Most current information:

The Ohio Department of Health said that cases had been reported in Wood, Lucas, Mahoning, Clermont, Cuyahoga, Franklin, Lorain and Summit counties. Four people in Ohio have been hospitalized in connection with the outbreak, the department said.  Thus far Wood county has reported 20 illnesses.

The Michigan Department of Health and Human Services (MDHHS), the Michigan Department of Agriculture and Rural Development (MDARD) and three local health departments – Kent, Ottawa and Oakland – are investigating a recent increase in the number of illnesses related to E. coli bacteria.  Thus far MDHHA has reported 98 illnesses.

The CDC posted this today:

“A food has not yet been identified as the source of this fast-moving outbreak. So far, illnesses have only been reported from Michigan and Ohio.“

The CDC, public health and regulatory officials in several states (in addition to Ohio and Michigan?), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) – I do not recall a CDC post recently that included working with both the FSIS (regulates, Beef, Pork, Poultry and Catfish) and the FDA (regulates everything else).

Here are some details:

29 Illnesses- 14 in Ohio (Wood County Health Department reports 20) and 15 in Michigan (Michigan Department of Health reports 98).

Illnesses onset dates: July 26, 2022, to August 6, 2022.

Age: 6 to 91 years, median age of 21 years, and 38% are female (hmm, what do 62% of men eat?).

17 people with information available, 9 have been hospitalized.

A food has not yet been identified as the source and this investigation is ongoing. So, meat, leafy greens or something else? As you will see from the below, the genetics are tight – this clearly is is a one bug outbreak from one source.

Present Outbreak – Ill people range in age from 6 to 91 years, with a median age of 21 years, and 38% are female.

Produce: 862 cases, ~67% female

Packaged salads, 2021, 10 cases, 100% female

Baby spinach, 2021, 15 cases, 80% female

Leafy greens, 2020, 40 cases, 60% female

Chopped salad kits, 2019, 10 cases, 60% female

Romaine, 2019, 167 cases, 64% female

Romaine, 2018, 62 cases, 66% female

Romaine, 2018, 210 cases, 67% female

Leafy greens, 2017, 25 cases, 67% female

RTE Salads, 2013, 33 cases, 60% female

Spinach and spring mix, 2012, 33 cases, 63% female

Romaine, 2011, 58 cases, 59% female

Spinach, 2006, 199 cases, 71% female

Beef/Meat: 442 cases, ~49% female

Bison, 2019, 33 cases, 52% female

Ground beef, 2019, 209 cases, 51% female

Ground beef, 2018, 18 cases, 33% female

Beef products, 2016, 11 cases, 45% female

Ground beef, 2014, 12 cases, 42% female

Beef, 2010, 21 cases, 43% female

Beef, 2009, 26 cases, 50% female

Beef, 2009, 23 cases, 36% female

Ground beef, 2008, 49 cases, 57% female

Ground beef, 2007, 40 cases, 45% female

Looking at the NCBI database, these are the most likely WGS fingerprints (in red) are in this subcluster

30 Isolates Selected

Distance between selected isolates: minimum = 0 SNPs, maximum = 2 SNPs, average = 0 SNPs

Target creation date range: 2022-08-09 to 2022-08-15 

Well, more tomorrow.

New or fairy new outbreaks should remind us all how much the FDA does with the limited resources it has. Here is most of the latest:

An outbreak of E. coli O157:H7 (ref# 1081) in an unidentified product was added to the table and FDA has initiated a traceback investigation. CDC has issued an Investigation Notice.  

An outbreak of Salmonella Senftenberg (ref# 1087) in an unidentified product was added to the table.

An outbreak of Salmonella Typhimurium (ref# 1095) in an unidentified product was added to the table and traceback has been initiated.

For the outbreak of Salmonella Braenderup (ref# 1075) in an unidentified product, the outbreak has ended.

For the outbreak of Cyclospora in an unidentified product (ref# 1084), the case count has increased from 77 to 98.

And, of course Daily Harvest:

Total Adverse Illness Events: 329*
Hospitalizations: 113*
Deaths: 0
Last illness onset: July 16, 2022*
States with Adverse Illness Events: AZ, CA, CO, CT, DE, FL, GA, IL, IN, IA, MD, MA, MN, MS, MI, MO, MT, NV, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI

Here is a link to the FDA.

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Cases of E. coli in Wood County appear to be related, according to a Tuesday update by the Wood County Health Department.

Of the samples sent to Ohio Department of Health for testing, five have come back and all of those have been the same serotype, said Beth Peery, public health information and education manager.

“That tells us that there may be a link between cases. Approximately 30% of Shiga Toxin E. coli (STEC) cases are this serotype, so it’s not definitive but does help us identify next steps to pursue in the investigation,” Peery said.

“At this stage, we are working with state and federal partners to explore what those links could be and understand next steps. As we explore possible links, various partners at the state and federal level can help us better understand the value of individual lines of inquiry.”

No new cases or hospitalizations have been identified since yesterday. The last reported illness had an onset date of Aug. 9, Peery said.

As of Monday, there had been 18 cases, including six hospitalizations, reported.

Health Commissioner Ben Robison briefed the board of health about the outbreak at Thursday’s meeting. At that time there were 15 cases.

The age range of cases is 13-60 years.

Screen Shot 2022-08-11 at 7.02.09 PM

Ohio: According to Wood County Department of Health, sixteen people in Wood County, Bowling Green, Ohio area have come down with E. coli in the past week, prompting the health department to begin investigating. From 2016 to 2020 the county only saw twenty-seven cases altogether. Those who have fallen ill range from ages 13 to 60 years old and those who contract the virus can experience different levels of sickness and gastrointestinal symptoms. Out of the 16 people who have contracted the virus in Wood County, five are currently in the hospital.  One woman who I spoke to tonight was just released and indicated that the health department seems to be focusing on a local restaurant. The Wood County Health Department has sent lab samples to the Ohio Department of Health to learn whether the illnesses are connected. Results, and more information, are expected early next week.

Michigan: The Ottawa County Department of Public Health in Holland, Michigan is alerting the public to The Ottawa County Department of Public Health in Holland, Michigan is alerting the public to increasing cases of Shiga-toxin producing E. coli infections in the community. The Department is currently monitoring twelve cases of STEC, which is significantly higher than the typical number of cases reported at this time of the year. The Department is working with the Michigan Department of Agriculture and Rural Development (MDARD) and the Michigan Department of Health and Human Services (MDHHS) to investigate possible links between the cases. Five of the twelve cases (two children) have been hospitalized for their symptoms.

E. coli: Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of E. coli outbreaks and hemolytic uremic syndrome (HUS). The E. coli lawyers of Marler Clark have represented thousands of victims of E. coli and other foodborne illness infections and have recovered over $800 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Our E. coli lawyers have litigated E. coli and HUS cases stemming from outbreaks traced to ground beef, raw milk, lettuce, spinach, sprouts, and other food products.  The law firm has brought E. coli lawsuits against such companies as Jack in the Box, Dole, ConAgra, Cargill, Wendy’s, and Jimmy John’s.  We have proudly represented such victims as Brianne Kiner, Stephanie Smith and Linda Rivera.

Additional Resources: If you or a family member became ill with an E. coli infection or HUS after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark E. coli attorneys for a free case evaluation.

Nearly a month ago I urged the FDA to follow Frank Sinatra’s advice to “float down to Peru.” I do not know if the FDA has, but they long ago should have.

As you know, I have sued Daily Harvest, and after asking who manufactured the French Lentil + Leek Crumbles, and being rebuffed, I was able to determine that the manufacturer was Stone Gate, and they were brought into the litigation. I then asked both Daily Harvest and Stone Gate who was the Tara supplier, and was also rebuffed.

Well, I got a tip who the supplier was and I heard from the supplier’s lawyer today. As a courtesy I will wait until next week to add them into the litigation as well. My guess is the I will be “float[ing] down to Peru,” to determine other entities in the manufacturing, exporting and importing supply chain.

I will also be asking Courts next week to order Daily Harvest and Stone Gate to supply the victims with Tara samples so that we can independently test the product to try and determine what is sickening their customers – that only seems right?

By the way, I assume that the FDA is not only testing Daily Harvest and Revive products, but also the Tara used by both companies?

It still does seems like this is the perfect time for the FDA to “float down to Peru” and see what is up with Tara? It does not seem that far:

I leave you with the rest of the lyrics:

Screen Shot 2022-08-11 at 7.02.09 PM

The Ottawa County Department of Public Health is alerting the public to increasing cases of shiga-toxin producing E. coli (STEC) infections in the community. The Department is currently monitoring 9 cases of STEC, which is significantly higher than the typical number of cases reported at this time of the year. The Department is working with the Michigan Department of Agriculture and Rural Development (MDARD) and the Michigan Department of Health and Human Services (MDHHS) to investigate possible links between the cases. Four of the 9 cases have been hospitalized for their symptoms.

Jan Larson McLaughlin of the BG Independent News reports that the Wood County Health Department has recorded three years’ worth of E. coli cases in the past week.

Health Commissioner Ben Robison reported to the Wood County Board of Health Thursday evening that 15 known cases of E. coli have been identified in the last week. That compares to 27 cases in the last five and a half years in the county, he said.

“We are in the very front stages of an investigation,” Robison said.

Tests are being conducted by the Ohio Department of Health to see if there is a link between the cases. The results are expected back next Tuesday.

Robison cautioned that the 15 known cases are likely just the beginning.

“This number we expect will grow,” he said.

Of the 15 cases reported so far, five people were hospitalized, ranging in age from 21 to 60, Robison said. 

The Wood County Health Department is partnering with other agencies to try and solve the puzzle of the origin of the E. coli. Those partners include the Ohio Department of Health and other county health departments. It could be expanded to the Ohio Department of Agriculture if a link is identified to food products in the early stages of growing or processing.

Understandably, my nearly 350 clients sickened by Daily Harvest French Lentil + Leek Crumbles (and possibly additional products) are frightened and angered by the lack of information about the contaminant in the tara, that according the the FDA, has hospitalized over 100 with symptoms consistent with acute liver failure. Dozens of people have had their gall bladders removed, as well as several with liver biopsies. Hundreds have suffered through over two months of illness with unbearable pain, jaundice, multiple procedures, including extensive blood draws, MRI’s, CT scans – and the list goes on. Because they do not know what has sickened them, they fear the future complications that may or may not appear. Medical bills are now pouring in that risk credit score damage and bankruptcy for some.

And, what did they do – they thought they were eating something healthy.

The below is the last official update from Daily Harvest ( nearly 1 month ago) as they now go about their way on other social media sites touting their food safety protocols and marketing additional products. I think customers deserve more.

We have asked privately that Daily Harvest and its manufacturer, Stone Gate, to consider three things – 1) to provide us samples of tara to independently test, 2) to name the tara supply chain so that can be brought into the pending litigation so all responsible parties are in the same Courtroom, and 3) to consider helping victims financially now to avoid making their suffering even worse.

So far – silence. They can delay the above, but eventually the Court will force compliance with each of the three.

In an effort to get to the root cause of the contamination, I have shared with Daily Harvest, Stone Gate AND THE FDA, redacted information about hundreds of peoples’ symptoms and test results. We have also provided all three with product test results in real time.

The goal of all should be to find out what happened and what is causing the suffering and to stop it – isn’t it?

And, Stone Gate has said nothing.

Watch this space and court filings.

At some point in the not too distant future through the process of litigation, Daily Harvest, Stone Gate and Revive will be forced to both tell me the source of the Tara (and why they used it) and to provide samples to test. It does beg the question as to why they will not willingly provide the information and the samples now?

Through a private lab, we have been testing dozens of French Lentil + Leek Crumbles and Pineapple and Mango Smoothie samples – as has the FDA and presumably Daily Harvest and Revive. To date, we have not determined what in the Tara is causing all the illnesses. The hunt continues.

For those who have been following my blog the last two months, there is little surprise that Tara is the link to some or all the illnesses from Daily Harvest French Lentil + Leek Crumbles (and possibly other Daily Harvest products) and Revive smoothies – specifically, the Pineapple and Mango (which is not longer for sale).

To date we have been retained by over 350 acute liver failure survivors (some 30 left without a gallbladder) of Daily Harvest Crumbles (containing Tara), and we are investigating nearly another 30 Daily Harvest illnesses linked to other products. We have also been retained by nearly 30 people sickened by Revive Pineapple and Mango smoothies that also contained Tara.

Much more to be uncovered. I feel a field trip to Peru?

Early morning in wonderful Machu Picchu

Last week we filed two lawsuits against Revive (a Canadian company) in New York Federal Court. We have filed three lawsuits against Daily Harvest – one on behalf of a woman who lost her gallbladder and on behalf of two minor children – one an infant and one an 11-year-old.

Three lawsuits (two in New York Federal Court and one in New York State Court) have been filed against Daily Harvest and the company that manufactured the French Lentil + Leek Crumbles, Second Bite Foods d.b.a, Stone Gate Foods, that have been linked to nearly 300 cases of acute liver failure.

The first lawsuit filed by a Tulsa woman that purchased the Daily Harvest product on May 3 and consumed it on May 7. Later the same day, she began experiencing abdominal pain and gastrointestinal discomfort. She also suffered from right shoulder pain. The next day, she experienced more significant pain accompanied by nausea and headache. On May 9 her husband took her to the emergency room at St. John’s Ascension Medical Center.

At the Medical Center, she received pain medicine and had blood and urine tests along with ultrasound and CT scans. She was discharged with advice to pursue a bland diet. She again purchased the “French Lentil + Leek Crumbles.” from Defendant on May 17 and had them for lunch on May 28. By 7 a.m. the next day, she was again experiencing abdominal and shoulder pain. The pain was so severe by the next that she again required hospitalization.

Her hospitalization lasted four days, and it found that she was experiencing liver and gallbladder dysfunction. After consulting with her primary care doctor, she underwent surgery to have her gallbladder removed on June 24, 2022.

We did voluntarily dismiss this lawsuit to avoid – for now – an unnecessary fight over Daily Harvest’s “Terms of Service” where it is trying to force its customers to arbitrate vs litigate. More on this in the coming weeks.

The second lawsuit was filed on behalf of a 4-month-old baby and her mother became ill and were hospitalized after the mother ate the lentil-based product at the end of May and beginning of June, according to a lawsuit filed in the Supreme Court of the State of New York, County of New York. Beginning May 25, the infant experienced vomiting, diarrhea, screaming and dark urine after her mother consumed the product and breastfed her, the lawsuit said. 

After consuming the product again in June, the baby’s mother was hospitalized with extreme abdominal pain and gastrointestinal distress from June 8 to 15, the suit said. At the time, the infant also began having symptoms including fever, vomiting and gastrointestinal distress, the suit said, adding the mother continued to breastfeed during her hospitalization on the advice of her doctors, who did not know the cause of her illness.

The infant was seen by a physician on June 24, where tests showed high liver enzymes and she was hospitalized on June 25 before being released the next day with ongoing testing and monitoring from experts, the lawsuit said. 

In a third lawsuit filed this week on behalf of a child, a father alleges his daughter became ill with symptoms including abdominal pain and elevated thyroid and liver enzyme levels. The lawsuit said a gastrointestinal and liver specialist told the girl the elevated liver enzymes could indicate a “potential lifelong, life-threatening illness” and that she could no longer participate in her soccer, the girl’s passion, because “an inflamed liver could lacerate while playing and be fatal.” The child’s liver function is being monitored, according to the lawsuit, which was filed in federal court for the Southern District of New York.

Complaints:

https://www.foodpoisonjournal.com/files/2022/07/155840_2022_John_Looby_v_Daily_Harvest_Inc_et_al_COMPLAINT__AMENDED__2.pdf

https://www.foodpoisonjournal.com/files/2022/07/First-Amended-Complaint-filed-07152022-2.pdf

https://www.foodpoisonjournal.com/files/2022/07/Ltr-motion-to-file-2nd-Am-Comp-07152022.pdf

Pinnaple-1

As I said the other day, for nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the over 350 Daily Harvest cases (also with an ingredient known as Tara), we are representing over 30 people that have suffered acute liver failure linked to the Mango & Pineapple smoothies.  We are testing a variety of Daily Harvest and Revive products and have shared the results with both the FDA and Daily Harvest.

Monday we filed two lawsuits against Revive (a Canadian company) in New York Federal Court. We have filed three lawsuits against Daily Harvest – one on behalf of a woman who lost her gallbladder and on behalf of two minor children – one an infant and one an 11-year-old.

On Monday I posted that I had just gotten off the phone with a Revive Mango & Pineapple smoothie customer who had her gallbladder removed the day before and learned about the link between her illness and the product by Yahoo News. I then had the identical call with another woman two days ago. She was about to have another smoothie as she recovered at home after having her gallbladder removed the day before when she read an article in the Washington Post about the growing outbreak.  

And guess what, another conversation this morning with a young woman who ate the Revive Mango & Pineapple smoothie in mid-July and is now suffering acute liver failure.  Someone sent her one of the above articles and she called me somewhat relived that she was not going to die from liver cancer.

As I said before, to date, Revive has NOT recalled the product – which may well be frozen in customer’s freezers.  Not recalling a product that is clearly sickening your customers is both legally and morally suspect. 

The number of reported cases of domestically acquired cyclosporiasis illnesses has increased by 323 cases since the last update on June 30, 2022. Cases continue to be reported.

As of July 26, 2022, 384 laboratory-confirmed cases of cyclosporiasis in people who had no history of international travel during the 14-day period before illness onset have been reported to CDC by 23 jurisdictions, including 22 states and New York City, since May 1, 2022.

The median illness onset date is June 20, 2022 (range: May 3, 2022–July 18, 2022).

At least 30 people have been hospitalized; 0 deaths have been reported.