There were no “Innocent Sellers” in this tragedy.  Retailers in Colorado have both a moral and legal responsibility to those who were sickened, and the families of those who died, after consuming Listeria-tainted cantaloupe.

The 2011 Listeria Cantaloupe outbreak was the most deadly in the United States in nearly 100 years.  Colorado was by far the hardest hit of the 28 states involved.  Download Outbreak Summary and Exhibits No. 1, No. 2, No. 3, No. 4, No. 5 and No. 6.

The final report of the CDC totaled 147 persons infected with any of the five outbreak-associated subtypes of Listeria monocytogenes from 28 states. The number of infected persons identified in each state was as follows: Alabama (1), Arkansas (1), California (4), Colorado (40), Idaho (2), Illinois (4), Indiana (3), Iowa (1), Kansas (11), Louisiana (2), Maryland (1), Missouri (7), Montana (2), Nebraska (6), Nevada (1), New Mexico (15), New York (2), North Dakota (2), Oklahoma (12), Oregon (1), Pennsylvania (1), South Dakota (1), Texas (18), Utah (1), Virginia (1), West Virginia (1), Wisconsin (2), and Wyoming (4).

Among persons for whom information was available, reported illness onset ranged from July 31, 2011 through October 27, 2011. Ages ranged from <1 to 96 years, with a median age of 78 years. Most ill persons were over 60 years old. Fifty-eight percent of ill persons were female. Among the 145 ill persons with available information on whether they were hospitalized, 143 (99%) were hospitalized. Thirty-three outbreak-associated deaths were reported: Colorado (9), Indiana (1), Kansas (3), Louisiana (2), Maryland (1), Missouri (3), Montana (1), Nebraska (1), New Mexico (5), New York (2), Oklahoma (1), Texas (2), and Wyoming (2). Among persons who died, ages ranged from 48 to 96 years, with a median age of 81 years. In addition, one woman pregnant at the time of illness had a miscarriage. Ten deaths not attributed to listeriosis occurred among persons who had been infected with an outbreak-associated subtype.

Ultimately, the entire chain of distribution[1] – from farm to grocer (including auditors) – bears responsibility for this outbreak.  Who is more responsible – the farmer who grew the product, the auditor who looked the other way, or the retailer who simply cared that there was something on the shelf to sell?  That will be up to a jury to decide.

Few of us when we buy something like a cantaloupe in a grocery store could ever imagine that a grocer would ever claim that it has no moral or legal responsibility for selling you a product that sickened you or killed you husband or wife.  This is especially true when the grower is not financially responsible – bankrupt.  The moral issues aside, here are the legal reasons why a retailer will not escape responsibility or liability.

Strict Liability of Distributors and/or Sellers of the Products, “Innocent Sellers”Continue Reading Why Retailers in Colorado are Ultimately Responsible for Selling Listeria-Tainted Cantaloupe that Sickened 40 – Killing Nine

The Fort Collins Coloradoan reports that Colorado State University will host a Cantaloupe Safety Symposium that will compare findings from recent multistate outbreaks of Listeria and Salmonella.

“The Cantaloupe Safety Symposium: Moving from Response to Prevention” is part of CSU’s work advancing the science and knowledge of food safety, as well as sharing best practices…