We are slowly uploading a series of videos on what we do here at Marler Clark. This video is about the legal work I do and the food safety advocacy that has also become a large part of my life.
Providing Insight on Food Poisoning Outbreaks & Litigation
Providing Insight on Food Poisoning Outbreaks & Litigation
We are slowly uploading a series of videos on what we do here at Marler Clark. This video is about the legal work I do and the food safety advocacy that has also become a large part of my life.
Last Friday the CDC reported that now thirty-seven persons infected with the outbreak strain of E. coli O157:H7 have been reported from five states since mid-October. The number of ill persons identified in each state with this strain is as follows: AZ (19), CA (3), CO (10), NM (3) and NV (2). There have been 15 reported hospitalizations, 1 case of hemolytic uremic syndrome (HUS), and no deaths.
On Nov. 5, 2010, Bravo Farms voluntarily recalled all Dutch Style Gouda cheese because it may be contaminated with E. coli 0157:H7. The product was distributed primarily through Costco in Southern California, Nevada, Arizona, Utah, Colorado, and New Mexico in 1.5 lb. pieces. It was also distributed through various retail stores within California in 8 oz. pieces.
We filed another lawsuit against Bravo on Friday as well.Continue Reading With 37 sickened by E. coli in Arizona, California, Colorado, New Mexico and Nevada, Bravo Cheese Sued for Third Time
New Braunfels Smokehouse, from New Braunfels, Texas, recalled approximately 2,609 pounds of fully cooked, ready-to-eat smoked turkey breast products due to positive listeria test results in the meat. The products subject to recall include:
• 1-pound packages of “New Braunfels Smokehouse Sliced Smoked Turkey” with package code “2210” on the label;
• 4 to 6…
Why do companies seem so stupid? Why do they forget that what is uploaded to the internet never really goes away? Why would a company – especially one that has now been sued three times – think they can delete an entire section of its website that dealt with the raw milk product that…
The CDC has issued an alert to consumers and health professionals about an outbreak of E. coli O157:H7 in five states: Arizona, California, Colorado, New Mexico and Nevada. Based on current information, there is a link with the consumption of one of several cheeses offered for sampling and sale at the “cheese road show” that…
Raw milk-based cheeses must be aged for a minimum of 60 days. The requirement appears at Title 7 of the Code of Federal Regulations, section 58.439. Recent recalls and outbreaks, along with a host of other recent raw milk-based cheese contamination events, makes you wonder whether 60 days is really enough aging time to…

I am finally sitting on a plane (an hour and a half late) heading home to Seattle from Atlanta nearly two weeks after leaving Seattle for Los Angeles and from there to Fayetteville, Arkansas, to Shanghai, China and then to Savannah, Georgia.
Tired is not quite the right word I feel and I’m not sure I can adequately express my desire to not see the inside of an airport or an airplane – for at least a week or so.
Welcome to my world. It is quickly becoming a flash and blur of time zones, air miles and cultures, however, with common denominators of bad food, poisoned people and platitudes by business and government leaders about food safety – from “farm to fork” or “paddock to plate” – you get the drift. I’ve learned to move easily between my roles as food safety advocate and victims advocate, as easily as I’ve learned how to pack for two weeks without ever having to check a bag.
Food is big business, very big business. I cannot even fathom the amount of business generated by the worldwide production of food. We all eat – some better and more safely than others, some more healthfully, exotically, sustainably, and in varying amounts. However, we all eat. We eat for all kinds of reasons. We eat for comfort, out of boredom, to be sexy or because we are starving. But eat we must.
Safe food is another matter. To some people, safe food includes issues like GMOs, pesticides, high fructose corn syrup, etc. — issues to be sure but not as basic as my concerns. When I think food safety it usually involves feces and the bugs in them that can kill or maim in days, not decades. I know I should think about the other, prospective food safety issues, but it is hard to think long term when you are focused on animal shit in your salad or milk today.Continue Reading Food Safety from the Jet Stream
It has been a busy year for E. coli, Listeria, Salmonella and Campylobacter in milk and cheese (mostly raw) and it is not over yet – recalls, outbreaks or the year. You can download the entire chart with links.

In the news much have been the apparent failures of private outside food safety auditors to find problems that seem more than apparent after the foodborne illness outbreak happens – the Peanut Corporation of American and the Wright County Egg Outbreaks are just two of the most recent examples.
Auditor liability tends to vary greatly depending on the context. Within the financial services context, it is generally fairly restricted, as courts tend to limit it using principles of contractual privity and party intent. In the safety context, on the other hand, it tends to be expanded under the Good Samaritan rule to hold liable companies and firms that undertake to ensure safety and can prevent harm, but still tends to exclude parties that do not have authority to directly change the situation causing the harm.Continue Reading Liability of Private Outside Food Safety Auditors for Injuries to Consumers

MAJOR ARTICLE – Outbreak of Escherichia coli O157 Associated with Raw Milk, Connecticut, 2008
Alice Guh,1,2 Quyen Phan,2 Randall Nelson,2 Katherine Purviance,2 Elaine Milardo,4 Stacey Kinney,2 Patricia Mshar,2 Wayne Kasacek,3 and Matthew Cartter2
1Epidemic Intelligence Service, Centers for Disease Control and Prevention, Atlanta, Georgia; 2Connecticut Department of Public Health and 3Connecticut Department of Agriculture, Hartford…