5), Maryland (10), Massachusetts (48), Michigan (38), Minnesota (42), Missouri (15), Mississippi (7), Montana (2), Nebraska (1), New Hampshire (13), New Jersey (23), New York (34), Nevada (6), North Carolina (6), North Dakota (17), Ohio (99), Oklahoma (4), Oregon (13), Pennsylvania (19), Rhode Island (5), South Dakota (4), Tennessee (14), Texas (10), Utah (6), Vermont (4), Virginia (21), Washington (23), West Virginia (2), Wisconsin (5), and Wyoming (2)...
Denis Stearns - Guest Blogger - The Dissenting Justices in Wyeth v. Levine on the FDA-Approval of Drugs: "Is it Safe?"
Posted on March 10, 2009In reading Justice Alito's dissent in Wyeth v. Levine, the recent Supreme Court opinion holding that FDA-approval does not provide a complete defense to state law failure-to-warn claim, I was reminded of the horrifying torture scene in the 1976 thriller, Marathon Man...
Marler - Peanut Butter Quote of the Day
Posted on March 10, 2009Manufacturers, such as Kellogg, can also be held accountable under the law, Marler said. "One thing that's great about the American justice system is that it's a great way of focusing a company's attention on the problem it created," Marler said...
Salmonella Sprouts Sicken Fifty in Iowa, Kansas, Nebraska, Missouri, and South Dakota Linked to SunSprout Enterprises, Inc, of Omaha
Posted on March 09, 2009About 50 cases from Iowa, Kansas, Nebraska, Missouri, and South Dakota have been linked to the outbreak, according to a recent press release from the South Dakota Department of Health. Nebraska has identified 15 ill. South Dakota has identified five cases from five of its southeastern counties and that more cases were pending...
Private Third-Party Audits of Government Audits - Choose Your Poison
Posted on March 08, 2009When it comes to inspecting the thousands of food manufacturing facilities in our increasingly complex and intertwined food supply, some argue that we need more actual governmental audits while others argue that private, third-party audits are the way to go...
Where to find Salmonella-Free Peanut Butter?
Posted on March 08, 2009Well, according to my friends in Louisiana, it is at your local Target.
Private Third-Party Audits or Government Audits - Choose Your Poison
Posted on March 08, 2009When it comes to inspecting the thousands of food manufacturing facilities in our increasingly complex and intertwined food supply, some argue that we need more actual governmental audits while others argue that private, third-party audits are the way to go...
March is National Peanut Month - Really?
Posted on March 07, 2009Someone emailed me the link to www.peanutbutterlovers.com (website for everything) and a note that March is National Peanut Month – 'a time to celebrate one of America's favorite foods.' According to the site, 'National Peanut Month had its beginnings as National Peanut Week in 1941...
2005 "Best Restaurant in the World" Poisons 400
Posted on March 07, 2009Some 400 people have fallen ill after eating at world-renowned restaurant The Fat Duck, which was temporarily closed last month due to a food poisoning scare, officials said on Friday. The Health Protection Agency (HPA) said the number of cases reported at top chef Heston Blumenthal's eatery had grown after media coverage of the outbreak...
Unpasteurized Raw Cheese Contaminated with Listeria Suspected in Baby Deaths in Washington
Posted on March 07, 2009According to the Spokane Newspaper, Washington State health investigators are still attempting to solve several cases of food-borne infections that have caused several pregnant women to lose their babies since January. They suspect the women in Yakima, Klickitat and King counties ate unpasteurized cheese that was contaminated with listeria bacteria...
China's new food safety law must provide courts with real enforcement authority
Posted on March 06, 2009Peanut Corporation of America is Worth a Negative $400,000.
Posted on March 06, 2009According to Bankruptcy filings, Peanut Corporation of America has nearly $11.4 million in assets and debts of $4.8 million. The only real estate listed in the documents was the company's plant in Blakely, Georgia. It was valued at $2 million, with a $1 million lien...
Mediations to Occur in Hemolytic Uremic Syndrome Cases Linked to 2007 E. coli O157:H7 Outbreak
Posted on March 01, 2009The Hartford Insurance Company Coughs Up Peanut Corporation of America Policies for 2008-2009
Posted on February 28, 2009Governor Sebelius to Lead Health and Human Services (HHS) - What Will She Do With Food Safety? Marler's Top Ten Ideas for Leadership at the Center for Food Safety and Applied Nutrition (CFSAN)
Posted on February 28, 2009FDA's Peanut Product Recall List Hits 2,750 and FDA Prepares a "Simplified" Distribution Chart
Posted on February 28, 2009Governor Sebelius to Lead Health and Human Services (HHS) - What Will She Do With Food Safety?
Posted on February 28, 2009Kansas Governor Kathleen Sebelius accepted President Obama's request to become his secretary of Health and Human Services (HHS). Governor Sebelius will inherit a department of 65,000 employees responsible for public health, food safety, scientific research, and the administration of the Medicare and Medicaid programs, which serve 90 million Americans...
21 kids contract E. coli at Chicago area Day Care
Posted on February 26, 2009According to the Southtown Star Daily, twenty-one children and one adult have contracted E. coli at a Lemont day care in an outbreak that began earlier this month. The Cook County Health Department has mandated all children and adults at the KinderCare Learning Center, 12404 Archer Ave...
666 now sickened with Salmonella Typhimurium Tainted Peannut Butter in 45 States - Texas finds Salmonella in Plant
Posted on February 25, 2009Finally got wireless access at the GMA Food Claims and Litigation Conference. Peanut Update - Texas health officials confirmed this morning that Salmonella Typhimurium has been found in peanut meal at a Texas plant owned by Peanut Corporation of America (PCA)...
More Talks on Food Safety
Posted on February 23, 2009I had a TV interview with a local Las Vegas station on the peanut butter mess. I then had a good speech, and then a great round table discussion, about food safety with members of the National Meat Association. They asked me back again to talk in the morning, so I am working on what to tell an industry that really has no interest in poisoning its customers...
Marler Client Videos
Posted on February 23, 2009I heard a great talk today by my friend, Dave Theno, who is the now retired head of food safety at Jack in the Box. He told the packed audience of meat producers that he still keeps a picture in his briefcase of one of the children who died in the 1993 E...
Peanut Corporation of America Salmonella Typhimurium Outbreak Update
Posted on February 23, 2009So far the CDC reports that 654 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 44 states. The outbreak began September 1, 2008 and has continued through at least February 3, 2009. The ill are less than one to over 98...
Speech Before the National Meat Association
Posted on February 22, 2009Thank you NMA for inviting me here to Las Vegas. My guess is inviting a trial lawyer into your convention is a bit of a “gamble.” Once again another food poisoning outbreak, perhaps slightly more outrageous than the ones before, now with over 650 sickened, 150 hospitalized and nine deaths, but eerily similar to those that have come before it...
Off to Vegas and Palm Springs for Food Safety Speeches - Rough Duty, but Someone Has to Do It
Posted on February 21, 2009I have been up to my knees in Poisoned Peanut Butter over the last few weeks. Between Congressional Hearings, Criminal Investigations, Bankruptcies, Lawsuits, a Declaratory Judgment Action, more Lawsuits and suing Mr. Parnell (aka Peanut Tycoon) personally, the speeches I am giving at the National Meat Association in Vegas (Sunday/Monday) and the Grocery Manufacturers/Food Products Association in Palm Springs (Tuesday/Wednesday) this coming week came up fast...
Cysticercosis - Pork Tapeworm
Posted on February 20, 2009Cysticercosis (SIS-tuh-sir-KO-sis) is a potentially serious disease of humans caused when people ingest the eggs of a tapeworm that lives in the intestines of other humans. This tapeworm, Taenia solium, is sometimes called the “pork tapeworm” because people get this type of tapeworm from eating undercooked pork...
E. coli O157:H7 Impacts Your Friends, Neighbors, the Young and Old
Posted on February 20, 2009The following five short videos (you might need to download Quicktime), I hope tell the story of what this nasty bug, E. coli O157:H7, can do and why it needs to be prevented.
Stewart Parnell to be added personally to Peanut Butter Salmonella Suits
Posted on February 19, 2009It is clear given the revelations (and emails) form last weeks Congressional Hearings, that Mr. Parnell needs to be personally involved in this litigation. The below amended complaint will be filed this afternoon:
Parnhell or Parnell? Must be a Typo?
Posted on February 18, 2009Given the bankruptcy of the Peanut Corporation of America, and the resent disclosures of the knowledge of Stewart Parnell in shipping Salmonella-tainted peanut products, we are in the process of amending our complaints to name Mr. Parnell personally as a defendant...
So, what about the Peanut Corporation of America Virginia Facility?
Posted on February 17, 2009I am loving this Web Archive Site. I received an email from one of my subscribers asking, “Bill, the CDC and FDA have linked nearly 650 illnesses and nine deaths to PCA’s facility in Blakely, Georgia and the Colorado Department of Health may have linked some of the illnesses to the Plainview, Texas Plant...
CDC - New Salmonella Numbers in Peanut Butter Outbreak
Posted on February 17, 2009642 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 44 states. The number of ill persons identified in each state is as follows: Alabama (2), Arizona (13), Arkansas (6), California (76), Colorado (15), Connecticut (10), Florida (1), Georgia (6), Hawaii (4), Idaho (16), Illinois (9), Indiana (9), Iowa (3), Kansas (2), Kentucky (3), Maine (5), Maryland (8), Massachusetts (48), Michigan (35), Minnesota (39), Missouri (14), Mississippi (7), Nebraska (1), New Hampshire (13), New Jersey (23), New York (28), Nevada (6), North Carolina (6), North Dakota (17), Ohio (94), Oklahoma (4), Oregon (12), Pennsylvania (19), Rhode Island (4), South Dakota (4), Tennessee (13), Texas (9), Utah (6), Vermont (4), Virginia (21), Washington (18), West Virginia (2), Wisconsin (5), and Wyoming (2)...
Peanut Corporation of America Bankruptcy News
Posted on February 16, 2009I do not pretend to fully understand the secret codes of the bankruptcy lawyers and the Court. However, I have hired the same firm that helped me and my clients manage both the Chi-Chi and Topps Bankruptcies. The bottom line is that the victims must be protected from PCA’s and Mr...
Were Peanut Butter Web Pages Go to Die
Posted on February 16, 2009In a good example of whatever you put on the internet or in emails may come back to haunt you (hey, note that this stuff was "organic certified"), I found this choice quote by Stewart Parnell, President (a.k.a. “I'll take the fifth Parnell") on this web archive site link: At Peanut Corporation of America, we’ve become “The Processor of the World’s Finest Peanut Products” by delivering quality products and services at a fair price...
Where Peanut Butter Web Pages Go to Die
Posted on February 16, 2009In a good example of whatever you put on the internet or in emails may come back to haunt you (hey, note that this stuff was "organic certified"), I found this choice quote by Stewart Parnell, President (a.k.a. “I'll take the fifth Parnell") on this web archive site link: At Peanut Corporation of America, we’ve become “The Processor of the World’s Finest Peanut Products” by delivering quality products and services at a fair price...
So, why no Salmonella Typhimurium cases in Alaska, Montana, Delaware, Louisiana, New Mexico or South Carolina?
Posted on February 14, 2009Last week, I was hired by the one case in Florida, so Florida is now on the map. So, why no cases in Alaska, Montana, Delaware, Louisiana, New Mexico or South Carolina? They eat no peanut butter? Someone should call the states' health departments...
Six Colorado cases of Salmonella Poisoning traced to Texas plant
Posted on February 14, 2009Lynne Terry (aka “peanut girl”) of the Oregonian broke the story yesterday that Colorado Health Officials have traced six Salmonella illnesses to the now closed Peanut Corporation of America’s (PCA’s) Plainville, Texas plant of Peanut Corporation of America...
Guest Blog - Denis W. Stearns - "THE MARKET FOR PEANUTS: WHY FOOD IN THE U.S. MAY NEVER BE SAFE"
Posted on February 13, 2009In the ongoing political (and legal, and historical, and economic) arguments about the regulation of social and economic activity by governments and government agencies, one of the dominant theoretical controversies has been over the answer to this question: Do regulations “interfere” with the market-place by creating unnecessary inefficiencies and higher costs, or are regulations a necessary corrective for the inevitable “failures” of an unregulated (or “free”) market? While this controversy remains justifiably open in the context of the markets for many products and services—e...
Should there be Department of Food? Or, perhaps a single Food Safety Agency?
Posted on February 13, 2009I was asked the other day by the Editors of the NYT to join in a discussion at “Room For Debate,” about a single food safety agency and to post a 300-400 word position. After whacking away at it, I finally got it down to size. Here was my original submission: Perhaps it was Nicholas Kristof who coined it – “Department of Food” in his recent Op-ed in the New York Times...
Peanut Corporation of America Files for Bankruptcy
Posted on February 13, 2009Not really unexpected. Hartford Insurance, however, has $12,000,000 per policy period - perhaps as much $40,000,000 total to cover claims of victims of this tragedy. Also, manufacturers like Kellogg and King Nut are morally and legally responsible for the products they manufactured and sold...
Stewart Parnell and King Nut, if you have access to the internet, please look at the video
Posted on February 13, 2009We provided this video clip to the Congressional Subcommittee investigating this Salmonella outbreak that has sickened over 640, hospitalized 150 and killed nine. Clifford's son, Lou, offered his testimony to the Subcommittee as well. Clifford was a hero, who should not have died from eating King Nut peanut butter...
It is good to be back in the "other" Washington
Posted on February 12, 2009I was honored to be in Washington DC to hear victims testify before the House subcommittee for Oversight and Investigations about the illness and death caused by tainted peanut butter. Lou Tousignant spoke about his father, who survived the Korean War with three purple hearts, only to be killed by peanut butter...
So, do you think the Obama's are thinking about Peanut Butter tonight?
Posted on February 10, 2009Well, I am sure I am breaching some sort of national security something or another, staying here at the Hay Adams Hotel across the street from Lafayette Park. But, I could not help but think about the one thing that binds us all together as Americans - for or against the "bail out" or not - President Obama and his family, or the fellow I gave $20 too about two blocks form the White House - we all eat (or want too) and we all love out kids and our parents...
Three More Lawsuits Filed in Poisoned Peanut Butter Case
Posted on February 10, 2009In addition to the first filed case against Peanut Corporation of America and Kellogg (Meunier) we filed on the 20th of January, yesterday we filed the following in Georgia Federal Court. Bryson Trone is a three year old resident of California. He consumed "Austin" brand peanut butter crackers on multiple occasions on or around December 25, 2008...
Committee on Energy and Commerce - Subcommittee on Oversight and Investigations - Hearing
Posted on February 10, 2009I am looking forward to the Hearing in the morning. So is the Subcommittee if the letter to Mr. Parnell is an example. I may be allowed to submit written testimony in the morning. Click on below to see overview of Hearing:
Peanut Butter Public Relations - Sometimes it is Better to Say "I'm Sorry"
Posted on February 08, 2009Lets get this straight, Peanut Corporation of America’s Salmonella-tainted peanut butter products, according to the CDC, have sickened 575 in 43 States and Canada with nearly 150 hospitalized and eight deaths. Salmonella has been found in cans of King Nut peanut butter and in Kellogg crackers linked to the PCA plant...
Consumer Question to Congress - "You idiot. What have you all been doing?'
Posted on February 08, 2009I was reading Michael Moss’s article in the New York Times a few moments ago, “Safety Net Missed Problems at Peanut Plant,” and I was struck by the quote below as I am about to leave for Washington DC in the morning: David Marshall’s wife testified before Congress in 2007 after his mother, Mora Lou Marshall, of Shreveport, La...
Pros and Cons of Commercial Irradiation of Fresh Iceberg Lettuce and Fresh Spinach: A Literature Review - Part V. Conclusions
Posted on February 08, 2009“Never confuse movement for action.” Ernest Hemingway As this multi-part series on FDA’s new rule approving commercial irradiation of fresh iceberg lettuce and fresh spinach comes to its conclusion, it is important to ask if and how this movement by the regulatory agency can be translated into action by industry and consumers to promote public health...
NPR - Georgia Aims To Hold Food Processors Accountable
Posted on February 08, 2009John Sepulvado - National Public Radio - Weekend Edition Sunday, February 8, 2009 · As a result of the salmonella outbreak at a Georgia peanut plant, state officials are drafting a bill that would require food processors to report self tests. If Georgia passes the law, it could be among the strictest in the nation...
Peanut Butter Update - 575 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states.
Posted on February 06, 2009The number of ill persons identified in each state is as follows: Alabama (2), Arizona (12), Arkansas (5), California (74), Colorado (13), Connecticut (9), Georgia (6), Hawaii (4), Idaho (15), Illinois (6), Indiana (7), Iowa (3), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (47), Michigan (30), Minnesota (36), Missouri (12), Mississippi (6), Nebraska (1), New Hampshire (11), New Jersey (23), New York (22), Nevada (6), North Carolina (6), North Dakota (13), Ohio (80), Oklahoma (2), Oregon (11), Pennsylvania (17), Rhode Island (4), South Dakota (4), Tennessee (11), Texas (6), Utah (5), Vermont (4), Virginia (21), Washington (17), West Virginia (2), Wisconsin (3), and Wyoming (2)...
Candidate for top FSIS job talks E. coli testing, irradiation, education
Posted on February 06, 2009By Ann Bagel Storck on 2/6/2009 As buzz abounds around who will be the next under secretary of USDA's Food Safety and Inspection Service, Bill Marler's name frequently has been part of the conversation. The Seattle-based attorney, managing partner at Marler Clark LLP, is best known for his food-borne illness cases, but he also speaks about food safety and litigation prevention to companies worldwide, including ConAgra Foods last summer...
Five Minutes With Bill Marler, Well-known Lawyer, Food Safety Activist
Posted on February 06, 2009"He’s not quite the assassin in Armani that many in our business wish him to be." Cattlenetworks – Chuck Jolley I called Marler to ask a few pointed questions. You’ll find just two themes in this interview. (1) What the hell is going on? And (2) What will be the effects on the cattle industry...
E. coli O157:H7 outbreak in Colorado, Tied to Stock Show
Posted on February 06, 2009At least 20 people have been infected with E. coli O157:H7 in Colorado, and that number is expected to grow. The illnesses have been linked to the National Western Stock Show, held in Denver in January. 16 of the 20 sickened attended the show, and investigators are trying to determine the infection vehicle - food, water, or animals...
Hopefully, Peanut Corporation of America has good criminal lawyers
Posted on February 06, 2009The Food and Drug Administration had initially said Peanut Corporation of America (PCA) retested products after getting an initial positive result for Salmonella. The FDA and PCA said the company shipped the goods after follow-up tests came back negative...
Kellogg is Pulled into the Salmonella Peanut Butter Pit as the Hartford tries to escape
Posted on February 05, 2009Had a good talk this evening with Newsday reporter, Sarah Crichton, who I believe might well have been “Miss Peanut Australia” not long ago. We talked about the latest unfortunate episode in the unfolding saga of what amounts to a food safety train wreck...
Let's Poison the Troops and Victims of Diasters with Peanut Butter?
Posted on February 05, 2009You have to be kidding? According to Stars and Stripes - Europe-bound bulk meals used by U.S. military personnel contain peanut butter products that are part of a massive recall because of possible salmonella contamination. The U.S. military has pulled commercial products from store shelves and also from Unitized Group Rations-A, or what old-timers might call T-Rats (no comment needed)...
Examination of Federal Food Safety Oversight in the Wake of Peanut Products Recall
Posted on February 05, 2009Thursday, February 05 2009, 10:00am - 12:00pm Senate Committee on Agriculture, Nutrition & Forestry Examination of Federal Food Safety Oversight in the Wake of Peanut Products Recall Date: Thursday, February 5, 2009 Time: 10:00 a.m. Place: 216 Hart Senate Office Building Panel I Dr...
Kellogg's Audits gave Peanut Corporation of America "an overall superior rating" - King Nut did no Audit at all
Posted on February 05, 2009I am looking forward to sending subpoeans to the "food safety" auditors of Peanut Corporation of America. Again, save those documents all. For weeks now, I have been hammering on all involved in this outbreak for full disclosure and transparency...
Mr. Bill Goes Back to Washington, Yet Again
Posted on February 05, 2009Salmonella Contamination Hearing Subcommittee on Oversight and Investigations 10:00 a.m. February 11, 2009 2123 Rayburn House Office Building I have been asked to bring some clients from the recent Salmonella outbreak to Washington DC to give the Subcommittee a flavor of what it is like for your child to eat peanut butter and watch your child become ill, and for your father to eat peanut butter and watch your father die...
Peanut Butter CSI - Complements of CDC, State Heath Labs and Peanut Corporation of America
Posted on February 04, 2009Somethings Smelly in Blakely Georgia
Posted on February 04, 2009Another press release from Peanut Corporation of America: There has been a great deal of confusing and misleading information in the media. We want the public to know that there were regular visits and inspections of the Blakely facility by federal and state regulators in 2008...
FEATURE - American Association of Justice Trial Magazine - "Serving up trouble" - William D. Marler Esq.
Posted on February 04, 2009When foodborne illness outbreaks occur, the source of the contamination is not always clear. Lawyers pursuing foodborne illness claims must carefully determine the applicable laws and identify the party that brought the product to market. These days, ready-to-eat produce is more popular than ever...
Hartford Insurance Company Throws Peanut Corporation of America Under the Bus
Posted on February 04, 2009Talk about kicking a guy when he is down? Peanut Corporation of America (PCA) is facing lawsuits, criminal sanctions and a Congressional hearing and then Hartford today files a Declaratory Judgment Action against it. Frankly, I read this suit several times and still do not see what the fight is about...
Associated Press - AP - should stand for "All Peanuts" News
Posted on February 03, 2009Brett Blackledge (aka, "Mr. Peanut") of “All Peanuts” News broke another story in the never-ending saga of Peanut Corporation of America (PCA). This time the story is that PCA’s Plainview, Texas facility that “blanches, dry roasts, oil-roasts and chops peanuts, then ships them to food companies across the country,” was operating without a license...
Marler: Health surveillance key to fresh produce By Tom Karst
Posted on February 03, 2009Interview with Tom Karst of the Packer.com In Bill Marler’s view, the case is closed.?? In the wake of yet another long running salmonella investigation – this time linked to peanut butter – the Seattle-based food safety lawyer said he believes there is more than enough proof that federal and state governments need to increase their investment in foodborne illness surveillance...
Jolley: Five Minutes with Bill Marler, Well-known Lawyer, Food Safety Activist - Cattlenetwork.com
Posted on February 03, 2009This full interview with Mr. Jolly should be up on www.cattlenetwork.com shortly. Did you know that the government needed permission from the Peanut Corporation of America before they could announce a huge recall of its products? Even after the feds began looking into felony charges against PCA management? Legally, the wording of the recall statement had to be approved by the company before the Food and Drug Administration could publish it...
Georgia Steps up to test food for "the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption"
Posted on February 03, 2009The Georgia State Legislature will consider amending Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated relating to adulteration and misbranding of food: so as to change certain provisions relating to prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes...
From China - the folks that brought you Melamine in baby formula - now they will not buy our Peanut Butter?
Posted on February 03, 2009China has banned food imports from eleven United States-based companies whose products have been tainted with peanut butter or paste that contain salmonella bacteria, Wednesday's China Daily reported. The blacklisted eleven food manufacturers include the Peanut Corporation of America (PCA), considered the source of the contamination, and also the breakfast cereal maker Kellogg, according to the General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)...
President Obama is Our Best Model For A Safe Food System
Posted on February 02, 2009President Obama was quoted this morning: “At bare minimum, we should be able to count on our government keeping our kids safe when they eat peanut butter,” Obama told [Matt] Lauer in the interview, which was conducted Sunday at the White House...
2006 Nebraska Beef E. coli Case Resolved
Posted on February 02, 2009I’ve been waiting a long time to make this post – more than two years. Today we settled a lawsuit against Nebraska Beef Inc. on behalf of two Longville, Minnesota families, those of Ellie Wheeler and Carolyn Hawkinson. We have been litigating for a long, long, time, and today a settlement was reached (for an undisclosed sum)...
H.R. 759 - Its purpose it to provide FDA with power/means to increase food safety
Posted on February 02, 2009Just got this - going to read it - all 137 pages.
White House: Stricter Food Safety Rules are Coming - Its About Time
Posted on January 31, 2009The White House is pledging stricter oversight of food safety in response to a Salmonella outbreak that has sickened more than 500 people in the United States and Canada and killed at least eight. Press secretary Robert Gibbs said Friday that President Barack Obama plans to announce a new Food and Drug Administration commissioner and other oversight officials in the coming days...
More Peanut Butter Press Quotes - Friday, January 30, 2009
Posted on January 31, 2009Feds rarely file charges in tainted food cases "There have been innumerable times they could have prosecuted but didn't," said Bill Marler, a Seattle-based food safety lawyer who has filed two lawsuits against Peanut Corp. of America over the recent outbreak...
What's the Connection with Georgia Peanuts and Salmonella Tennessee?
Posted on January 31, 2009We all remember that on June 1, 2007, the CDC reported that a total of 628 persons had been infected with the outbreak strain of Salmonella serotype Tennessee in 47 states since August 1, 2006. Rumor has it that that number was actually in excess of 700 (perhaps 714)...
The USDA does have its hands in the peanut jar
Posted on January 31, 2009In yet another indicator of the confusion of who is in charge over what food - FDA or USDA - Local, State or Federal Regulators, hat tip to Bob Keefe for his story today - Troubled peanut firm’s chief also an industry quality adviser - in the Atlanta Journal-Constitution...
Chopped Peanuts from Peanut Corporation of America were Refused by Canada and Returned to United States in September, 2008 - Where did the Peanuts Go?
Posted on January 30, 2009And people say investigative journalism is a lost art. Hat tip to Sharon Theimer and Ricardo Alonso-Zaldivar of AP for uncovering that “weeks before the earliest signs of a national Salmonella outbreak that now has been traced to peanuts from a Georgia processing plant, peanuts exported by [Peanut Corporation of America] were found to be contaminated and were returned to the United States...
Peanut Butter Salmonella - The Seven Year Old and the President
Posted on January 30, 2009The New York Times story in the morning profiles Christopher Meunier, age 7, who is my client in the most recent Salmonella Peanut Butter Outbreak. He suffered a high fever, bloody diarrhea, vomiting and was hospitalized for six days because he ate peanut butter...
Criminal Investigation Launched in Peanut Butter Poisoning
Posted on January 30, 2009The FDA, OCI and DOJ are now investigating Peanut Corporation of America according to the press conference happening right now. According to the CDC 529 people have been confirmed as ill and linked to this Salmonella outbreak.
The Salmonella Body Count Continues
Posted on January 30, 2009CDC reported today that 529 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (2), Arizona (11), Arkansas (5), California (68), Colorado (13), Connecticut (9), Georgia (6), Hawaii (3), Idaho (13), Illinois (6), Indiana (6), Iowa (3), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (43), Michigan (26), Minnesota (36), Missouri (9), Mississippi (3), Nebraska (1), New Hampshire (11), New Jersey (23), New York (20), Nevada (5), North Carolina (6), North Dakota (12), Ohio (72), Oklahoma (2), Oregon (11), Pennsylvania (14), Rhode Island (4), South Dakota (4), Tennessee (9), Texas (6), Utah (5), Vermont (4), Virginia (21), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2)...
The Federal Food, Drug, and Cosmetic Act Overview of Food Adulteration and Criminal Sanctions
Posted on January 30, 2009I received a lot of email and calls from folks today wanting to get some understanding of what might be facing The Peanut Corporation of America (PCA). Here are my thoughts: The Federal Food, Drug, and Cosmetic Act was passed by Congress in 1938 in reaction to the growing public safety demands...
Top Health Search in Google News - Salmonella Peanut Butter
Posted on January 29, 2009Perhaps this time the public, the manufacturer's of our food and our politicians will get off their... hands and do something about improving the safety of our food supply? People seem interested - for a moment. And, at least I get to comment...
Following One of the Largest US Food Recall, Marler Clark Files Second Peanut Butter Salmonella Lawsuit After Calling on Peanut Corporation of America to Pay Medical Bills and Wage Loss
Posted on January 29, 2009One day after the Peanut Corporation of America (PCA) initiated one of the largest food recall in American history, foodborne illness law firm Marler Clark filed a second lawsuit in the Salmonella outbreak linked to their products. The lawsuit was filed against PCA in the US District Court of California, Northern District, on behalf of the Trone family of Crescent City, California...
Statement by the Parnell Family and Peanut Corporation of America (PCA)
Posted on January 29, 2009The following Press Release was posted on the Peanut Corporation of America website. The first and last parts seem to set a tone of contrition, but parts (dealing with testing of the product and knowingly shipping it) seem quite defiant: “The goal of Peanut Corporation of America over the past 33 years has always been to follow the U...
"Change is coming to America" Well, at Least to the Peanut Butter Industry
Posted on January 29, 2009A cyber-friend sent me this photo which reminds me of a poster I have seen a few times and a t-shirt my daughter wears daily. Perhaps I should sell these on line?
Congressional Hearings Scheduled for February and Labs Under Scrutiny in Salmonella Peanut Butter Illnesses and Deaths
Posted on January 29, 2009According to AP reports, Rep. Henry Waxman, D-Calif., chairman of the House Energy and Commerce Committee, will conduct hearings the week of February 11, 2009 into the cause of the Peanut Butter Outbreak that has sickened over 500 and killed eight. It is anticipated that Mr...
Peanut Corporation of America - A Sunny Day in Blakely - Salmonella Capital of the World
Posted on January 29, 2009Grocery Manufacturers Association Does it Correctly - Recall ALL Peanut Corporation of America Peanut Butter from January 1, 2007 to Present
Posted on January 28, 2009January 28, 2009 To: GMA Members From: Robert E. Brackett, Ph.D. Senior Vice President and Chief Science and Regulatory Affairs Officer Subject: URGENT Update on Salmonella Recall It is our understanding that the current recall of peanut butter and peanut paste produced by Peanut Corporation of America (PCA) will be expanded to ALL products coming out of the PCA facility in Blakely, Georgia after January 1, 2007...
FDA Form 483 Inspection of Peanut Corporation of America - A Company Out of Control
Posted on January 28, 2009Click below to get the full (somewhat redacted) 483 Inspection Report: Bottom line is that we are amending the complaint in the first filed civil case in Federal Court in Georgia to add a claim for Punitive Damages. Even the "American Peanut Council (APC) expressed its shock and dismay at findings that report the Peanut Corporation of America (PCA) knowingly released a product with potential salmonella contamination into the food supply...
Salmonella Outbreak Update - Politicians and the Media are Paying Attention
Posted on January 28, 2009While the Washington Post pondered if I would actually move from Seattle to Washington DC, yet another food recall was happening in the other - actual states. Here is a "round-up" of a few choice quotes: Minneapolis Star-Tribune Bill Marler, a Seattle attorney who has been suing food makers for years on behalf of people who get sick, said he’s never seen a company accused of shipping products that tested positive for a foodborne pathogen...
Serving Up Trouble - This Month's Trial Magazine
Posted on January 28, 2009When foodborne illness outbreaks occur, the source of the contamination is not always clear. Lawyers pursuing foodborne illness claims must carefully determine the applicable laws and identify the party that brought the product to market. These days, ready-to-eat produce is more popular than ever...
What Did The Georgia State Department of Agriculture Do at Peanut Corporation of America from 2006 to 2008?
Posted on January 28, 2009Interesting reading - just click to download.
USDA Nears Decision on Food Safety Chief - Is "Change" on the way?
Posted on January 27, 2009Ed O’Keefe of the Washington Post caught me by phone as I walked off the ferry Friday morning. Either way this goes, I hope someone reads this - "Open Letter to a New Under Secretary for Food Safety - FSIS - The End of E. coli Conservatism...
FDA and CDC - Four Types of Salmonella Found at Peanut Corporation of America
Posted on January 27, 2009According to AP, FDA and CDC officials say four kinds of salmonella have been identified in the growing investigation of tainted peanut products. A congressional official briefed on the investigation said health officials have identified four types of salmonella as they focus on a Georgia facility...
Washington Post "Outs" My Job Search
Posted on January 27, 2009Had a nice chat with Ed O’Keefe at 6:45 AM this morning (do you ever notice how people in DC think that their time must be your time?) for his post this afternoon – “Outspoken Food Safety Advocate Wants In.” Here is part of the post: Two leading candidates have emerged to serve as the Agriculture Department’s undersecretary for food safety, which leads the Food Safety Inspection Service (FSIS)...
Preview of FDA Form 483 Inspectional Observations of Peanut Corporation of America
Posted on January 27, 2009There were 12 instances when a private laboratory hired by PCA tested products for PCA and found Salmonella positives. These products were retested and when a negative test result was allegedly received, PCA shipped the products. In one of these cases, the Salmonella strain was Typhimurium...
Hepatitis A in Green Onions - Its Impact on One Man
Posted on January 26, 2009In late October 2003, Beaver County ER doctors reported an alarming number of Hepatitis A cases. Investigators from the Pennsylvania Department of Health initiated an investigation immediately and discovered that many, if not all, cases had eaten at Chi Chi’s restaurant in Monaca, Pennsylvania’s Beaver Valley Mall...
Three Families Spared Another Salmonella Peanut Butter Death - Ohio Reports 1 Not 4 Deaths
Posted on January 26, 2009There was a bit of confusion over the weekend about whether there were one or four deaths in Ohio from eating Salmonella-tainted Peanut Butter. At this point, we will assume that it is one per the Ohio Department of Health Press Release. Good news is that it downgrades the death count from 11 to eight...
Another Salmonella Peanut Butter Outbreak - "Those who cannot learn from history are doomed to repeat it."
Posted on January 26, 2009Five months after the Salmonella Typhimurium outbreak began, and nearly three weeks after the Minnesota Department of Health “spilled the beans” that tainted peanut butter was the vector, the public still has little idea why nearly 500 became ill with over 125 hospitalized and eight deaths...
"The more things change, the more they stay the same."
Posted on January 26, 2009A quote by French novelist Alphonse Karr seems to fit all to well when comparing the Epidemiologic Curve of both the ConAgra 2006-2007 and the Peanut Corporation of America 2008-2009 Salmonella Peanut Butter Outbreaks.
E. coli O157:H7 in Bagged Spinach - Its Impact on One Woman
Posted on January 26, 2009Official word of the bagged spinach outbreak broke with the FDA’s announcement, on September 14, 2006, that a number of E. coli O157:H7 illnesses across the country “may be associated with the consumption of produce.” Meanwhile, the FDA and CDC, in conjunction with local and state health agencies from across the country, worked feverishly to figure out the brand names associated with illness...
C. Botulinum Toxin - Botulism - in Canned Chili - Its Impact on One Man
Posted on January 26, 2009On July 7, 2007, the Centers for Disease Control and Prevention (“CDC”) learned that two siblings in Texas were critically ill with botulism and that their illnesses were likely acquired by eating contaminated food. Four days later on July 11, public health officials in Indiana reported to the CDC that a married couple in Indiana were suspected of having foodborne botulism...
The New York Times Reports that Peanut Corporation of American was Cited for Violations in Past
Posted on January 26, 2009(Actually, Channel 11 in Georgia reported it first). 491 (Actually 501) persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. Eight are dead. According to the CDC, patients range in age from <1 to 98 years; 48% are female and 22% reported being hospitalized...
The New York Times Reports that Peanut Corporation of America was Cited for Violations in Past
Posted on January 26, 2009(Actually, Channel 11 in Georgia reported it first). 491 (Actually 501) persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. Eight are dead. According to the CDC, patients range in age from <1 to 98 years; 48% are female and 22% reported being hospitalized...
Subscribe to Marler Blog and Jump in with Comments
Posted on January 25, 2009As this peanut butter recall expands, so has the readership of my blog (up 150%) and subscribers (up 20%). Subscribe to Marler Blog and jump in with comments.
Ohio appears to be the State with most Peanut Butter Salmonella Illnesses and Deaths
Posted on January 25, 2009Sixty-seven cases of Salmonella poisoning have been reported in Ohio, the most in any state during a nationwide outbreak linked to peanut butter products. The Ohio Department of Health announced Friday that four deaths have been reported among the 67 cases and 19 people have been hospitalized...
Salmonella Peanut Butter Deaths - Ohio Counts 4, Minnesota 3, Virginia 2, Idaho 1 and North Carolina 1
Posted on January 24, 2009It is likely that bird or rat feces in the peanut butter stated all of this. The FDA list of products containing peanut butter continues to grow as does the list of the deaths. This morning Ohio reported four more deaths linked to Salmonella-tainted peanut butter...
Ron Hicks Named Acting USDA FSIS Deputy Under Secretary for Food Safety
Posted on January 24, 2009Agriculture Secretary Tom Vilsack has appointed Ron Hicks to lead the Office of Food Safety during the interim of the incoming administration. Mr. Hicks recently served as FSIS’ Chief Operating Officer. In this position, he monitored the daily operations of the Agency with a focus on the design, operations and improvement of FSIS’ management systems...
Updated Again - Salmonella Peanut Butter Deaths - Ohio Counts 4, Minnesota 3, Virginia 2, Idaho 1 and North Carolina 1
Posted on January 24, 2009It is likely that bird or rat feces in the Peanut Corporation of America peanut butter started all of this. There is the ever-expanding list of Salmonella free products. The FDA list of products containing tainted peanut butter continues to grow as does the list of the deaths...
Updated Again and Again - Salmonella Peanut Butter Deaths - Ohio Counts 4, Minnesota 3, Virginia 2, Idaho 1 and North Carolina 1
Posted on January 24, 2009It is likely that bird or rat feces in the Peanut Corporation of America peanut butter started all of this. There is the ever-expanding list of Salmonella free products. The FDA list of products containing tainted peanut butter continues to grow as does the list of the deaths...
Up Early - Talking Salmonella Peanut Butter at 3:00 AM
Posted on January 23, 2009Had the pleasure to join John Hockenberry, Adaora Udoji and Nadia Zonis to talk about - "How to make our food safety system stronger" Salmonella-tainted peanut butter has sickened close to five hundred people in 43 states, and killed six. People started getting sick back in September, but the FDA has only recently pinpointed the source of the infection - King Nut brand peanut butter manufactured by Peanut Corporation of America in Blakely, Georgia...
Third Minnesota Death Linked to Salmonella Tainted Peanut Butter
Posted on January 23, 2009Deaths have now hit seven; hospitalizations 108, with nearly 500 total sickened. Peanut Corporation of America (PCA) has now laid off its employees; bankruptcy is in the offing because PCA only has $10,000,000 in insurance. Nearly 200 lines of peanut products have been recalled...
CDC Now Reports 491 Persons Ill with Salmonella Typhimurium Peanut Butter in 43 states and Canada, 108 Hospitalized and 7 Dead
Posted on January 23, 2009The number of ill persons identified in each state is as follows: Alabama (1), Arizona (10), Arkansas (4), California (62), Colorado (12), Connecticut (9), Georgia (6), Hawaii (3), Idaho (11), Illinois (6), Indiana (4), Iowa (2), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (42), Michigan (25), Minnesota (35), Missouri (9), Mississippi (3), Nebraska (1), New Hampshire (11), New Jersey (19), New York (18), Nevada (5), North Carolina (6), North Dakota (10), Ohio (67), Oklahoma (2), Oregon (7), Pennsylvania (14), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (6), Utah (5), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2)...
Salmonella in Peanut Butter - Its Impact on One Woman
Posted on January 23, 2009On February 14, 2007 the FDA announced a nationwide outbreak of Salmonella in ConAgra peanut butter produced at the Sylvester, Georgia plant. The CDC eventually reported that 714 people suffered culture-confirmed Salmonella Tennessee infection with a genetic pattern matching one of the three strains associated with the ConAgra outbreak...
Two Sentenced to Death in Melamine Milk Scandal in China - What United States Food Company Executives are Thinking?
Posted on January 22, 2009Reuters reported yesterday that a Chinese court sentenced two men to death for their role in the production and sale of melamine-tainted milk that killed at least six children and made nearly 300,000 ill. The former head of the dairy firm at the heart of the scandal, the now bankrupt Sanlu Group, got life in prison and a fine...
31,000,000 pounds of Peanut Butter Now Recalled
Posted on January 22, 2009From AP. Stunning, just stunning. I can not keep up with the FDA recall list. So far, the Food and Drug Administration has listed 181 products recalled nationwide because they contain peanuts or peanut paste linked to a salmonella outbreak traced to the Peanut Corporation of America...
Where Marler Blog Really Gets The News - Obamafoodorama and the Haphazard Gourmet Girls
Posted on January 21, 2009OK, I must admit, I am a bit pissed that the Washington Post found out where I get all my hot food topics - that "blog minx, Eddie Gehman Kohan," "Obamafoodorama" and the other "Haphazard Gourmet Girls." And, it has nothing to do with the picture of Eddie...
It Has Been a Busy Week with the Peanut Butter Press
Posted on January 21, 2009- "First suit tied to peanut butter-related salmonella outbreak is filed" - "Peanut processor faces lawsuit in salmonella outbreak" - "Burlington Mom sues over salmonella" - "Vermont couple sues peanut butter product maker, says 7-year-old son sickened by salmonella" - "FDA confirms salmonella in Kellogg peanut butter snack" - "FDA says to skip peanut-butter products" - "Peanut butter recall list grows" - "Feds do little to determine scope of spreading peanut butter poisoning" - "Government issues peanut butter warning"
Salmonella Typhimurium Peanut Butter Illnesses Increase By One to 486, CDC Does A Podcast and FDA List of Recalls Grow
Posted on January 21, 2009486 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states. The number of ill persons identified in each state is as follows: Alabama (1), Arizona (10), Arkansas (4), California (62), Colorado (12), Connecticut (9), Georgia (6), Hawaii (3), Idaho (11), Illinois (5), Indiana (4), Iowa (2), Kansas (2), Kentucky (3), Maine (4), Maryland (8), Massachusetts (42), Michigan (25), Minnesota (35), Missouri (9), Mississippi (3), Nebraska (1), New Hampshire (11), New Jersey (s19), New York (18), Nevada (5), North Carolina (4), North Dakota (10), Ohio (65), Oklahoma (2), Oregon (7), Pennsylvania (14), Rhode Island (4), South Dakota (2), Tennessee (9), Texas (6), Utah (5), Vermont (4), Virginia (20), Washington (13), West Virginia (2), Wisconsin (3), and Wyoming (2)...
Marler Girls at Inauguration
Posted on January 20, 2009Sydney, Olivia and Morgan waiting in the DC cold for the 44th President.
The Recall of Peanut Butter Products Grows as Do The Salmonella Illnesses
Posted on January 20, 2009As of a few moments ago, the FDA website has added at least two more recalled products. Please check the site and your cupboards. My advise is to simply stay away from peanut products for a few more days until things clear up a bit more. From the CDC - As of Sunday, January 18, 2009, 475 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada...
Peanut Corporation of America Salmonella Typhimurium Outbreak Update - 485 Ill from 43 States and Canada, 112 Hospitalized and 6 Deaths - List of Recalled Products
Posted on January 20, 2009I sometimes just have to look out the office window. The CDC reported today that 485 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. The FDA is adding more company press releases as the recall expands: *PetSmart Voluntarily Recalls Grreat Choice® Dog Biscuits (January 20)* * Nature's Path Recalls Peanut Butter Optimum Energy Bars Nationwide Because of Possible Health Risk (January 20) * Country Maid Announces Voluntary Nationwide Recall of Classic Breaks® Peanut Butter Cookie Dough Due to Possible Health Risk (January 20) * Evening Rise Bread Co...
UPDATE - Peanut Corporation of America Salmonella Typhimurium Outbreak Update - 485 Ill from 43 States and Canada, 112 Hospitalized and 6 Deaths - List of Recalled Products
Posted on January 20, 2009I sometimes just have to look out the office window. The CDC reported today that 488 persons infected with the outbreak strain of Salmonella Typhimurium have been reported from 43 states and Canada. The FDA is adding more company press releases as the recall expands: * Chef Jay’s Food Products Announces Voluntary Nationwide Recall of Products Containing Peanut Butter Due to Possible Health Risk (January 21) * Rain Creek Baking Corporation Announces Voluntary Withdrawal of Peanut Butter Turtles, Peanut Butter Baskets and Peanut Butter Princesses Due to Possible Health Risk (January 22) * South Bend Chocolate Company Extends Nationwide Recall of Candy Containing Peanut Butter Because of Possible Salmonella Contamination (January 22) New! * Nash Finch Recalls Bakery Products With Peanut Butter Distributed in Seven States Due to Possible Health Risk (January 20) * Aspen Hills, Inc...
Epi-Curve of Peanut Butter Salmonella Typhimurium Outbreak 2008 - 2009
Posted on January 19, 2009From the CDC - showing illness beginning August 30, 2008 (just got off the phone with the nice lady) linked to Peanut Butter consumption. Last illness shown is January 2, 2009, but it is expected that the green bars will continue to the right as more cases are counted over the coming weeks...
UPDATE - Does Peanut Corporation of America supply Peanut Butter for Dog Biscuits?
Posted on January 19, 2009Email I just received: So this may just be coincidental, but I have had a very sick dog for the last few days and the only real difference in her diet has been the new peanut butter dog biscuits I purchased a little over a week ago. Where do the pet food industries get thier peanut butter from? Any thoughts? Just got this email: PCA did recall: 561000 35 lb Pet Food Paste 561000 475 lb Feed Grade Peanut Butter
FDA Confirms Salmonella in Previously-Recalled Kellogg Sandwich Cracker Product
Posted on January 19, 2009As part of the “press release a minute,” Kellogg announces that FDA tests reveal that some of its cracker products are contaminated. Products impacted by the previously-announced Kellogg Company recall were produced on or after July 1, 2008, including: Austin(R) Quality Foods Cheese Crackers with Peanut Butter - all sizes Austin(R) Quality Foods Cheese & Peanut Butter Sandwich Crackers - all sizes Austin(R) Quality Foods Mega Stuffed Cheese Crackers with Peanut Butter - all sizes Austin(R) Quality Foods PB & J Cracker Sandwiches - all sizes Austin(R) Quality Foods Super Snack Pack Sandwich Crackers Austin(R) Quality Foods Chocolate Peanut Butter Sandwich Crackers - all sizes Austin(R) Quality Foods Toasty Crackers with Peanut Butter - all sizes Austin(R) Quality Foods Reduced Fat Cheese & Peanut Butter Sandwich Crackers Austin(R) Quality Foods Reduced Fat Toasty Crackers with Peanut Butter Sandwich Crackers Austin(R) Quality Foods Cookie/Cracker Pack Austin(R) Quality Foods Variety Pack Keebler(R) Cheese & Peanut Butter Sandwich Crackers - all sizes Keebler(R) Toast & PB'n J Flavored Sandwich Crackers - all sizes Keebler(R) Toast & Peanut Butter Sandwich Crackers - all sizes Famous Amos(R) Peanut Butter Cookies (2- and 3-ounce) Keebler(R) Soft Batch Homestyle Peanut Butter Cookies (2...
How did Salmonella Get into our Peanut Butter and then into Everything Else?
Posted on January 19, 2009I got an email last night from Washington DC asking with all the news of the recalls, how did the Salmonella get into the peanut butter in the first place and how did it get “spread” into seemingly everything else? Well the first part is easy – its likely bird or rodent shit...
Peanut Corporation of America Expands Nationwide Recall of Peanut Butter - Again - After Salmonella Found in Blakely, Georgia Plant
Posted on January 19, 2009As I said on King TV last night: "This outbreak has been going on since Labor Day," said Seattle attorney Bill Marler. "We're finally figuring it out on Inauguration Day. To me, I find that appalling.” From a Company Press Release on FDA Website: Peanut Corporation of America (PCA) is expanding the recall of peanut butter and peanut paste made at its Blakely, Georgia facility because the products have the potential to be contaminated with Salmonella...
More Salmonella Peanut Butter Press
Posted on January 19, 2009Talked to the folks at USA Today between fielding phone calls of upset parents and family members of people, many kids, sickened with Salmonella-tainted Peanut Butter. The story in part reads: The pace of new recall announcements has been slow, some food-safety experts say...
Lawsuit to be Filed in Nationwide Outbreak of Salmonella in Peanut Butter
Posted on January 19, 2009A lawsuit stemming from the national outbreak of Salmonella Typhimurium in peanut butter will be filled Tuesday against the Peanut Corporation of America (PCA) in the US District Court, Middle District of Georgia. The complaint was filed on behalf of Vermont residents Gabrielle and Daryl Meunier, whose son was sickened in the outbreak...
When Will China Ban US Peanut Butter?
Posted on January 19, 2009I am just waiting for the gleeful press release from China - "China Says Nope to US Peanut Butter." I can hear the howling of US interests who abhor imports of all kinds - people, food (poisoned or not) - Lou Dobbs, are you listening? Hey, not to say that China's food production safety record is anything to cheer about, but over the years US food production has done a wonderful job of poisoning US citizens...
The Press Releases are Flying - Are the Products Leaving the Shelves?
Posted on January 18, 2009More products with Peanut Butter in them are being recalled. Frankly, it is hard to keep up on the company press releases - The FDA is sure "doing a heck of a job" of keeping them in one place - see Link * South Bend Chocolate Company Recalls Various Candys Containing Peanut Butter Because of Possible Salmonella Contamination (January 18) * Ralcorp Frozen Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because of Possible Health Risk (January 18) * McKee Foods Corporation Announces Voluntary Nationwide Recall of Little Debbie® Peanut Butter Toasty and Peanut Butter Cheese Sandwich Crackers Because of Possible Health Risk (January 18) * Perry's Ice Cream Company Announces Voluntary Recall of Select Peanut Butter Ice Cream Products Due to Possible Health Risk (January 17) * Hy-Vee Inc...
Mr. Almost President Obama, I know you have a lot of other things on your plate, but putting peanut butter back in your girls' lunches should be on your list.
Posted on January 18, 2009The FDA asked us all to not eat peanut butter yesterday. Companies with any amount of peanut butter from The Peanut Corporation of America are now battling each other to get the next Press Release out touting the next recall. After illnesses began on Labor Day 2008, to have this warning days before Inauguration Day is embarrassing...
When is a Recall not a Recall? When you still can buy it!
Posted on January 18, 2009On January 16 Kellogg Company Announced the Voluntary Nationwide Recall of Austin® and Keebler® Branded Peanut Butter Sandwich Crackers and Select Snack-Size Packs of Famous Amos® And Keebler® Soft Batch Peanut Butter Cookies Because of Possible Health Risk...
Update - Again - on the Salmonella Peanut Butter Crash of 2009 - Product Not to Eat and Recalled
Posted on January 18, 2009Yesterday, "[t]he FDA urged consumers on Saturday to avoid eating peanut butter and products that contain it until they can determine the scope of an outbreak of Salmonella food poisoning that may have contributed to six deaths." Also, on the FDA website it lists products that have been recalled by companies: * South Bend Chocolate Company Recalls Various Candys Containing Peanut Butter Because of Possible Salmonella Contamination (January 18) * Ralcorp Frozen Bakery Products Recalls Food Lion Bake Shop Peanut Butter Cookies Nationwide Because of Possible Health Risk (January 18) * McKee Foods Corporation Announces Voluntary Nationwide Recall of Little Debbie® Peanut Butter Toasty and Peanut Butter Cheese Sandwich Crackers Because of Possible Health Risk (January 18) * Perry's Ice Cream Company Announces Voluntary Recall of Select Peanut Butter Ice Cream Products Due to Possible Health Risk (January 17) * Hy-Vee Inc...
Survival of Antibiotic Resistant Salmonella in Peanut Butter
Posted on January 18, 2009Sent by a friend even more obsessive then me: Title: SURVIVAL OF ANTIBIOTIC RESISTANT SALMONELLA IN PEANUT BUTTER Presenter: Kilonzo-Nthenge Agnes, http://tnstate.edu/ Date: Thursday, February 07, 2008 Kilonzo-Nthenge Agnes*, Emily Rotich, and Sandria Godwin...
Recall List Expanding - The Press Releases are Flying - Are the Products Leaving the Shelves?
Posted on January 18, 2009More products with Peanut Butter in them are being recalled. Frankly, it is hard to keep up on the company press releases - The FDA is sure "doing a heck of a job" of keeping them in one place - see Link. efoodalert is doing an even better job at keeping up (full time job) - see Link...
The Great Salmonella Peanut Butter Crash of 2009
Posted on January 17, 2009I sent off a press release this morning asking for the FDA to do its job and recall peanut butter likely implicated in this recent Salmonella outbreak, and then I leave Minneapolis for the short flight to Seattle. So, guess what happens when I am in the air - The FDA does its job...
Marler Clark: FDA Must Widen Salmonella Peanut Butter Recall
Posted on January 17, 2009I am calling on the FDA to request recalls of foods containing peanut butter products manufactured in the Peanut Corporation of America’s (PCA) Blakely, GA plant. Tests have shown that product produced in the facility carries the outbreak strain of Salmonella Typhimurium, which has sickened at least 453 people in 43 states and Canada and may have contributed to six deaths...
Kellogg's, Being Responsible, Recalls Salmonella Peanut Butter Products - It is Time for the FDA to Recall All Products that " present a risk of illness."
Posted on January 17, 2009Kellogg is recalling 16 pr