CDC Warns Public of Chick Risk

Peep, chirp, quack! one chick just hatched

Th CDC warns the public of the risk of Salmonella being transferred from chicks to humans.

Why parents should think twice before giving baby birds for Easter:

Easter brings to mind brightly colored eggs, baskets full of candy, and large chocolate bunnies. Traditions associated with the Easter season are enjoyable for children and adults alike. However, some Easter traditions are of particular concern for children, placing them at risk for serious illness. Baby animals, including baby chicks and ducks, are sometimes given as gifts or put on display at this time. Because they are so soft and cute, many people do not realize the potential danger baby chicks and ducklings can be to small children. Young birds often carry harmful bacteria called Salmonella. And, each spring some children become infected with Salmonella after receiving a baby chick or duckling for Easter.

Harmful bacteria carried in the chick’s and duckling’s intestine contaminates their environment and the entire surface of the animal. Children can be exposed to the bacteria by simply holding, cuddling, or kissing the birds. Children are most susceptible to infection because they are more likely than others to put their fingers into their mouths and because their immune systems are still developing. Others at increased risk include persons with HIV/AIDS, pregnant women, the elderly and other immunocompromised persons.

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"Hangin' with Sanjay


I spent Tuesday (beginning at 7:00 AM in 40 degree weather) with Dr. Sanjay Gupta and a camera crew from CNN traveling around Salinas and San Juan Bautista investigating the cause of the 2006 Dole Spinach E. coli Outbreak.  I found Dr. Gupta very well informed and fair in his questions (probably because his wife is a lawyer).  I was also impressed with both his concern for the victims of the illnesses, but also for the farmers and workers impacted by the downturn in spinach sales.  I hope the show they are filming continues progress in food safety.

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Food fight


Alex Pulaski of the Portland Oregonian had been working on the following piece for the last several weeks:
When something goes terribly wrong with peanut butter, lettuce or spinach, Bill Marler starts adding telephone lines to handle calls pouring into his Seattle office.

Marler has emerged as the country's preeminent plaintiff's lawyer in food-borne-illness cases. His firm has won nearly $300 million in settlements from restaurants and suppliers, and the financial drain -- coupled with Marler's constant calls for reform -- has leveled pressure on industry and government to better police food.

"Put me out of business," Marler repeats as his rallying cry.
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Dateline NBC Sunday, March 25, 7 p.m.


Dateline takes a look at problems in food safety. What's behind last year's rash of E. coli outbreaks? And is there anything the FDA can do to safeguard our produce?

See Video


One victim's story


Michelle Matthews of Eagle Creek, Utah, and her 2-year-old daughter Arabella both became seriously ill from spinach in early Sept. 2006. Arbella's kidneys shut down and she had to undergo dialysis and multiple blood transfusions.

"I thought, 'There's no way someone can suffer that much and survive,'" recalls Michelle.

According to Matthews, the doctors were upfront about the health dangers E. coli posed. There's no antidote for E. coli poisoning. Doctors just treat the symptoms and hope for the best.

And it didn't take much produce to poison little Arabella. "She had had a sandwich with spinach on it," says Michelle. "It was just a few leaves."

Arabella managed to pull through, but another toddler, 2-year-old Kyle Allgood, was not as fortunate. He was one of four who died in the outbreak.

"We can say all day long that we have the safest food system in the world," says Seattle attorney Bill Marler, who specializes in cases involving victims of E. coli-contaminated produce. "Well, we don't. And we have systems that are broken. We have things that need to be fixed."

Marler represents Michelle Matthews, who is suing Dole Foods and Natural Selections/Earthbound Foods to cover her past and future medical bills and her pain and suffering. He says the industry has known about and ignored the problem for years.

"It's easy in these situations to go, 'I'm not sure exactly what caused the problem, so there's nothing I can do. But I'm making a lot of money selling spinach and lettuce in a bag, so I'm going to keep doing that.' They didn't take the time to figure out what the problem was," says Marler.

A Taco Bell victim

Web-extra: Stephen Minnis of Pennsylvania never thought he would be susceptible to E. coli poisoning. He got sick after eating contaminated lettuce, and now has little trust in vegetable food safety.

See Video


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Marler Quotes of the Day

E. coli probe fails to solve outbreak - Mission Ranch officially named as source
By Dawn Withers, The Salinas Californian


Bill Marler, a Seattle-based attorney representing 93 people sickened from the outbreak, said he will decide in the next few weeks whether to add the three other farms to his lawsuits, which already target Mission Organics.

Government hails produce-handling rules - Voluntary guidelines for growers, packers were developed after spinach E. coli scare
By George Raine, San Francisco Chronicle


Bill Marler, a Seattle lawyer who represents 93 of the victims of the spinach E. coli outbreak and who was a plaintiffs' lawyer in the Jack in the Box and Odwalla E. coli cases in the 1990s, said the industry is fooling itself by self-regulation.

"The problem with voluntary good agricultural practices is they are voluntary," Marler said. One result of the Jack in the Box incident was rules for the meat industry enforced by Department of Agriculture, he said.

"The bottom line was that they produced mandatory good agricultural practices that were backed by inspections and bacteria product testing. Without that, it is meaningless," Marler said.


Tainted-spinach source identified - Report links contamination outbreak to single grower
By Brandon Bailey, San Jose Mercury News


"No one in the industry should take solace from the fact that Mission Organics is named as the most likely source of contaminated product," said Bill Marler, a Seattle attorney who represents nearly 100 victims of last fall's outbreak. "All of these farms could have the same problems."

Marler is suing the grower and the processor, Natural Selection Foods, as well as Dole Foods, which sold the spinach under its own label.

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Authorities Name Paicines Ranch as source in Fatal E. coli Outbreak



State and federal health departments have identified a ranch in San Benito County as the likely source of a recent E. coli outbreak in spinach that killed three people and sickened more than 200. Authorities for the first time say the E. coli contamination originated from the Paicines Ranch in San Benito County. The ranch breeds Angus cattle and quarter horses and leases land to crop growers.

On the Paicines Ranch website:

Our Statement About the Recent E. coli outbreak
We are deeply saddened by the results of the recent outbreak of E. coli found in spinach. It has been reported that the Paicines Ranch is under investigation. This is not true. The Paicines Ranch is not under investigation by any government agency. We lease row crop land to farmers. If you want to know whether a particular farmer is under investigation, you should ask them. Since we neither farm nor process row crops of any kind, we are unable to comment further.
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Investigators trace E. coli to small cattle ranch

"This industry is only as strong as its weakest link," said attorney Bill Marler, who is representing 93 of the outbreak victims. "The next time there is an outbreak, the whole industry is going to take a hit, not just the farmer who didn't sign the agreement."

Garance Burke of the Fresno Associated Press today wrote a comprehensive overview of the FDA’s report on the 2006 DOLE E. coli outbreak: story here
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E. coli attorney favors federal oversight of produce industry


By Clarissa Kell-Holland, staff writer of Land Line:

Defending victims of food-borne illnesses – like E. coli – has been attorney Bill Marler’s focus since 1993, now he has a new perspective on how hauling potentially contaminated loads of produce and the lack of federal regulations affects truckers.

How long can the produce industry continue to dance around mandatory regulation?

That’s the question famed E. coli attorney Bill Marler posed to Land Line Magazine when he responded to an article, “Produce industry still missing the point with self-regulation,” posted on Land Line’s daily Web news last week.

“To be honest with you, I never realized how wide of a swath has been impacted by the E. coli outbreak,” Marler told Land Line on March 16. “I didn’t even think of the impact on truckers.”

The E. coli outbreak in September 2006 piqued the interest of the Owner-Operator Independent Drivers Association, since many produce haulers were stuck with the financial and logistical responsibilities of disposing of potentially contaminated spinach. Some were not paid for their loads that weren’t even part of the recall because no regulations are in place to protect truckers in situations where produce has been recalled.

Marler's firm, Marler Clark, based in Seattle, has become one of the nation’s foremost law firms representing victims of food-borne illnesses. His firm is representing 93 victims of the recent E. coli outbreak, who were sickened after eating bagged spinach. So far, none of the clients Marler represents have received a penny, he said. However, a recent Iraq spending bill in Congress includes a provision that would give $25 million in federal aid to help spinach growers financially impacted by the E. coli scare, according to a recent article in The New York Times.

Earlier this week, U.S. Food and Drug Administration officials admitted that growing practices for fresh fruit and vegetables need to improve, but said they favor voluntary guidelines that would allow the produce industry to regulate itself.

Marler agrees with OOIDA leaders who say the FDA isn’t doing enough to ensure consumer confidence in eating leafy greens, and that federal oversight is needed to protect public health.

“Without some uniform standards that are applicable to everybody and more rigorous oversight, this is going to happen again,” Marler said. “It still kind of perplexes me when I go to these hearings and I listen to shippers and growers and hear them say they want a voluntary marketing agreement – basically dancing around regulation.

“But, they never really articulate a clear reason why they don’t want it. They are basically telling everybody publicly that they want it strictly enforced, but they want to enforce it themselves, and I think it’s kind of gone past that.”

Marler began litigating food-borne illness cases in 1993, when he represented victims of the highly publicized Jack-in-the-Box E. coli O157:H7 hamburger outbreak. His litigation helped change the United States Department of Food and Agriculture’s meat-inspection procedures.

E. coli contamination in meat is down almost 80 percent because of stringent USDA inspection procedures now in place, but the same stringent procedures must be applied to the produce industry, he said.

“Until the produce industry realizes they must change their practices and stop dancing around regulation, I am going to continue to take money from them,” Marler said. “All I have to do is prove their products make people sick.”
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Science and Technology at Scientific American.com


Adam Tanner from Reuters wrote today - "Source of 2006 toxic spinach uncertain"

After a six-month probe, U.S. and state officials said on Friday they could not conclude how spinach became infected with toxic E. coli bacteria that killed three and sickened 205, but that wild pigs and well water were possible sources.
  • "No definitive determination could be made regarding how E. coli O157:H7 pathogens contaminated spinach in this outbreak," concluded a report by the U.S. Food and Drug Administration and the California Department of Health Services.
  • "Potential environmental risk factors for E. coli O157:H7 contamination identified during this investigation included the presence of wild pigs in and around spinach fields and the proximity of irrigation wells used for ready-to-eat produce to surface waterways exposed to feces from cattle and wildlife."
  • The study, which included detailed DNA analysis, traced 13 bags of Dole brand "Baby Spinach" from Natural Selection Foods with E. coli O157:H7 to four fields in California's Monterey and San Benito counties. They then focused on one farm called Paicines Ranch which is mostly used for cattle grazing, with a small portion leased by Mission Organics, based in Salinas, to grow crops.
Firms linked to the spinach outbreak face about a dozen lawsuits from victims, said Bill Marler, an attorney who represents the three who died and 93 who fell ill.  "The industry just seems to have an inability to deal with this ongoing contamination problem and their voluntary guidelines that they have adopted will do nothing to protect the public," Marler said. He said those who have fallen seriously ill in similar past cases have received settlements as high as several million dollars
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Dole Spinach Outbreak Confirmed


On March 21, 2007, The California Department of Health Services and the United States Food and Drug Administration released its report, "Investigation of an Escherichia coli O157:H7 Outbreak Associated with Dole Pre-Packaged Spinach."  and, "Recommendations in follow up to the Investigation of an Escherichia coli O157:H7 Outbreak Associated with Dole PrePackaged Spinach."  The report and recommendations follow the 2006 E. coli outbreak that was traced to pre-packated Dole spinach that was produced in California's Salinas Valley and sold nationwide.

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Farr defends aid for spinach growers

From The Salinas Californian:
Companies implicated in the September E. coli outbreak linked to fresh spinach would not benefit from a proposed $25 million in federal aid to help innocent growers hurt by the scare, U.S. Rep. Sam Farr's office said Thursday.  Farr came under national criticism this week for the relief funding, winning the title "Porker of the Month" from Citizens Against Government Waste, a Washington, D.C., group that has tracked federal spending since 1984.

Bill Marler, the Seattle-based attorney representing 93 people sickened by the spinach E. coli outbreak, said growers shouldn't get any public funding. "My clients haven't gotten a ... penny, but the spinach people get $25 million. That's a pretty good deal," Marler said.
Comments on this story by Salinas readers so "Farr":

"The democratic leadership proclaimed “a new day” in Washington politics when they took charge in November. I am disappointed in what appears to be “a pork barrel filled with spinach” that is now in Washington, but originated from our own backyard. The spinach gift is being attached to an emergency defense-spending bill. I believe most of the outrage is in the attachment of pork to the main bill, which has nothing to do with agricultural bailouts. However, will the spinach growers also pay 75% of the costs to rebuild our houses, if our homes are destroyed by an unintentional fire in our neighborhoods?"

"As pointed out in yesterday’s article by Ken Dilanian, “Farr , an Appropriations Committee member, received $30,600 in contributions from spinach interests during his last campaign, according to the Center (“Center for Responsive Politics, a nonpartisan organization that tracks spending by those seeking to influence federal policy.”) Voters are tired of “politics as usual.”"

That my friend is a hell of a return on your investment in a Congressman - who says politics (or crime) doesn't pay?

My client, Darryl Howard, was on CNN's Anderson Cooper 360 last night.  Darryl's mom, Betty Howard, died after suffering for months from complications related to her E. coli infection. 
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Deadly pet food mystery puts heat on industry

Elizabeth Weise and Julie Schmit of USA TODAY wrote today that "the company that recalled 60 million containers of dog and cat food said Wednesday that its testing is continuing, but the source of the contamination that has killed at least 16 animals and sickened possibly hundreds more is still a mystery.  The nationwide recall by Menu Foods of Canada, which involved food packaged under 95 brands, including the popular Iams and Eukanuba, sparked a panic among pet owners. They have flooded veterinarians' offices and the Food and Drug Administration with phone calls and launched at least one lawsuit."

They asked me about whether pet owners can sue for the loss of the family pet.  I said"

A: They can, but it's a difficult legal case to make.

"A few states, Washington in particular, do allow emotional distress damages to a pet owner if the pet was 'maliciously harmed.' Most states still view pets as property," so potential damages are limited, says Bill Marler of Marler Clark, a Seattle law firm. He says pet owners rarely can win the type of pain-and-suffering damages possible in cases involving human victims.

So, in essence, a pet owner in most states can recover for medical expenses spent on the pet, the value of the pet in the marketplace and the cost of any returned food.  However, in at least eight states a pet owner can recover "emotional distress damages" for the loss or injury to the pet, but only if the injury was maliciously or intentionally caused.  We decided not to take these cases and instead focus on representing people injured by tainted food.


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More about me

A few weeks ago I was in Monterrey California where I was interviewed by a local TV station.  They were kind enough to give me a copy:

Click on bug above

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Mother upset about bill to pay back spinach farmers

Larry Warren of ABC News 4 in Salt Lake City reports:
An Iraq spending bill Congress will vote on Thursday has an Eagle Mountain mother angry, but not about war spending. The huge, 124.1 billion dollar appropriation bill also contains billions of dollars in spending that has nothing to do with the war.

"I understand this is the way our legislature works, but I think it's just sickening," Michelle Matthews of Eagle Mountain told ABC 4 News. She's upset because one of the earmarks reimburses California spinach farmers $25 million for losses they suffered.

Some of that spinach found its way to the Matthew's dinner table. Michelle got sick, but her daughter, Arabella, almost died. Arabella was just two-years-old when she came down with E. coli. She spent nine days at Primary Children's Hospital, had an operation and was on kidney dialysis.

"To reimburse them for making people ill is just inappropriate," Mrs. Matthews said. "It's insane that my tax dollars and the tax dollars of my family are going to pay these spinach farmers for their bad spinach for things that were their fault in the first place."
Watch This Video
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More of Farr's Misadventures

Ken Dilanian of the Washington DC USA TODAY office wrote in part:
Spinach growers get aid provision as food-safety-standards bill stalls
Darryl Howard's mom, Betty, was among those who died after eating contaminated spinach last fall at her home in Washington state, he says.  He was stunned to learn last week that the emergency bill to fund the Iraq war and Hurricane Katrina relief included $25 million to compensate spinach growers hurt when consumers stopped buying their products.



"They killed my mother, and now they want me to pay for it," Howard says.

Backers of the spinach provision say it is designed to help innocent growers whose businesses took a hit even though their greens weren't contaminated. The insertion into an emergency war funding bill of $3.7 billion to benefit spinach growers, peanut farmers and others in agribusiness underscores a Washington truism: Some interests are more special than others.

While the spinach aid provision was placed in a must-pass spending bill that has been scheduled for a vote Friday in the House, legislation to toughen food safety standards is stalled. A bill to create an independent food safety agency, introduced in February by Rep. Rosa DeLauro, D-Conn., is pending in the Energy and Commerce, and Agriculture Committees, where similar DeLauro proposals have died for years.

"It is unconscionable that when it comes to public safety and the health of the American people, Congress has remained silent," DeLauro said in a statement.
I again call on the Spinach Industry to ask that this money be removed from the War Spending Bill.  Think how you would feel if this was your mother?
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Farr named U.S. Porker of the Month


According to the Salinas Californian, Citizens Against Government Waste today named Rep. Sam Farr, D-Carmel, the nation's Porker of the Month for adding $25 million for spinach growers to the fiscal 2007 emergency supplemental bill.

Porker of the Month is a dubious honor given to lawmakers, government officials, and political candidates who CAGW says have shown a blatant disregard for the interests of taxpayers.

Rep. Farr countered, “It’s easy to make fun of spinach, but if we had eaten more of it, we would be a stronger society.” While spinach does provide health benefits, compensation to its growers does not contribute to a stronger military, which was supposed to have been the focus of the bill.

Rep. Mark Kirk, R-Ill., offered an amendment to remove the spinach provision from the bill, but it was defeated. At the time, he noted that a "$25 million bailout for spinach owners demeans the bill. It holds Congress up to ridicule."

Sam, people are both sickened by you and laughing at you - a deadly combination for a guy whose job it is to kiss ass.
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I am sickened to be a Democrat


Guess what?  It is business as usual for the U.S. Congress.  Hidden in the $124,000,000,000 Iraq War Spending Bill is Sec. 3103, submitted by Congressman Sam Farr (D-CA), entitled - Spinach - is a $25,000,000 earmark to the same people who poisoned over 200 and killed 4 people in last year's Spinach E. coli outbreak (and there have been other spinach E. coli outbreaks in the past).  One may ask what a spinach subsidy is doing in a war bill - perhaps a biological weapon?  Here is the bill's language:
There is hereby appropriated to the Secretary of Agriculture $25,000,000, to remain available until expended, to make payments to growers and first handlers, as defined by the Secretary, of fresh spinach that were unable to market spinach crops as a result of the Food and Drug Administration Public Health Advisory issued on September 14, 2006. The payment made to a grower or first handler under this section shall not exceed 75 percent of the value of the unmarketed spinach crops.


Congressman Farr, you make me sick.  How can you give s subsidy to an industry when the families of people who died or children who will need kidney transplants have yet to receive a settlement?  You should be ashamed.

My challenge to the Spinach industry - refuse the money.  Ask that the money be used in university research to prevent the next outbreak or to subsidize the FDA or California Department of Health to afford to actually monitor your practices.

By the way - I have been a life-long Democrat and a fundraiser for Democratic politicians.
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'Wrong place, wrong time'



Dawn Withers of the Salinas Californian wrote this morning an exclusive article:

Grower details his side of outbreak link - 'We're part of a bigger story,' Mission Organics executive says

Nestled in a picturesque San Benito County valley lies a field federal and state authorities say may be the source of E. coli that last summer sickened more than 200 people, killed at least four and inflicted long-term damage on the Salinas-area produce industry.
The 50.9-acre plot at Paicines Ranch lies along Cienega Road near the rural hamlet from which the ranch takes its name. Farmed by Otto Kramm, Mission Organics' chief operating officer, it's so far the only field that has been publicly identified as a source of the specific strain of E. coli O157:H7 found among contaminated bags of spinach.

'Wrong place, wrong time'

"It's beside the point which farm it is," Willian Marler said.

Kramm was in the "wrong place at the wrong time," Marler said, adding that because food-borne illness is a threat to the entire leafy greens industry, every company has cause for concern - especially because other strains of E. coli were found in bags of Dole-brand spinach.

Ultimately, he said, Dole is responsible for the outbreak because its name was on the bags of contaminated spinach.

"It's Dole's problem," Marler said.

Full Story at this link
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Food Poisoning Costs

Tainted food leads to an estimated 76 million illnesses, 325,000 hospitalizations and 5,000 deaths in the United States each year. Only a tiny fraction of all food-related illnesses are reported to the government.

$6.9 billion: Annual tax expenditures related to medical costs, hospitalizations and lost work time stemming from foodborne illnesses

$10.8 million: Amount of increased funding for food-safety programs requested by the FDA in its 2008 budget

$1.7 billion: The amount four federal agencies, including the FDA and the Department of Agriculture, spent on food safety activities in 2003

Sources: Centers for Disease Control and Prevention, FDA, Orange County Health Care Agency, Government Accountability Office
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A food fix for sick produce industry

Nancy Luna of The Orange County Register wrote a detailed and comprehensive report on last years multiple E. coli outbreaks stemming from Lettuce and Spinach.  We were happy to provide Marler Clark clients for her to talk to.  I think it helps put a human face on the outbreaks.  We also had a long discussion about out involvement in the various outbreaks, specifically the Dole Spinach Outbreak.  The full article can be found on the link - FDA, produce industry see need for new procedures to stem bacterial outbreaks.

No one knows shortcomings of food safety more than Bill Marler, a Seattle attorney involved in some of the food industry's most high profile food-poisoning cases, including suits against San Diego-based Jack in the Box in the 1990s.

Every week, Marler's firm logs dozens of calls from individuals who claim to be food-poisoning victims. But, in late August 2006, the nature of the complaints took on an eerie, similar pattern. Each caller described sickness that came after eating bagged spinach from the same brand. Marler said he called state and federal health authorities, but no one could confirm any illnesses tied to one specific source.

Yet Marler said he knew a major spinach outbreak was under way. He filed a lawsuit against Dole Food Co. on the afternoon of Sept. 14 on behalf of Oregon spinach eater Wellborn, who was hospitalized for six days.

Later that same night – more than four hours after Marler fingered Dole in his lawsuit – the CDC declared a multi-state outbreak tied to pre-packaged spinach, but did not name any brands. The next day, San Juan Bautista-based Natural Selection Foods told consumers to toss its spinach products, including Dole.

"Do you really want a lawyer from Seattle to be the bellwether for an E. coli outbreak?" Marler said.

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Salmonella Oranienburg Mystery Solved?

14 Salmonella Oranienburg cases traced to ice tea machine

The CDC, Arizona and Cochise County health departments investigated a total of 59 Salmonella Oranienburg cases diagnosed in the Sierra Vista area starting last September. The CDC traced 14 cases of illness to The Palms dining and banquet facility in Sierra Vista, but could not find a source of contamination for the other 45 cases. The Palms in Sierra Vista, a well-known banquet hall that regularly hosts large groups of people or private meetings, also happens to be where 14 people became infected with salmonella. The culprit was actually the iced tea machine. The Cochise County Health Department says that they found the Salmonella Oranienburg bacteria on the outer surface.

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"He's a necessary evil."

You have to love the last quote of this article that covered my speech to the lettuce and spinach growers in Salinas a few weeks ago.

Lawyer: Food safety mishaps could cost millions



By John Chadwell of The Packer

Bill Marler’s message to California grower-shippers was clear: he appreciates the leafy greens industry’s attention to food safety programs, but he is prepared to take millions of dollars out of their businesses if they “poison their customers.”

Marler, the Seattle attorney who’s made a name by winning settlements against the food industry in the wake of foodborne illness outbreaks, said he felt like Daniel stepping into the lions’ den as he appeared before nearly 300 growers and packers during an Ag Forum Luncheon on Feb. 28 at the National Steinbeck Center.

Marler said he appreciated how people who make their living growing fresh vegetables might feel about listening to someone who has received judgments against other food industries surpassing $300 million.

“People who are in this room today are serious about this (food safety),” he said. “But I’m concerned about the people who aren’t in this room who may not be as dedicated to solving the problem.”

He gained a national name for himself by obtaining record-breaking settlements against the Jack-in-the-Box chain in 1993 when more than 600 were sickened and three children died from eating undercooked hamburgers. From 1993 to 2003, 95% of his business involved litigation against the meat industry.

“By 2004, I was saying there are no more meat E. coli cases,” he said. “Unfortunately, the fresh produce industry has filled in quite well in the sense that most cases I now have are E. coli cases tied to spinach and lettuce.”

Marler said he appreciated what the industry was doing in devising a self-regulating marketing agreement.

“But the industry as a whole in every corner of the United States and product that comes from overseas has to play by the same rule book,” he said. “Voluntary/mandatory standards in California make no sense when you’re competing with folks in Arizona, Texas and New Jersey.”

If the industry fails in its food safety efforts, Marler said he has an advantage over the produce companies.

“I don’t have to prove fault,” he said. “I don’t have to prove you’re bad. All I have to prove is that my client got sick from eating your product. It’s a matter of strict liability.”

Lorri Koster, co-chairwoman of Mann Packing Co., said she didn’t think Marler was accusing the industry of deliberately doing something wrong.

“Obviously, something’s broken,” she said. “Some people asked me what’s he doing here and I told them if it’s not him, somebody else is going to sue you. Some said he’s the bad guy, and I said, ‘Keep your friends closer and your enemies closer.’ He’s a necessary evil.”
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Justice Talking Food Poisoning Show Overview



Recent headlines over tainted California spinach and e-coli contamination at Taco Bell restaurants have raised many questions about the safety of America’s food supply. With an alphabet soup of federal, state and local agencies regulating food safety from the farm to the table, most Americans presume that their food isn’t dangerous. Join us on this edition of Justice Talking as we ask what must be done to keep the food supply safe.

Interview with a Food Lawyer


(click on above or photo below) Host Margot Adler interviews Bill Marler, the country's leading food-borne illness lawyer, about how he has helped victims of food borne illnesses sue the industries that made them sick.  Bill Marler is a personal injury and products labiality lawyer in Seattle, Washington. He began litigating food-borne illness cases in 1993. Since then he has represented victims of nearly every large food-borne illness outbreak across the country, including cases against Jack in the Box, Chi-Chi's, Chili's and Dole.

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More Silly FDA "Voluntary" Guidelines for Industry


FDA Issues Final Guidance For Safe Production of Fresh-Cut Fruits And Vegetables

The Food and Drug Administration (FDA) today published a draft final guidance advising processors of fresh-cut produce how to minimize microbial food safety hazards common to the processing of most fresh-cut fruits and vegetables, which are often sold to consumers in a ready-to-eat form.

The document -- “Guide to Minimize Microbial Food Safety Hazards of Fresh-cut Fruits and Vegetables” -- suggests that fresh-cut processors consider a state-of-the-art food safety program such as the Hazard Analysis and Critical Control Points (HACCP) system, which is designed to prevent, eliminate, or reduce to acceptable levels the microbial, chemical, and physical hazards associated with food production.

The Guide complements FDA’s Current Good Manufacturing Practice regulations for food (21 CFR 110) and provides a framework for identifying and implementing appropriate measures to minimize the risk of microbial contamination during the processing of fresh-cut produce. Specifically, it discusses the production and harvesting of fresh produce and provides recommendations for fresh-cut processing in the following areas: (1) personnel health an hygiene, (2) training, (3) building and equipment, (4) sanitation operations, and (5) fresh-cut produce production and processing controls from product specification to packaging, storage and transport. The Guide also provides recommendations on recordkeeping and on recalls and tracebacks.


Voluntary guidelines have not worked in this industry over the last ten years, twenty-one E. coli outbreaks, over 1,000 illnesses (many quite severe) and at least six deaths.  This is an insult to the public and specifically to the families of people, many children, who have been sickened or died as a result of consuming "voluntarily" controlled fresh fruits and vegtables standards.
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Fast-food industry's vulnerable underbelly


After an E. coli outbreak led to steps to make meat safer, illness from the germ is linked increasingly to fresh produce.

A great overview of the problems facing fast-food restaurants in coping with foodborne bacteria and viruses in fresh produce, specifically lettuce, by Jerry Hirsch of the Los Angeles Times. Excerpts:
According to the Centers for Disease Control and Prevention, 52% of the 9,040 outbreaks of food-borne illness reported between 1998 and 2004, the latest year for which numbers are available, were linked to restaurants and other commercial food establishments.

Safety experts say fast-food chains need to push the produce industry to come up with treatments that do a better job of killing dangerous pathogens and to improve the way their prepared produce is packaged so that a surprise bacterial hitchhiker from the farm to the take-out window can't unleash a disaster.

"The question," said Carl Winter, director of the FoodSafe Program at UC Davis, "is not if another outbreak will occur, but rather when."
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Lawyers, Lawsuits and Statistics in the Peanut Butter Wars


The CDC reported in a statement March 7, 2007, that 425 people in 44 states had been infected with the strain of Salmonella Tennessee also found in Peter Pan and Great Value peanut butter products, and that 71 people had been hospitalized and no deaths.  That same Salmonella strain was also found by FDA investigators in the Con Agra plant, but where it was located has not been announced.  Two-thirds of the reported 425 cases began after December 1, 2006.  At last count there were also at least 25 lawsuits filed with at least 13 competing Class Actions.

Putting this in context, the CDC estimates that 76 million foodborne illness, or food poisoning, cases occur in the United States every year (6.3 million per month), which means that one in four Americans contracts a foodborne illness annually after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and 5,000 die.

The CDC also reports that 40,000 cases of Salmonella are confirmed yearly in the U.S.  As only about 3% of Salmonella cases are officially confirmed nationwide, and many milder cases are never diagnosed, the true incidence is undoubtedly much higher (approximately 1.3 million per year or 111,000 per month). It is estimated that 1,000 deaths are caused by Salmonella infections in the U.S. every year.

In 2004 only 52 cases of Salmonella Tennessee were reported. Using the same estimate that only 3% of Salmonella cases are every actually reported, it is likely that only 1,500 Salmonella Tennessee cases occur annually.

It is unclear how many tests have been run on jars of peanut butter. It is my understanding that it may be as few as a dozen jars, and that the jars tested may have only come from the homes of people who were actually stool-culture positive for Salmonella Tennessee (some of the 425).  I have no idea why the FDA and Con Agra are not aggressively testing left-over jars of peanut butter.

The FDA and Con Agra made the original recall announcement on February 14, 2007.  On March 9, 2007, the FDA announced that the recall had now been extended back to October 2004 (2 years and 4 months of production). No explanation has been given as to what prompted the temporal expansion. I assume that is was because of a link between a Salmonella Tennessee stool-culture positive person in 2004 to the consumption of Con Agra peanut butter, or a culture-postive jar of peanut butter (it would be interesting to see if it was in plant testing or from someones home).  This certainly is ample evidence of at least an ongoing, but sporadic, contamination in the plant.

I wonder how many jars of peanut butter were produced at the Con Agra Sylvester, Georgia plant during those 28 months? Sales from the Sylvester plant, I understand are $150,000,000 per year.  If you assume that Con Agra sells each jar for $2.00, that is 75,000,000 jars per year with 2111 on the lid.  During that same 28-month period of time, over 177 million Americans became ill from eating food and there were approximately 3 million Salmonella cases. If the statistics for Salmonella Tennessee held during that time frame, we would expect approximately 3,500 cases generally.

So, here is an interesting quandary:

We have received over 4,500 calls and emails from people in the U.S. and from many corners of the world. Most report illnesses consistent with a Salmonella illness. Of those people, nearly 3,500 still have jars with code 2111 (we have started testing). Many, however, did what the FDA and Con Agra advised, and threw the product away. Nearly 1,000 of the people who contacted us sought some level of medical treatment (ER visit to hospitalization), seven families report the death of a love one. Interestingly, only 125 people (part of the 425) report that they are stool-culture positive for Salmonella Tennessee and only 2 are both Salmonella Tennessee positive in stool and peanut butter testing.

Although we have seen 4,500 inquires, lawyers from around the country (without previous foodborne illness litigation experience) report hundreds, if not thousands of additional cases. So, what does this all mean? Are we seeing an enormous increase in Salmonella, specifically, Salmonella Tennessee, illnesses tied to eating Con Agra peanut butter? Or, are we seeing some part of the 177 million Americans who became ill in the last 28 months, who also just happened to eat Con Agra peanut butter?

By the way, this is how you read the lid code – 2111 is the Con Agra plant in Sylvester, Georgia; the next digit, a 6, is the production year, 2006; the next digit, 165, is the day the peanut butter was produced; the next two digits, 00, mean nothing; the next four digits, 2036, is military time for 8:36 PM; and, the last letter, A, is the line that the peanut butter was produced on.
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14 years of Salmonella Experience


Marler Clark ongoing Salmonella outbreak investigations:
Peanut Butter Salmonella Outbreak
Wal-Mart Salmonella Outbreak
Sushi King Salmonella Outbreak

Marler Clark has brought Salmonella claims against:

Black Forrest Bakery
Brook-Lea Country Club
C.L. Swanson
Cafe Santa Fe
Chili's
ConAgra
Corky & Lenny's
Golden Corral
Harmony Farms
KFC
Linh's Bakery
Malt-O-Meal
Old South Restaurant
Orchid Island
Paramount Farms
Quality Inn
San Antonio Taco
Seasons at the Pond
Sheetz
Sun Orchard
Sunset House
Sushi King
Susie Cantaloupe
Viva Cantaloupe
Wal-Mart
Western Sizzlin'
Wyndham Anatole Hote
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FDA Update on Peanut Butter Recall



The U.S. Centers for Disease Control & Prevention said in a statement March 7 that 425 people in 44 states were infected with the strain of salmonella also found in the peanut products and 71 people had been hospitalized. Two-thirds of the cases began after Dec. 1, 2006.

The FDA announced that the recall has now been extended back to October 2004.



As a follow-up to the recent Salmonella outbreak linked to peanut butter, the U.S. Food and Drug Administration (FDA) is informing consumers that ConAgra has extended their recall of all Peter Pan peanut butter, and all Great Value peanut butter beginning with product code 2111, including peanut butter toppings, back to October 2004. This information was obtained recently as part of the ongoing investigation being conducted by FDA.

Consumers who have purchased any of the products since October 2004 should discard them. FDA's advice to consumers continues to be not to eat any Peter Pan peanut butter or any Great Value peanut butter beginning with the 2111 product code.

FDA will provide updates on recalled products, including any other products that may have been made with potentially contaminated peanut butter and distributed to consumers.

Symptoms of foodborne illness caused by Salmonella include fever, diarrhea and abdominal cramps. In persons with poor underlying health or weakened immune systems, Salmonella can invade the bloodstream and cause life-threatening infections or death. Individuals who have recently eaten peanut butter-containing products from these companies and who have experienced any of these symptoms should contact their doctor or health care provider immediately and report the illnesses to their state or local health authorities. Similarly, institutional food establishments and other food service providers who have received reports of illness from consumers after they consumed a product containing this peanut butter are encouraged to share that information with their local health department.

FDA is continuing to work closely with the Centers for Disease Control and Prevention, and with states and local officials to identify how the contamination occurred in order to prevent similar foodborne illness outbreaks.
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BREAKING NEWS: Vanzo's closed by salmonella fears


Five confirmed cases of salmonella have been reported to the health department since Feb. 28.

A press release from Public Health administrator Toni Corona said four people affected had reported eating at Vanzo's beginning Feb. 21. An investigation is ongoing and a specific source or food item associated with the outbreak has not been identified. The restaurant at 132 N. Main St. Edwardsville, voluntarily closed over the issue. People who ate at the restaurant suffered diarrhea, fever or nausea/vomiting afterwards may be implicated in this outbreak.  The health department is interviewing both ill and well patrons who frequented Vanzo's between Feb. 21 and March 6. Call (618) 692-8954, ext. 2 for an interview or if you have any questions regarding Salmonella. Anyone currently experiencing symptoms should contact their primary care provider for medical advice.
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Salmonella mistakes impact many - including workers


Plant closing frustrates residents

Sylvester, Georgia

Residents in a small Georgia town where a salmonella outbreak has led to the closing of one of the town's biggest employers say they're growing impatient.  The production plant in Sylvester remains shut, three weeks after the government announced a link between the outbreak and a spread made at the facility.  The plant makes Peter Pan peanut butter, which is now part of a recall.  Investigators are still trying to figure out how the dangerous germ got into ConAgra Foods products and sickened at least 425 people nationwide.  ConAgra spokeswoman Stephanie Childs says the recall will cost the company millions of dollars. However, she says the approximately 100 workers at the site are still being paid.
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Nearly 50 salmonella cases now linked to peanut butter in N.Y.



BINGHAMTON, N.Y. State health officials say the number of salmonella cases tied to tainted peanut butter in New York has risen to 48. That's more than ten percent of the 425 cases reported nationwide.
Although jars of Peter Pan and Great Value peanut butter were removed from store shelves three weeks ago, the number of salmonella cases has continued to go up.  Eight cases linked to peanut butter now have been confirmed in Monroe County, which includes the city of Rochester. That's the highest in the state.  But a local health department spokesman says there haven't been any new cases. He says more detailed D-N-A testing has helped to confirm the peanut butter link in previously known cases.  According to the state Department of Health, 20 of New York's 62 counties now have at least one salmonella case tied to peanut butter.

We have continued to get calls and emails for folks all over the country who believe that they or a family member became ill after eating Salmonella-tainted peanut butter.  Although the calls and emails have slowed, we have received nearly 5,000 to date.

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Hepatitis Shots all around at L.A.'s restaurants?

I was interviewed this morning by NPR's marketplace - Listen to this story by Helen Palmer:

Los Angeles County officials are considering whether to give Hepatitis A vaccinations to some 100,000 food-service workers after an infected cook was found to be working for a local catering company.

KAI RYSSDAL: You know those signs in restaurant bathrooms that say employees have to wash their hands before returning to work? One, you'd hope they'd do that anyway. And two, that might not be enough anymore. At least in Los Angeles. Food service workers here could be facing mandatory Hepatitis A vaccinations.

County supervisors have voted to see how much that might cost following news that a cook working for Wolfgang Puck's catering company was infected. There are something like 25,000 places to eat in this city. And maybe a hundred thousand people working in them. So the vaccines would be a pretty tall order. And Helen Palmer reports from the Marketplace Health desk at WGBH, it might not even be worth it.

HELEN PALMER: The man in the hot seat to decide what to do is Jonathan Fielding. He's Los Angeles county public health director, and he says there are a lot of worried Angelenos.

JONATHAN FIELDING: People were calling the restaurants. Some were cancelling bookings — they were worried about the pre-packaged food that has Wolfgang Puck's name on it.

Fielding stresses nobody's become sick yet. But there's a good case for vaccinating food workers if the economics can be worked out.

FIELDING: And that's one of the issues we're going to look at, both overall cost and who would pay. It's probably around $25 for Hep A inoculation.

In Las Vegas, food service workers must have health cards, certifying they're vaccinated against Hepatitis A. The cards cost $40.

An outbreak could be costly — protective shots for people exposed cost up to $50 each.

Bill Marler, a lawyer who represents food poisoning victims, remembers what happened in 2003 in Pennsylvania.

BILL MARLER: In the ChiChis hepatitis case, that was 10,000 people that got that shot. That restaurant, because of the Hepatitis A outbreak, went bankrupt.

So it could be worth it for restaurants to pay up for vaccination, says Bob Goldin. He's a restaurant analyst with Technomic.

BOB GOLDIN: I think this is an investment not a cost. You're buying an insurance policy.

Still, Goldin points out restaurants prefer to self-regulate, and oppose extra spending on workers who change jobs frequently.

Meanwhile, a CDC report from 2001 concluded that "vaccinating restaurant employees is unlikely to be economical from either the restaurant owner or the societal perspective."

In Boston, I'm Helen Palmer for Marketplace.
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I'm being challenged by my associate!

Dean Baker of the Vancouver Columbian wrote today:  Farm where E. coli found has new plan to operate business
In Seattle, attorney Drew Falkenstein said his firm is in mediation with the farm owners as it pursues legal action on behalf of two families whose members got ill. Falkenstein's firm, Marler Clark, specializes in food liability lawsuits. It won more than $20 million in settlements following a 1993 E. coli outbreak at Jack in the Box restaurants and a $12 million settlement in 1998 in the Odwalla apple juice outbreak.

Hope not to be put out to pasture soon.
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We are sending this message:


This is to acknowledge that we have received the completed Salmonella peanut butter questionnaire. We will follow-up with you as necessary for any additional information needed on yours or you child's claim(s). If medical care was received related to a Salmonella illness we will order copies of records directly using the release document provided. We will also be undertaking leftover peanut butter testing for the Salmonella bacteria using a private laboratory in the Seattle area. Many, but not all, leftover containers will be tested. If your container(s) is/are to be tested, you will receive a separate packet in the mail with materials and instructions to package and ship your peanut butter to the lab. Do not send leftover peanut butter to Marler Clark. If you have an open container of peanut butter, place it into a plastic bag and store in a cool spot. Do not freeze the peanut butter. If you handle the peanut butter container with your bare hands be sure to wash your hands thoroughly with soap and hot water immediately after handling. For further information and updates on the peanut butter litigation visit: www.peanutbutterclassaction.com
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More Headaches for Con Agra

Vietnam recalls US peanut butter suspected of causing typhoid

Vietnam authorities are set to recall peanut butter brands imported from the US Monday after cases of infection with bacterium salmonella – linked as a causative agent for typhoid – were reported in the US.  Authorities are to withdraw from circulation 24 jars of peanut butter bearing the brand names “Peter Pan” and “Great Value” distributed to the Vietnamese market by Hanoi-based Bao Quang Company.  The firm has imported a total of 720 jars, and the remaining products are still in stock.  Salmonella can also cause food poisoning and intestinal inflammation.  The decision to recall the products were prompted by a recent announcement by the US Embassy in Hanoi that the butter has caused 290 people in the US to be infected with salmonella, with 46 hospitalized.  So far, no cases of typhoid infection from the sandwich and toast spread have been reported in Vietnam.



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Salmonella Lighting Strikes Twice?

Earlier Peanut Butter Contamination Kept Quiet?

In the March 5, 2007 posting in www.consumeraffairs.com a “Retiree Says Infested Peanut Butter Was Quietly Buried.”  The full story:
While the Peter Pan/Great Value peanut butter episode took most consumers -- and, seemingly, most food safety regulators -- by surprise, it was nothing new to Sanford Bass, a Topeka, Kansas, retiree.

As Bass remembers it, the first Peter Pan peanut butter salmonella outbreak occurred back in 1971 or 1972. He was then working for Derby Foods, a division of Swift & Co., in Chicago.

"We recalled (the peanut butter) to our broker warehouses, loaded it into 13 box cars, and buried it in a phosphate mine owned by Swift in Agricola, Fla., located on the then-Seaboard Coastline Railroad," he told ConsumerAffairs.Com.


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Peanut Butter scare spreads further


According to the CDC, the contaminated peanut butter products have to date sickened only 329 people with 51 needing hospital treatment.   We believe that these numbers are a gross under-count if the over 4,500 calls and emails we have received are any example of the extent of this miscount.  We believe that this disparity in numbers must be investigated.  What we are telling folks from around the country (frankly around the world) is to help us investigate this outbreak by providing us with:

1. The names and ages of all family members who became ill after eating the Peanut Butter.

2. Phone number, email and mailing address so that we can mail you an investigation packet.

Also, Please provide us with:

a. Peanut Butter Product type.

b. Date of purchase.

c. Size of Peanut Butter Jar.

d. Complete Code Number on lid of Jar.

e. Complete UPC Code (Bar Code).

In addition, we:

1.  Encourage all people who are still experiencing symptoms of a Salmonella infection (see www.about-salmonella.com for more information) to obtain a stool test, which your primary physician can order and have done at a local lab. Your local health department may also be of some assistance in having a stool test done.

2.  Ask you retain any jars of Peter Pan or Great Value peanut butter that you have not yet thrown away, whether opened or not. Please place the jars in a plastic bag and keep the bag in an area where the peanut butter will not be exposed to extreme temperatures; this can be the refrigerator (not the freezer) or a cupboard.

3.  Suggest that you also immediately notify your county's health department of the fact that you have suffered a gastrointestinal illness after eating peanut butter that is subject to the national recall. The purpose of this call is not to have the health department test the peanut butter-although that is permissible if they want to do that-but to create a record of the fact that you have reported a gastrointestinal illness possibly related to the peanut butter outbreak. If the health department does want to test your peanut butter, please photograph the jar(s) before handing them over, and please write down the details of your transaction with the health department official.  You may keep current on the status of the outbreak at www.salmonellablog.comwww.marlerblog.com and www.peanutbutterclassaction.com
 
As a result of the recent Salmonella outbreak linked to peanut butter, an extensive inspection of ConAgra's processing plant in Georgia by the U.S. Food and Drug Administration (FDA) has revealed the presence of Salmonella. The FDA says the Salmonella was found in the plant environment which suggests that the contamination took place prior to the product reaching consumers.

Last week several states reported Salmonella in many open jars of Peter Pan and Great Value peanut butter recovered from consumers and the Salmonella strain found in the plant matches that found in the open jars as well as the outbreak strain recovered from consumers who became ill.  ConAgra has recalled all Peter Pan peanut butter and all Great Value peanut butter beginning with product code 2111 and the recall extends to products made since December 2005.

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Farm company in cross hairs of spinach probe


Julia Prodis Sulek and Brandon Bailey of the San Jose Mercury News reported:

The first time Mission Organics used the 50 acres south of Hollister to grow spinach last summer -- trying to get organic certification for the fertile land next to the San Benito River -- a farmer's worst nightmare happened.  A federal investigation pinpointed one farm in San Benito County as the probable source of E.coli-contaminated spinach that killed three people and sickened another 200 in September -- and a lawyer for the victims this week named the culprit as Mission Organics.

The fact the Mission Organics was named in the lawsuit as one of the farms that supplied spinach for Dole's "Baby Spinach" is really besides the point - there certainly may be other farms named in the coming weeks and months as our investigation continues.  E. coli O157:H7 is an environmental hazard that could have infected any farm, and it has 20 other times in the last 10 years.  It also does not take anything away from who is really responsible for this outbreak and that is Dole.


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Ground beef distributed throughout Northwest recalled due to possible E. coli contamination



According to the Associated Press and the USDA, a Washington company is recalling ground beef distributed throughout the Northwest because the meat may be contaminated with E. coli bacteria.  The U.S. Department of Agriculture said late Friday that Tyson Fresh Meats of Wallula, Wash. shipped 16,743 pounds of the suspect meat to distributors in Oregon, Washington, Idaho and Utah.  The voluntarily recalled meat is packaged in 10-pound chubs of ground beef labeled “round, coarse ground beef, 85/15.”  The USDA said anyone who has the recalled meat should return it to the place they bought it.

Although this is one of the first recalls of E. coli-tainted meat that we have seen recently, it is disturbing that there is no mention of where the meat was actually sold - so how are consumers actually going to know if the should return it?
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I love Spinach

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Attorneys Call for Mandatory Hepatitis A Vaccinations for all Foodservice Workers

The attorneys at Marler Clark are once again calling on restaurants and caterers nation-wide to vaccinate employees against hepatitis A. The call comes after reports that an employee of Wolfgang Puck Catering was diagnosed with an acute hepatitis A infection; the employee reportedly worked at nearly a dozen events, including the Sports Illustrated swimsuit issue party on February 14.

Guests who ate raw food at events catered by Wolfgang Puck Catering between February 14 and 20 were encouraged to receive Immune globulin injections to prevent becoming infected with hepatitis A. Because Immune globulin is only effective within fourteen days of exposure, today was the last day for guests at the Sports Illustrated swimsuit issue party on February 14th to receive their inoculations.

“This most recent exposure comes on the heels of other exposures around the country, and provides further support for mandatory hepatitis A vaccinations for all foodservice workers,” said William Marler, managing partner of Marler Clark. “In the first two months of 2007, thousands of restaurant patrons have been exposed to hepatitis A and have been forced to stand in line at health department clinics or contact their health care providers to prevent an infection that they never would have been exposed to in the first place if food workers were vaccinated against hepatitis A industry-wide.”

In 2006, the Centers for Disease Control and Prevention recommended that all children be vaccinated against hepatitis A.

“While the CDC recommendation is a start, it will be many years until the kids receiving those vaccinations become restaurant workers,” Marler continued. “It is in the restaurant and food service industry’s best interest to vaccinate all workers against hepatitis A now.”
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Con Agra Salmonella Update

Since this outbreak was announced two week ago, we have taken in nearly 4,500 phone calls and email requests from nearly every corner of the world seeking information on this Salmonella outbreak.  To date we have been retained by nearly 3,000 people and continue to investigate legitimate claims.  We presently have a nation-wide class action filed on behalf of non-hospitalized individuals (representing about 95% of the calls to date).  However, we have been retained by over 200 people who were severely ill and have been contacted by the families of six people who died after eating possibly contaminated peanut butter.  In addition, over 50 lawyers from around the country have referred cases to us or associated with us on cases.

FDA Update on Peanut Butter Recall

Salmonella found in the ConAgra Plant

As a follow-up to the recent Salmonella outbreak linked to peanut butter, the U.S. Food and Drug Administration (FDA) is conducting an extensive inspection of ConAgra's Sylvester, Georgia processing plant. Samples collected by the FDA revealed the presence of Salmonella. The fact that FDA found Salmonella in the plant environment further suggests that the contamination likely took place prior to the product reaching consumers. Last week, tests by several states identified Salmonella in many open jars of Peter Pan and Great Value peanut butter recovered from consumers. In these instances, the Salmonella found in the plant and in the open jars matched the outbreak strain recovered from consumers who became ill.

Recall Status and More Information

ConAgra informed the public that it is recalling all Peter Pan peanut butter and all Great Value peanut butter beginning with product code 2111. The company's recall extends to products made since December 2005. FDA's advice to consumers continues to be not to eat any Peter Pan peanut butter or any Great Value peanut butter beginning with the 2111 product code.

Peanut Butter Toppings Part of Recall

FDA has learned that the ConAgra plant in Sylvester, GA, sent bulk Peter Pan peanut butter to its plant in Humboldt, TN. The three brands described below are part of the original Peter Pan recall. These brands have been recalled and are no longer being sold. However, some consumers may still have these products in their home.

Consumers who have any of the products listed below should discard them. Individuals who are not sure if the purchased product contains the recalled peanut butter topping should contact the store where the product was purchased.

The bulk peanut butter was used to make the following toppings:

* Sonic Brand Ready-To-Use Peanut Butter Topping in 6 lb. 10.5 oz cans. Sonic outlets used the topping until 2/16/07, when the product was recalled.
The topping was used in the following Sonic products:
- Peanut Butter Shake
- Peanut Butter Fudge Shake
- Peanut Butter Sundae
- Peanut Butter Fudge Sundae

* Carvel Peanut Butter Topping in 6 lb. 10 oz. cans. Carvel used the topping until 2/16/07, when the product was recalled.
The topping was used in the following Carvel ice cream products:
- Chocolate Peanut Butter
- Peanut Butter Treasure
- Peanut Butter & Jelly
- Reese's Peanut Butter Cup Sundae Dasher
- Any other customized products containing the Peanut Butter Topping, including peanut butter flavored ice cream in ice cream cakes

* J. Hungerford Smith Peanut Butter Dessert Topping in 6 lb. 10 oz. cans: This topping may be used by retail and restaurant outlets throughout the United States but is not available for direct purchase by the public.

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In the footsteps of Steinbeck

I had a a busy few days in Salinas:

Food liability lawyer tells farmers to clean up their act


By DANIA AKKAD
Herald Staff Writer

For many in the Salinas Valley, Bill Marler is Public Enemy No. 1.

The Seattle attorney represents the families of 95 people sickened or killed during last year's E. coli outbreak. For months, produce industry leaders have groused about "the E. coli guy" or "that attorney" as Marler collected plaintiffs for suits against Natural Selection Foods and Dole, and challenged the industry to improve its practices.

So when a committee of agriculture leaders invited Marler to come to Salinas on Wednesday and expound on food safety for a standing-room only crowd of growers and shippers, each paying $35 to hear him and eat spinach salad, some were caught off guard.

"I have to admit, I was a little surprised by today's guest," said Salinas Mayor Dennis Donohue at Wednesday's luncheon.


"I don't laugh all the way to the bank, but I do go to the bank often," Marler said. "Unfortunately, this industry has kept me in business and it's really time to get me out of business."

Since 1995, Marler told the crowd -- which included a CNN camera crew and a reporter from USA Today -- there have been 21 E. coli outbreaks related to fresh produce sickening more than 1,000 people and killing seven.

Several times during his talk, Marler referred to last year's outbreak as the Dole E. coli outbreak, explaining that it was bagged Dole baby spinach that his clients ate before they became ill and E. coli samples matching their stool samples have been found in 13 bags. He said Dole's attorney had told him this was not a Dole outbreak.

"'Hell it isn't,' I said," Marler recounted. "'It's your bags.'"

At the end of Marler's talk -- when he told the group he hoped in all sincerity that he never saw them again -- he received strong applause.


Lawyer tells Salinas growers to prepare for E. coli outbreaks


The Associated Press

A lawyer who sues companies over food borne illnesses told growers to prepare for future E. coli outbreaks and admit responsibility quickly if they are the source to tainted produce.

Seattle-based attorney Bill Marler, who sues fast-food franchises and corporations like Dole, Wendy's and McDonald's when people get sick, urged farmers during Wednesday's agricultural forum to, "Please put me out of business."

Salinas Valley lettuce and spinach growers have come under increasing scrutiny because of E. coli outbreaks that killed five people and sickened 200 in mid-September.

"Pay attention to your farmers, the folks at (UC) Davis and the regulators," Marler said.

"Then work your (butt) off not to poison anybody," Marler said. "But if it happens, be prepared to say you're sorry."

Marler said the Monterey County produce industry should look to the meat industry for a model of how to overhaul food-safety programs.

"There is hope for my retirement and there is hope for your industry," the lawyer said.


Prominent lawyer urges growers: 'Put me out of business'


By TOM RAGAN
SENTINEL STAFF WRITER

In a most incongruous scene, Bill Marler, a Seattle-based lawyer who's made a living suing fast-food franchises and corporations like Dole, Wendy's and McDonald's, addressed nearly 200 people at the National Steinbeck Center.

His firm, Marler Clark, recovered more than $300 million in 1993 from E. coli outbreaks that were mostly tied to the beef industry.

I don't look like "public enemy No. 1" do I?
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