January 2010

Yesterday’s announcement from Nestle that it had “informed the FDA [on January 11, 2010] that two samples of Nestle Toll House refrigerated cookie dough … had tested positive for E. coli O157:H7…,” came as both a shock, that sick months after a severe E. coli O157:H7 outbreak, product was testing positive again, and a wake up call that clearly more needs to be done to make the product safe. The good news is that according to Nestle, “[c]onsistent with [its] quality assurance protocol, the finished product involved never left [its] factory or entered the supply chain, and none was shipped to customers.

Clearly, Nestle by also announcing that it “will [now] begin using heat-treated flour in the manufacture of its Nestle Toll House refrigerated cookie dough,” shows its desire to lead the industry by making one of its key ingredients (flour) safer for human consumption. It does, however, raise some interesting issues that Nestle will need to respond to.

1.  What did Nestle (and the entire flour industry) know about the risk that uncooked flour can be contaminated with a pathogen? Interesting, that discussion has been going on over at the FoodSafe Listserve both yesterday and today. Some cited examples of prior studies can be found below.

2.  What testing protocols did Nestle use on cookie dough ingredients after June 2009 and what were the test results? Being an industry leader requires transparency.

3.  When did Nestle make the decision to consider heat-treated flour?  Why?  Did it take time to reformulate recipe?

4.  With respect to the two samples of Nestle Toll House refrigerated cookie dough that tested positive for E. coli O157:H7, were those sample (including PFGE analysis) provided to the FDA and CDC? Again, being an industry leader requires transparency.

How do you say “leadership” and “transparency” in Swiss?Continue Reading Contaminated Flour – Something else to worry about?

Michael R. Taylor, J.D., was named Deputy Commissioner for Foods at the U.S. Food and Drug Administration, on Jan. 13, 2010. He is the first individual to hold the position, which was created along with a new Office of Foods in August 2009 to elevate the leadership and management of the Foods Program. Mr. Taylor is a nationally recognized food safety expert, having served in numerous high-level positions at FDA and USDA, as a research professor in academia, and on several National Academy of Sciences expert committees. Mr. Taylor returned to FDA in July 2009 as Senior Advisor to the Commissioner.

As Deputy Commissioner for Foods, Taylor will help FDA to develop and implement a prevention based strategy for food safety, plan implementation of new food safety legislation, and ensure that food labels contain clear and accurate information on nutrition.Continue Reading Michael R. Taylor, Named Deputy Commissioner for Foods at FDA

Good question.  I asked some of my clients their thoughts.

“As someone who testified in front of the House subcommittee last February, I saw the emails that Parnell had sent out,” said Lou Tousignant, whose father, Clifford Tousignant, died from eating the tainted product. “I saw that he knowingly shipped contaminated product to high-risk areas…

According to and FSIS press release this evening, Adams Farm Slaughterhouse, LLC., an Athol, Mass., establishment, is recalling approximately 2,574 pounds of beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

This recall was initiated after the Massachusetts Department of Public…

I know FSIS has been busy the last few months, but it would be nice if I actually received an indication if FSIS was going to act on the Petition I filed October 5, 2009 – one way or another.  Perhaps this letter will prompt a response?