
Marler Clark has been retained by one of the Washington residents sickened in the Salmonella Bovismorbificans outbreak linked to broccoli sprouts grown by Evergreen Fresh Sprouts, LLC of Moyie Springs, Idaho. A disclosure, as always: the firm sued Evergreen on behalf of four people in its 2014 E. coli outbreak, and I have represented people sickened by raw sprouts since the early 2000s. Read accordingly.
Thirty-two sick in six states, and the federal pages have not moved since September 24
CDC’s outbreak page and FDA’s advisory were last updated September 24. They count 32 people infected with the outbreak strain in six states: 24 in Washington, four in Montana, and one each in Idaho, Minnesota, Oregon and Utah. Three have been hospitalized. No one has died. Illnesses began between July 7 and September 3, 2026. Patients range in age from 2 to 87, with a median of 52. Of the 27 people interviewed, 26 reported eating sprouts or microgreens; 22 named broccoli sprouts, and one a microgreen mix containing broccoli microgreens. CDC measures that against the 8.7 percent of people in its FoodNet Population Survey who report eating any sprouts, and concludes that broccoli sprouts are what made these people sick.
CDC also says the true number is likely much higher, because most people with Salmonella are never tested and because it takes three to four weeks to tie a new illness to an outbreak. Eleven days have passed without a federal update. CDC’s page still reads “Investigation status: Open.”
The Washington State Department of Health updated the same day: 24 cases in nine counties and two hospitalizations.
| County | Cases |
| King | 7 |
| Whatcom | 5 |
| Spokane | 4 |
| Clark | 2 |
| Skagit | 2 |
| Island | 1 |
| Snohomish | 1 |
| Walla Walla | 1 |
| Yakima | 1 |
| Total | 24 |
Washington cases by county of residence as of September 24, 2026 (7 + 5 + 4 + 2 + 2 + 1 + 1 + 1 + 1 = 24). Source: Washington State Department of Health.
This outbreak is separate from the alfalfa sprout outbreak traced to Everything Sprouts of Minnesota, which CDC put at 76 sick in 16 states on October 1. Between the two, 108 people have been sickened by raw sprouts this summer.
How the sprouts were tied to the illnesses
Whole genome sequencing showed the bacteria from the 32 patients are closely related, which is how PulseNet found the cluster. Then the product matched, three times. Montana investigators collected an unopened package of Evergreen broccoli sprouts from a sick person’s home, and sequencing showed it carried the outbreak strain. Washington investigators collected two more samples, one leftover from a patient and one from a retail location, and both carried it. FDA’s and the states’ traceback identified Evergreen Fresh Sprouts as the grower. In the company’s three outbreaks since 2011, this is the first time a product sample has matched the people.
Thirty of the 32 patient isolates and two food samples showed no predicted antimicrobial resistance. Two patient isolates were predicted resistant to streptomycin, sulfisoxazole and tetracycline, which CDC says is unlikely to affect the antibiotics used to treat most patients.
The recall came after the illnesses
FDA says Evergreen initiated a recall on September 4, the day it stopped producing broccoli sprouts, after the Montana sample tested positive. The company’s notice reached FDA’s recall page on September 10. It covers 215 cases, six four-ounce bags to a case, delivered to three Washington distributors between August 24 and September 2, with use-by dates of September 7, 9, 11, 14 and 16 and UPC 8 38796 00105 1. FDA says the sprouts were sold to grocery stores, restaurants and food service customers in Idaho, Montana and Washington and may have been distributed further. Minnesota, Oregon and Utah each have a patient, and none of the three is on the distribution map.
Set the recall against the illnesses. The first people got sick on July 7. As I wrote on September 24, 25 of the 32 onsets fall on or before August 23, the day before the first recalled bag was delivered. The recall could have reached, at most, the last seven illnesses. For the other 25, the sprouts were eaten and gone weeks before anyone said the product had a name. That is the ordinary shape of a sprout outbreak, and it is why a recall is a public health tool and not a measure of who was hurt.
Salmonella has been found in a broccoli seed lot, and FDA’s outbreak pages do not mention it
On October 2, FDA posted a recall by EAK Distribution LLC of Casper, Wyoming, of HOME GROWN Green Sprouting Calabrese Broccoli Seeds sold on Amazon to customers nationwide between August 20 and September 18, lot code AUG172026, UPC 850056627443. EAK says its seed supplier told it on September 16 that bulk broccoli seed lot W4105, the lot EAK had packaged, had been “identified as being used by a sprout grower whose finished product were part of an FDA investigation” into a multistate outbreak; that the supplier recalled the bulk lot; and that on September 28 the supplier reported FDA had collected and analyzed a sample of the seed and detected Salmonella.
The notice names neither the supplier, the grower nor the outbreak, and it does not have to. FDA has two sprout outbreaks open. One is alfalfa, traced to a Tennessee seed lot. The other is broccoli sprouts grown by Evergreen. A broccoli seed lot used by a sprout grower whose product is in a multistate outbreak investigation, with Salmonella in the seed, describes this outbreak. FDA has not said so. Its Evergreen advisory still says the agency is working “to determine the source of contamination,” and its outbreak table records that sampling has begun and reports no result. The supplier’s recall of the bulk lot, which EAK says happened by September 16, is not on FDA’s recall page. I wrote about the notice in detail on Friday.
Seed does not expire the way sprouts do; a pouch bought in August will be in a pantry next spring. It is the second time in six weeks that the seed behind a sprout outbreak has reached home sprouters. In the alfalfa outbreak the implicated lot was sold by Todd’s Seeds and by Berlin Seeds, into 44 states.
The third Evergreen outbreak since 2011
I set out the company’s record on September 3. In 2011, CDC linked 25 Salmonella Enteritidis illnesses in five states to alfalfa and spicy sprouts sold under the Evergreen Produce label; the company declined FDA’s request for a recall until the agency warned the public directly, then recalled on July 1. In 2014, 19 people in six states were infected with E. coli O121 from Evergreen’s raw clover sprouts and seven were hospitalized; there was no recall, and FDA’s inspection report described condensate and irrigation water dripping from rusty valves and a corroded pitchfork used to move sprouts. Marler Clark filed four lawsuits on behalf of people sickened in that outbreak. With this year’s 32, the company’s three outbreaks account for 76 illnesses.
What the law says for the people who got sick
Washington’s Product Liability Act makes a manufacturer strictly liable for harm caused by a product that was not reasonably safe in construction. The claimant does not have to prove negligence. Fresh sprouts carrying Salmonella are a product that was not reasonably safe when it left the grower, and, depending on the facts, the stores and restaurants that sold or served them may be liable as well. The proof is the proof the health departments already assembled: a laboratory-confirmed infection, a whole genome sequencing match to the outbreak strain, and evidence of what was eaten: a receipt, a loyalty card record, a restaurant order or the health department’s own interview. Damages include medical bills, lost wages and the cost of recovery, and Salmonella leaves some people with reactive arthritis or irritable bowel syndrome that does not resolve.
If you were sickened in this outbreak, keep the package or a photograph of it and any receipt, report your illness to your health department (Washington’s online form is here), and ask that your stool isolate be preserved. Isolates are routinely discarded, and sequencing is what ties an illness to the outbreak.
A label before the next one
FDA has told children, older adults, pregnant women and people with weakened immune systems not to eat raw sprouts since 1998, and that advice has never appeared on a package of sprouts or a pouch of sprouting seed. The draft citizen petition asking FDA to require a warning statement on both is open for comment through October 15; the revised draft is here. Read it and tell me what I got wrong before I file it.
Marler Clark represents a Washington resident sickened in this outbreak and continues to investigate it. The firm’s outbreak page is here. Call 1-800-884-9840 or email bmarler@marlerclark.com.









