It is with great sadness that we share that APHL’s global health program had to stop work temporarily in over 50 nations—including shuttering APHL offices in 10 countries—which affects more than 100 individual team members based both in the US and internationally who supported this work. Our work supported early alerts on the existence and spread of harmful infectious diseases that are always just an airplane flight away. We are tremendously grateful to APHL members and partners for their collaboration and support of our global health program over many years. And we are especially grateful to our dedicated staff who have led these efforts and helped establish APHL as a trusted global leader in public health and laboratory science. Our commitment to safeguarding public health extends far beyond our national borders, and our colleagues are truly like family to us. Taking a moment to acknowledge the significance of this news is natural; afterwards, we will continue our ongoing efforts to protect the health and well-being of the public. We will provide updates as they are available.

What we are seeing in the beginning of a systematic dismantling of human health infrastructure that has made us healthier and safer.

Most of the public would be shocked to know that during an outbreak investigation that a neighboring property owner with an animal feedlot can refuse entry to FDA investigators looking for the source of an outbreak. Rep. DeLauro and Sen. Booker aim to make this common sense idea the law.

Press Release: Today, U.S. Representative Rosa DeLauro (CT-03) and U.S. Senator Cory Booker (D-NJ) introduced the Expanded Food Safety Investigation Act (EFSIA), legislation that would grant the Food and Drug Administration (FDA) the authority to collect microbial samples from concentrated animal feeding operations (CAFOs), also known as factory farms, during outbreaks or when there is a public health need. 

Factory farming is at the heart of the spread of bird flu. The reintroduction of this legislation comes as public health experts raise alarms about the ongoing threat of H5N1, avian influenza, as variations continue to mutate, and in addition to persistent foodborne illness risks.

The CDC reports that 1 in 6 Americans suffer from foodborne illnesses annually, resulting in 128,000 hospitalizations and 3,000 deaths. Many of these illnesses stem from bacteria and other microbes originating in animal agriculture. Over 55 percent of foodborne Salmonella cases are linked to animals and animal products. Harmful bacteria from animal production facilities also contaminate fields of produce, further endangering consumers.

Despite these clear threats, public health agencies currently lack the authority to conduct microbial sampling on factory farms, limiting their ability to investigate and prevent outbreaks. Investigators are frequently denied access to farms, obstructing efforts to pinpoint the source of outbreaks and implement safeguards.

“It is clear that corporate consolidation has made our food system more vulnerable—not only to foodborne illness but also to emerging public health threats like H5N1,” said DeLauro. “This crisis is exacerbated by a weak FDA, which lacks the authority to properly investigate outbreaks and remove contaminated food from the market. Under current law, multinational corporations can obstruct FDA foodborne illness investigations, delaying critical public health interventions. That cannot continue. That is why I am reintroducing the Expanded Food Safety Investigation Act, which will ensure FDA has the power to investigate corporate agribusinesses, respond effectively to public health threats, and protect American consumers.”

“Every year, thousands of Americans fall victim to foodborne illnesses,” said Senator Booker. “Currently, the FDA lacks the jurisdiction to investigate outbreaks and identify the sources of contaminated food stemming from animal agriculture. This bicameral legislation will reduce the prevalence of foodborne diseases by empowering the FDA and other public health agencies to properly respond to and investigate outbreaks when they happen and get contaminated food off our grocery shelves.”

“The Expanded Food Safety Act would close a critical gap in our public health safety net by allowing outbreak investigators a chance to trace the source of outbreaks on large animal farms,” said Sarah Sorscher, Director of Regulatory Affairs at Center for Science in the Public Interest. “This common sense safeguard is long overdue and can help provide solutions to stop outbreaks at their source.”

2024 was marred by numerous outbreaks. It is past time for the FDA to have the tools it needs to be proactive, not just reactive.

The full text of the bill can be found here

The legislation is endorsed by American Society for the Prevention of Cruelty to Animals (ASPCA), Animal Rights Initiative, Antibiotic Resistance Action Center at The George Washington University, Associated Humane Societies, Center for Biological Diversity, Center for Food Safety, Center for Science in the Public Interest, Ceres Community Project, Chilis on Wheels, Compassionate Action for Animals, Consumer Federation of America, Consumer Reports, Earthjustice, Environmental Working Group, Farm Forward, Farm Sanctuary, Food and Water Watch, Food Animal Concerns Trust, Friends of the Earth, Godspeed Horse Hostel Inc, Government Accountability Project, Iowa Environmental Council, KWT Consulting, Mercy For Animals, National Sustainable Agriculture Coalition, Natural Resources Defense Council, Mercy For Animals, PIRG, San Francisco Bay Physicians for Social Responsibility, Slow Food USA, STOP Foodborne Illness, Strategies for Ethical & Environmental Development (SEED), Texas Humane Legislation Network, Vegan Activist Alliance, and World Animal Protection.

Perhaps all members of Congress should watch “Poisoned.”

Full Report – https://www.marlerblog.com/files/2025/02/gao-25-107606.pdf

Although the U.S. food supply is generally considered safe, tens of millions of Americans get sick from foodborne illness every year, and some die, according to estimates from the Department of Health and Human Services’ (HHS) Centers for Disease Control and Prevention (CDC). In addition, according to CDC data, over 9,000 foodborne illness outbreaks were reported between 2011 and 2022 across all 50 states. Foodborne illness has widespread economic consequences, costing Americans an estimated $75 billion (in 2023 dollars) annually in medical care, lost productivity, and premature deaths, including those associated with secondary chronic illnesses and conditions that develop after the initial illness, according to a study by researchers from U.S. Department of Agriculture’s (USDA) Economic Research Service and collaborators.

At least 30 federal laws govern the safety and quality of the U.S. food supply, both domestic and imported. Collectively, 15 federal agencies administer these laws, including CDC, USDA’s Food Safety and Inspection Service (FSIS), and HHS’s Food and Drug Administration (FDA). The federal food safety oversight system is supplemented by states, localities, Tribes, and territories, which may have their own laws and agencies to address the safety and quality of food. Foodborne pathogens can be transmitted through multiple types of food and, therefore, can affect both FDA- and FSIS-regulated foods. For example, in 2024, two Salmonella outbreaks—one attributed to cucumbers, an FDA-regulated food, and one attributed to charcuterie meats, an FSIS-regulated food—collectively caused 650 confirmed illnesses and about 180 hospitalizations. We have long reported that the fragmented nature of the federal food safety oversight system causes inconsistent oversight, ineffective coordination, and inefficient use of resources.

Since 2007, we have identified federal oversight of food safety as a high-risk issue and made several recommendations and matters for congressional consideration. In 2017, we called for the Executive Office of the President to develop and implement a national strategy for overseeing food safety. As of January 2025, there were no plans to create a national strategy, according to officials from the Office of Management and Budget. We prepared this report at the initiative of the Comptroller General to assist Congress with its oversight of CDC, FDA, and FSIS’s roles in reducing foodborne illness. This report describes foodborne illness and how foods get contaminated, what is known about the magnitude of foodborne illness and associated foods, and federal goals associated with identifying and reducing foodborne illness.

• Foodborne illness in the U.S. is a serious and continuing problem. A forthcoming 2025 CDC study estimates that six pathogens—including Salmonella, Listeria monocytogenes, Campylobacter, Clostridium perfringens, Shiga toxin-producing Escherichia coli (STEC), and norovirus — cause about 10 million cases of foodborne illnesses annually in the U.S. These illnesses result in about 53,300 hospitalizations and over 900 deaths each year. Prior CDC estimates from 2011, which included a broader range of pathogens, indicate that over 3,000 people die and 128,000 are hospitalized each year due to foodborne illness.

• The precise magnitude of foodborne illness in the U.S. is unknown. According to CDC, only a small proportion of all foodborne illnesses are diagnosed and reported to public health authorities. For example, CDC has estimated that foodborne Salmonella causes 29 illnesses for each case that is detected through laboratory testing. A foodborne illness case may go undiagnosed if, for example, a sick person does not seek medical treatment. Additionally, CDC largely relies on public health authorities across the country to voluntarily report cases of foodborne illness in their jurisdictions, but some possible cases of foodborne illness may not be reported for various reasons. For example, according to CDC officials, some cases of foodborne illness may not be investigated or reported because of resource limitations at the state or local level.

• CDC, FDA, and FSIS have taken some steps to develop agency-specific and joint goals related to reducing foodborne illness. However, the most recently available data show that FDA and FSIS have not met their goals to reduce foodborne illness—in one case, by a wide margin. In addition, the Healthy People 2030 initiative sets joint-agency performance metrics to reduce foodborne illness through a working group that includes CDC, FDA, and FSIS officials. However, the working group has reported limited progress towards meeting these performance measures. For example, six metrics aimed at reducing foodborne illness outbreaks are still under development and do not have defined baseline data to identify targets and measure progress about 5 years into the 10-year Healthy People cycle.

• We previously reported on the need for a national strategy to guide federal efforts to address ongoing fragmentation and improve the federal food safety oversight system. This strategy could address our other previous matters for congressional consideration about government-wide performance plan and sustained leadership for federal food safety. We maintain that such a strategy could create an opportunity to further strengthen federal oversight of the nation’s food supply and reduce the economic and public health effects of foodborne illness.

Here is the joint press statement:

Parties continue to engage towards bringing the listeriosis class action to a close as quickly as possible.

Johannesburg, 3 February 2025 – Tiger Brands, Richard Spoor Inc and LHL Attorneys today announced that they have reached agreement for advance payments to be made to the first of a number of persons who are seeking interim assistance to address urgent medical needs while the class action continues. The parties are engaged in discussions to extend the relief to other qualifying claimants who are in a similar position.

In late October 2024, Tiger Brands reported that the company’s attorneys were engaging with the plaintiffs’ attorneys (Richard Spoor Inc and LHL Attorneys), to agree on relief for qualifying individuals who have urgent medical needs, regardless of the fact that liability has not yet been determined.

In order to protect the privacy of the individuals no details of the payments will be made public.

“We are glad to have open lines of communication with the defendants, at this critical time in the class action. This is an important inroad and a first step in the parties’ efforts towards justice for the victims of the listeriosis outbreak. The interim advance payments will go some way towards relieving the acute needs of the recipients.” said Richard Spoor, Founding Director of Richard Spoor Inc.

“The legal process has proved long and arduous. Even though liability has not yet been determined and Tiger Brands has no legal obligation to provide interim relief at this stage in the class action, the interim advance payment to a number of claimants with urgent needs recognises the debilitating circumstances in which they find themselves. Where the company has been provided with required information and documentation to enable decision-making in the process, we will act swiftly. Today’s announcement represents an important milestone,” said Tjaart Kruger, Chief Executive Officer, Tiger Brands.

“Further to today’s announcement, engagements between the parties’ legal representatives will continue in respect of the assessment of a number of claimants who may qualify for assistance, within the confines of the current process. In addition, endeavours are ongoing to explore a broader resolution of the class action in total and we hope to be in a position to make further announcements in this regard soon. We are particularly pleased to report that progress has been made in our longstanding efforts to gain access to the NICD’s records relating to their investigation of the listeriosis outbreak. The NICD has agreed to cooperate with us and will be making their records available to the parties as soon as possible. We believe that access to the NICD’s records will greatly assist the parties in moving the matter forward.” – said Tjaart Kruger, Chief Executive Officer, Tiger Brands.

The class action, which is being managed in two stages is still at the first stage during which liability is to be determined by the Court. Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered.

Democratic senators are expressing alarm about planned budget reallocations at the Food and Drug Administration that they fear will threaten the nation’s food safety system. In a letter to FDA Deputy Commissioner for Human Foods Jim Jones released Wednesday, Democratic Sens. Richard Blumenthal (Conn.), Tina Smith (Minn.), Cory Booker (N.J.) and Dick Durbin (Ill.) wrote that shifting funds away from the Office of Inspections and Investigation would slash resources available to state and local food safety programs that conduct the majority of facility inspections.

Federal Offices of Inspector’s General (OIGs) provide the vital role of:

  • OIGs conduct investigations and reviews to oversee the financial health, safety, and efficiency of their agencies. 
  • OIGs work to prevent and detect fraud, waste, abuse, misconduct, and mismanagement. 
  • OIGs promote economy, efficiency, and effectiveness in their agencies’ operations and programs. 

On Friday night the Trump Administration  put the oversight of the government’s largest agencies in limbo, as the Senate-confirmed OIG watchdogs at the departments of Defense, State, Transportation, Labor, Health and Human Services, Veterans Affairs, Housing and Urban Development, Interior, Energy, Commerce, Treasury and Agriculture, as well as the Environmental Protection Agency, Small Business Administration and the Social Security Administration were ousted.

The Office of Inspector General (OIG) of the U.S. Department of Agriculture (USDA) investigates allegations of misconduct, fraud, and other violations involving the Food Safety and Inspection Service (FSIS). The OIG also reviews legislation and regulations and makes recommendations to Congress and the Secretary of Agriculture. 

Following the history of serious food safety noncompliances at Boar’s Head’s Jarratt, Virginia facility, which led to a fatal listeriosis outbreak, the U.S. Department of Agriculture’s Office of the Inspector General (USDA’s OIG) has launched an internal investigation into the agency’s handling of the repeated sanitary violations found at the Virginia plant. The decision to launch an investigation was made by Inspector General Phyllis Fong, prompted by a call to action made by U.S. Senator Richard Blumenthal (D-Connecticut) in September.

Ms. Fong, thank you for your service.

Phyllis K. Fong was sworn in as Inspector General for the U.S. Department of Agriculture (USDA) on December 2, 2002.  Ms. Fong was nominated by President George W. Bush and confirmed by the U.S. Senate.

As Inspector General (IG), Ms. Fong is the senior official responsible for audits, investigations, and other oversight activities relating to USDA’s programs and operations.  The Office of Inspector General (OIG) provides leadership in promoting economy and effectiveness in USDA programs and preventing fraud, waste, and abuse.  Ms. Fong’s priorities as IG have been to focus OIG’s resources on the protection of public health and safety related to USDA’s mission and operations, and to improve the management and financial integrity of the Department’s programs.

In November 2008, Ms. Fong was elected by the Inspector General community as the first Chairperson of the Council of the Inspectors General on Integrity and Efficiency (CIGIE), an independent agency established by Congress in the Inspector General Reform Act of 2008.  CIGIE’s members include 72 Federal Inspectors General, and its mission is to promote economy and effectiveness in Federal programs through coordinated Governmentwide activities.  She served for three terms as CIGIE Chair, concluding her tenure in December 2014.  Ms. Fong also served as a member of the Recovery Accountability and Transparency Board, established by Congress to oversee Federal spending under the American Recovery and Reinvestment Act of 2009 until its sunset in September 2015.  The Board’s responsibilities included oversight of disaster relief funds for Hurricane Sandy.

Ms. Fong has been the recipient of numerous awards in recognition of her leadership in enhancing sound financial management practices and policies in the Federal Government.  Most recently, she received the Frank Greathouse Distinguished Leadership Award from the Association of Government Accountants in July 2015 for sustained outstanding leadership in financial management and notable professional contributions at the national level.

Prior to her appointment at USDA, Ms. Fong was nominated by President Bill Clinton and confirmed by the U.S. Senate to be Inspector General of the U.S. Small Business Administration (SBA).  Ms. Fong served as SBA’s Inspector General from April 1999 until December 2002.  A career member of the Senior Executive Service, she held several senior management positions at SBA OIG.    

Ms. Fong was born in Philadelphia, Pennsylvania, and raised in Honolulu, Hawaii.  She graduated from Pomona College with a B.A. degree in Asian studies and earned her J.D. degree from Vanderbilt University School of Law.  Ms. Fong is a member of the Tennessee and District of Columbia bars.  She and her husband have two children. 

The FDA has an outbreak posting that as of 2/4/2024 an E. coli 
O157:H7 event is now tied to Romaine 
Lettuce.* The FDA says that 88 are sick and that the investigation is still Active and the notes that 
Traceback
, 
Inspection
 and Sampling has been 
Initiated.

*Earlier the FDA said: The FDA and CDC, in collaboration with state and local partners are investigating illnesses in a multistate outbreak of E. coli O157:H7 infections linked to an iceberg and romaine lettuce blend served at catering events, restaurants, and a school. Based on epidemiological information collected by CDC, a total of 69 people infected with the same strain of E. coli O157 have been reported from 10 states. FDA’s traceback investigation has identified an iceberg and romaine lettuce blend from a common supplier as the source of this outbreak; however, impacted product identified to date appears to be past shelf life and no longer on the market. FDA is continuing to work with the supplier to determine if any additional product could be impacted. At this time, there does not appear to be any ongoing risk to public health and there is no recommendation for consumers to avoid iceberg or romaine lettuce. FDA’s investigation is ongoing, and more information will be provided as it becomes available. 

One of the red highlights above is a 9 year old from Indiana that suffered acute kidney failure, the other is a high school student that is part of an outbreak linked to lettuce served in Missouri.:

Health officials have reported that 106 people, including students from Rockwood Summit High School and adults from the community, have been confirmed as outbreak patients. The patients attended five separate events catered by Andre’s Banquet Center. Patients attended two school band events, two funerals and a veterans event catered by the business.

CBS News Reports:

Multiple federal health agencies have stopped releasing some key health information — including updates on some outbreak investigations — amid a department-wide communications “pause” ordered by the Trump administration, though many other “mission critical” updates are still being released, CBS News has learned.

The Department of Health and Human Services “has issued a pause on mass communications and public appearances that are not directly related to emergencies or critical to preserving health,” Stefanie Spear, the HHS principal deputy chief of staff, told CBS News in an email. “This is a short pause to allow the new team to set up a process for review and prioritization.”

The Food and Drug Administration, a federal agency of the HHS, usually releases updates on probes of outbreaks linked to contaminated food every Wednesday, but the agency did not release them this week. As of the FDA’s last update on Jan. 15, authorities were investigating multiple outbreaks of E. coli and Listeria.

Publication of the Centers for Disease Control and Prevention’s authoritative scientific publication, the Morbidity and Mortality Weekly Report, has also been delayed, health officials said. Articles have been published virtually every Thursday for decades, detailing agency guidance, updates on disease outbreak investigations and studies of health threats. But no issue was published this past Thursday. 

https://www.marlerblog.com/files/2025/01/819692433-HHS-Memo-Jan21-1.pdf

So says its lawyers.

Puffery or promises?

The lawyers for Boar’s Head have moved to dismiss certain claims brought against their client on behalf of a family whose mother died from Listeria – tainted Boars Head Liverwurst.  

As its lawyers say:

“Plaintiff has brought a negligence per se claim based on Virginia Code § 3.2-5126, which imposes a Class 1 misdemeanor for certain food violations. Plaintiff’s claims based on the subparts dealing with advertisements and guaranties should be dismissed because the Marketing Statements are nothing more than commercial puffery.”

These are the statements in our complaint against Boars Head:

Despite knowing of its egregious plant conditions and substandard manufacturing, processing, and packaging practices, Defendant falsely promised the following:

• “Our products are of unquestionable quality, without compromise, using only the best natural ingredients and nothing else.”

• “With Boar’s Head, you can trust each and every one of our products was prepared with the utmost care.”

• That Boar’s Head is “the brand consumers can count on for the highest quality delicatessen products in America.”

• Boar’s Head has “a passion to deliver on our promise for freshness and quality.”

• “At Boar’s Head, we are committed to providing the highest quality delicatessen products. Nothing less.”

• “[W]e are relentless about quality. If a product doesn’t live up to our exacting standards, it doesn’t carry the Boar’s Head name. Simple as that.”

• “That’s why Boar’s Head has been the deli brand you can trust for over 115 years.”

• That consumers deserved “better quality . . . than what was [otherwise] available.”

• “Our standards for quality have never wavered.”

• We “only use the finest ingredients.”

• “Commitments like these have made us a leader in our industry and have made Boar’s Head the brand in which consumers continue to place their trust.”

• “Since 1905, our standards of quality have never wavered.”

• “Our mission is to continue to be recognized as the leading provider of exceptional customer service and superior quality delicatessen products.”

• “HIGHER STANDARDS FOR PREMIUM FOODS”

• Defendant also advertised certifications and partnerships with the American Heart Association, indicating that its products are “heart healthy,” and the Feingold Association, a non-profit that “spreads awareness of the role of foods and synthetic additives in behavior, learning, and health.”

• We are proud to work with the American Heart Association® in its Food Certification Program and others.

• Defendant also made express promises to Sprouts Farmers Market and other retailers that its products were safe for human consumption, free of all adulterants, and made with the highest standards of quality and wholesomeness.

Additionally, Boar’s Head sought to bolster its image through certifications and partnerships with respected organizations, such as the American Heart Association, promoting its products as “heart healthy,” and the Feingold Association, which works to raise awareness of the impact of food additives on behavior, learning, and health.

Boar’s Head also made explicit promises to certain retailers, assuring them that its products were safe for human consumption, free of all adulterants, and produced to the highest standards of quality and wholesomeness.

Despite these claims, the company’s internal conditions and practices directly contradicted their public assertions, ultimately compromising both the safety and integrity of the products they marketed.

Puffery or promises?

Here are the filed pleadings:

https://www.marlerblog.com/files/2025/01/6-Amended-Complaint-Klabunde.pdf

https://www.marlerblog.com/files/2025/01/8-D-Boars-Head-MTD-Klabunde.pdf