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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

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.

So, 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.  Thoughts?

  • cheryl berenson RN, MS-MPH student OHSU

    To continue the line of thought from my last post… why even bother to label a product that can potentially kill? i guess no one has learned anything from the cigarette/tobacco experience? eg: warning labels only impact those who are NOT going to use the product anyway!! The only totally safe solution is not to have these products on the market(or make the buyers sign a release-for all you litigators!).

  • Mary

    It is unfortunate that babies can’t read the warning label. Here’s an article written by Sally Fallon about the safety of raw milk for babies.

  • mark mcafee

    To be clear as to the facts….”OPDC raw milk” has never ever tested positive for campylobacter, listeria or any other pathogen.
    OPDC raw milk is sold in 400 CA stores and enjoyed by more than 50,000 consumers per week.
    Recently, consumers have been buying and consuming raw milk in CA like never before. It appears that consumers are working on building Immune system strength in light of CDC and FDA warnings that the Swine Flue most often sickens or kills the immune depressed. Raw milk is the most natural, biodiverse immune enhancing food on earth.
    Mark Mcafee
    Founder OPDC

  • Ann

    I’m a raw milk drinking lawyer. From my perspective, there’s a lot more liability in bagged lettuce. But I don’t practice your area of law!
    WA doesn’t require raw milk to be labeled like that– but I know Oregon did when I lived there a few years ago, and all the raw milk I drank in Oregon had a “Pet Food” sticker on it. The raw cream was also the most divine thing on berries ever.
    I think in this case it’s simply a food product that requires exquisite cleanliness and origination from a small herd. And since I can guarantee that fact for myself? It better stay legal. I don’t mind a warning–I certainly don’t pour it for my friend’s kids!

  • Cathy RD

    The issue of raw milk is fascinating. There is no doubt that the food safety chain can break for any product. If raw milk requires a tighter chain, isn’t it more likely that chain will break than others? If so, do the consequences outweigh any potential benefits? What we need is clear unbiased research on benefits/detriments of “food safe quality” raw vs. pasteurized milk, and then a clear unbiased look at the food safety issues. But as long as protection agencies prevent the “raw” research, we are stuck with potentially biased claims. On all sides of this debate.
    Breast milk for humans is more protective for human babies when unpasteurized. Is breast milk for cows more protective for humans when unpasteurized? In baby digestive tracts, or adults, or both, or neither? In immunosuppressed, or healthy immune, or both, or neither? If it IS better for us, I want to know, and I want to know why.