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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Classic Salads, LLC. Conducts Nationwide Recalls of Baby Spinach and Spring (Mesclun) Mix Because of Possible Salmonella Health Risk

The following Press Release was issued today, This is not the first such release that we have seen over the last dozen years.

Classic Salads of Salinas, CA is voluntarily recalling 4lb., 2lb. and 10 oz. Baby Spinach and 4lb., 3lb., 1.5lb., Spring Mix, because it 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. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain 12 to 72 hours after infection. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.
Baby Spinach/Spring Mix was distributed nationwide, as well as Canada and Japan, to foodservice, institutions and distributors.
Classic Salad’s Baby Spinach and Spring Mix are packed in clear plastic bags with a stamped Lot Code number of 1502XXX indicating that it was processed on July 24th, 2006. Master cartons bear the “Classic Salads”, “Classic Choice”, “Classic Greens”, “Sir Lancelot”, “Taste of the Valley”, “US Fresh” and “Valley Gold” labels and a Pallet ID Number is stamped in black ink on the exterior of the carton that is unique to each pallet. Baby Spinach pack sizes include: 4lb., 2x2lb., 12x10oz. Spring Mix pack sizes include: 5x3lb., 4x3lb., 3lb., 3x1lb., 2×1.5lb., 12x7oz.

Outbreaks associated with lettuce or spinach, specifically the “pre-washed” and “ready-to-eat” varieties sold under various brand and trade names, are by no means a new phenomenon.


In October 2003, 13 residents of a California retirement center were sickened and 2 died after eating E. coli-contaminated “pre-washed” spinach.
In September 2003, nearly 40 patrons of a California restaurant chain became ill after eating salads prepared with bagged, “pre-washed” lettuce.
In July 2002, over 50 young women were stricken with E. coli at a dance camp after eating “pre-washed” lettuce, leaving several hospitalized, and 1 with life-long kidney damage.
The Center for Science in the Public Interest found that of 225 food-poisoning outbreaks from 1990 to 1998, nearly 20 percent (55 outbreaks) were linked to fresh fruits, vegetables or salads.
It is clear that the risks associated with E. coli O157:H7 AND Salmonella and lettuce were well known to the industry prior to this recall. For the last several years, the FDA had been aggressively trying to get the industry to address serious ongoing deficiencies it saw as creating a serious risk to consumers. Apparently, the industry has not responded.
In November, 2005, the FDA elucidated its past efforts and present concerns in its “Letter to California Firms that Grow, Pack, Process, or Ship Fresh and Fresh-Cut Lettuce.” The letter begins:
“This letter is intended to make you aware of the Food and Drug Administration’s (FDA’s) serious concern with the continuing outbreaks of foodborne illness associated with the consumption of fresh and fresh-cut lettuce and other leafy greens.”
The FDA further states that the industry’s role in preventing these illnesses is crucial because “these products are commonly consumed in their raw state without processing to reduce or eliminate pathogens.”
The FDA efforts to lead the lettuce industry to safer practices were nothing new. In 1998, the FDA issued guidance to industry entitled “Guide to Minimize Microbial Food Safety Hazards for Fruits and Vegetables.” The guide manufacturing practices for growers, packers, and shippers. The FDA subsequently issued a letter to the lettuce and tomato industries on February 5, 2004 to “make them aware of [FDA’s] concerns regarding continuing outbreaks associated with these two commodities and to encourage the industries to review their practices.”
The 2005 Dole outbreak prompted more admonition for the industry from FDA: “In light of continuing outbreaks associated with fresh and fresh-cut lettuce and other leafy greens, particularly form California, we are issuing this second letter to reiterate our concerns and to strongly encourage firms in your industry to review their current operations”
The November 2005 FDA letter explicitly rejected industry excuses for not having taken prior action. Further, the FDA cited to research linking some or all of the outbreaks to exposure to sewage, animal waste, and other contaminated water sources. The research further indicated that industry practices, including irrigation and field drainage methods, may have led directly to the contamination of the lettuce with E. coli O157:H7. As a result the FDA stated that it considers any ready to eat crops that have come in contact with flood waters to be adulterated. The FDA closed by warning industry members that food produced under unsanitary conditions is adulterated under 402(a)(4) of the Food, Drug, and Cosmetic Act, and that enforcement actions would be considered.
So lettuce industry in Salinas, what is your plan?