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?

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

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.

The FDA is investigating a new outbreak of dozens of infections caused by the Cyclospora parasite.

Little information has been released, but the Food and Drug Administration is reporting that 51 people have been confirmed infected. The agency has not released any specific information about the patients such as their ages or where they live.

The FDA’s outbreak information indicated that a traceback investigation has begun, but it has not reported what food or foods are being traced. The agency has not initiated any on-site inspections or testing. 

In another outbreak for which the cause remains undetermined, the FDA reports that the Salmonella Paratyphi B var. L(+) tartrate+ source has not been found. The outbreak status is listed as ended with 14 people having been confirmed infected. The FDA’s investigation in ongoing and traceback efforts are under way for unspecified food or foods.

There are seven other FDA outbreak investigations underway as of July 27. They include:

• An investigation related to adverse effects associated with Daily Harvest brand frozen Leeks & Lentils Crumbles. The company has received more than 470 complaints of illnesses and as of July 14 the FDA had received 277 complaints. Some of the patients have gone into liver failure and at least 25 have had to have their gallbladders removed. The FDA is working on traceback efforts, has begun on-site inspection and product testing.
• An outbreak of Salmonella Braenderup infections in 70 confirmed patients. The cause is unknown but the FDA has begun traceback efforts. The agency has not revealed what food or foods are being traced.
• An outbreak of Listeria monocytogenes infections that has sickened 12 people. The FDA has initiated traceback efforts but has not yet reported what food or foods are being traced.
• An outbreak of hepatitis A infections traced to fresh strawberries that has sickened at least 19 people with 13 having been hospitalized. These potentially contaminated strawberries were imported from Baja California, a state in northern Mexico, and branded as FreshKampo and HEB and distributed nationwide. The FDA and the Centers for Disease Control and Prevention continue to investigate the outbreak. There have also been reports of sick people in Canada.
• An outbreak of “adverse events” involving 558 patients who ate Lucky Charms cereal. The investigation is ongoing and the FDA is conducting on-site inspections and testing.
• An outbreak of infections from Listeria monocytogenes traced to Big Olaf ice cream produced in Florida. A total of 23 confirmed patients have been reported with one death and one fetal loss. The patients are spread across 10 states and many of the sick people reported travel to Florida before becoming ill. Testing has shown Listeria in the manufacturing plant and in 16 of 17 flavors of Big Olaf ice cream. The company has been closed down by the state until further notice.
• An outbreak of infections from Cronobacter in four infants, one of whom died. The outbreak has been determined to be over by the CDC, but is it still under investigation. The babies consumed infant formula made by Abbott Nutrition’s plant in Sturgis, MI. 

Peanut Butter:

As of July 27, 2022, a total of 21 people infected with the outbreak strain of Salmonella Senftenberg were reported from 17 states. Illnesses started on dates ranging from February 20, 2022, through May 24, 2022.

Sick people ranged in age from less than one to 85 years, with a median age of 59, and 75% were female. Of 13 people with information available, 4 were hospitalized. No deaths were reported.

State and local public health officials interviewed people about the foods they ate in the week before they got sick. Of the 13 people interviewed, 13 (100%) reported eating peanut butter in the week before they got sick. This percentage was significantly higher than results from a survey of healthy people, in which 57% of respondents reported eating any peanut butter in the week before they were interviewed. This suggests that people in this outbreak got sick from eating peanut butter. All 13 people reported eating Jif brand peanut butter specifically.

Public health investigators used the PulseNet system to identify illnesses that were part of this outbreak. CDC PulseNet manages a national database of DNA fingerprints of bacteria that cause foodborne illnesses. DNA fingerprinting is performed on bacteria using a method called whole genome sequencing (WGS). WGS showed that bacteria from sick people’s samples were closely related genetically. This means that people in this outbreak likely got sick from the same food.

FDA conducted WGS analysis on an environmental sample collected at the Lexington, Kentucky, J.M. Smucker Company facility in 2010. The analysis shows that this 2010 environmental sample was closely related genetically to the outbreak strain.

On May 20, 2022, J.M. Smucker Company recalled multiple Jif brand peanut butter types made at the Lexington, Kentucky, facility. Additional companies recalled foods made with Jif brand peanut butter.

As of August 2, 2022, a total of 18 outbreak-associated cases of hepatitis A have been reported from 3 states.

Strawberries:

Illnesses started on dates ranging from March 28, 2022, to May 6, 2022. Ill people range in age from 9 to 73 years, with a median age of 57.5 years. Sixty-seven percent of ill people are female. Of 18 people with available information, 13 (72%) have been hospitalized. No deaths have been reported.

In total, there were 10 laboratory-confirmed cases of hepatitis A illness reported in two provinces: Alberta (4) and Saskatchewan (6). Individuals became ill between early and mid-April 2022. Individuals who became ill were between 10 to 75 years of age. Four individuals were hospitalized. No deaths were reported.

The CFIA conducted a food safety investigation into the FreshKampo brand fresh organic strawberries purchased between March 5 and 9, 2022 at Co-op stores in Alberta and Saskatchewan. There were no food recall warnings associated with this outbreak.

Epidemiologic and traceback evidence indicate that fresh organic strawberries, imported from Baja California, Mexico, are the likely source of this outbreak. The potentially affected FreshKampo and HEB products are past shelf life and no longer available for purchase in the United States. People who purchased FreshKampo or HEB fresh organic strawberries during March 5, 2022, through April 15, 2022, and then froze those strawberries for later consumption should not eat them. These products may have been sold at the following retailers, including, but not limited to: HEB, Kroger, Safeway, Sprouts Farmers Market, Trader Joe’s, Walmart, Weis Markets, and WinCo Foods.

The downstream recall previously reported (Urban Remedy Organic Revitalizing Tea Tonic Strawberry Hibiscus Rose) is now considered a market withdrawal. It has been determined that the product was not made using implicated strawberries.

In interviews, ill people answered questions about the foods they ate and other exposures in the 2 to 7 weeks before they became ill. Of people who were interviewed, 11/15 (73%) reported eating fresh organic strawberries. This proportion was significantly higher than results from a survey of healthy people in which 50% reported eating fresh strawberries in the week before they were interviewed.

Outbreak update:

Total Illnesses: 25

Hospitalizations: 24

Deaths: 1

Fetal Loss: 1

States with Cases: Colorado (1), Florida (13), Georgia (1), Illinois (1), Kansas (1), Nebraska (1), Massachusetts  (2), Minnesota (1), New Jersey (1), New York (2), and Pennsylvania (1).

Product Distribution: FL, OH Distribution has been confirmed for states listed, but product could have been distributed further, reaching additional states.

The CDC and FDA report since the last update on July 13, 2022, two more illnesses have been reported. As of August 2, 2022, a total of 25 people infected with the outbreak strain of Listeria monocytogenes have been reported from 11 states. Thirteen sick people are residents of Florida and ten reported traveling to Florida before getting sick. Illnesses started on dates ranging from January 24, 2021, to June 24, 2022.

Sick people range in age from less than one to 92 years, with a median age of 72, and 56% are male. Of 25 people with information available, 24 have been hospitalized. One death in a person who was not pregnant has been reported from Illinois. Five people got sick during their pregnancy, and one person’s illness resulted in a fetal loss.

The true number of sick people in an outbreak is likely higher than the number reported, and the outbreak may not be limited to the states with known illnesses. This is because some people recover without medical care and are not tested for Listeria. In addition, recent illnesses may not yet be reported as it usually takes 3 to 4 weeks to determine if a sick person is part of an outbreak.

Public health officials continue to interview people about the foods they ate before they got sick. Of the 21 people interviewed, all (100%) reported eating ice cream. Among 17 people who remembered details about the type of ice cream they ate, 12 reported eating Big Olaf Creamery brand ice cream or eating ice cream at locations that might have been supplied by Big Olaf Creamery. Eight sick people were identified as part of three illness clusters in this outbreak. An illness cluster is defined as two or more people who do not live in the same household who report eating food from the same retail location before getting sick. If several unrelated sick people ate food from the same retail location, it suggests that the contaminated food item was served or sold there. All three illness clusters were at retail locations that sell Big Olaf Creamery ice cream.

The Florida Department of Agriculture and Consumer Services (FDACS) collected samples of ice cream and environmental samples from the ice cream production area at the Big Olaf Creamery facility in Sarasota, Florida. FDACS also performed whole genome sequencing on these samples and the Florida Department of Health identified the outbreak strain in the samples collected from the ice cream and the environment.

This Listeria outbreak is a mess. Illnesses began in January 2021 and are likely to be continuing. Listeria has been found on equipment in the ice cream processing facility and in 16 of 17 flavors. Big Olaf first refused to recognize that it was the cause of the outbreak and refused to stop production and stop ice cream sales. According to the Florida Department of Agriculture and Consumer Services (FDACS):

“The results from product sampling taken from the Big Olaf production facility last week by FDACS found that 16 of the 17 flavors tested were positive for Listeria monocytogenes (L. mono). This includes Blueberry Cheesecake, Butter Pecan, Cherry Cordial, Chocolate, Chocolate Chip, Coconut, Coconut Almond Joy, Cookie Dough, Cookies & Cream, Kahlua Krunch, Mint Chip, Pistachio, Plantation Praline, Superman, Vanilla, and White Chocolate Raspberry. With these results, FDACS is currently issuing formal stop sales on the 16 products where L. mono was found, which were previously part of a voluntary recall. Our department continues to work closely with our state and federal partners on this investigation and enforcement of the stop sale.”

Please find linked here [dropbox.com] the results for the product samples that represent the 16 positive flavors. The one outstanding environmental sample [dropbox.com] noted previously has also come back positive, bringing the total positive environmental samples to 10, and I’m linking here [dropbox.com] to those results.

Listeria:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeriaoutbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks 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 Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as lettuce, polony, deli meat, cantaloupe, cheese, celery and milk.   

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

Update on May 4, 2022 on the grouped cases of hemolytic uremic syndrome and E. coli infections producing shiga-toxin and the consumption of frozen pizzas from the Nestlé Fraîch’Up range of the Buitoni® brand. Note – only a bout 5 to 10 percent of those diagnosed with E. coli infections develop a potentially life-threatening kidney failure complication, known as a hemolytic uremic syndrome (HUS). So, the number of actually sickened is significantly higher. Jack in the Box accounted for 732 sick, 178 seriously with four deaths.

Public Health France and the National Reference Center (CNR) E. coli and its associated laboratory (Institut Pasteur, Paris, and Microbiology Laboratory of the Robert Debré Hospital, Paris), in conjunction with the Directorate General for Food, the Directorate General for Competition, Consumer Affairs and Fraud Prevention, and in coordination with the Directorate General for Health, have been investigating since 02/10/2022 an increase in the number of cases of haemolytic uremic syndrome (HUS) pediatric infections and Shiga toxin-producing Escherichia coli (STEC) infections.

The epidemiological, microbiological and traceability investigations carried out since that date have confirmed a link between the occurrence of these grouped cases and the consumption of frozen pizzas from the Buitoni brand Fraîch’Up range contaminated with STEC bacteria. On 03/18/2022, the company proceeded with the withdrawal-recall of all the pizzas in the Fraîch’Up range, marketed since June 2021 and the authorities asked the people who hold these pizzas not to consume them and to destroy them.

The total number of HUS cases linked to the consumption of these pizzas has stabilized since the withdrawal-recall. Other reports of STEC infection are investigated as part of routine surveillance. To date, these reports are not linked to grouped cases or consumption of Fraîch’Up pizzas.

Case of SHU in France: update on 04/05/22

As of 04/05/2022, 56 confirmed cases have been identified, of which 54 are linked to STEC O26 strains, and 2 to STEC O103 strains.

These 56 cases occurred in 55 children and 1 adult, who presented symptoms between 18/01/2022 (week 3) and 05/04/2022 (week 14) (Figure 1). The epidemic peak is in week 7 (14/02 to 20/02) and week 9 (28/02 to 06/03), with 10 cases each of these weeks.

These 56 cases occurred in 12 regions of metropolitan France: Hauts-de-France (12 cases), Ile-de-France (9 cases), New Aquitaine (8 cases), Pays de la Loire (7 cases), Brittany ( 6 cases), Grand Est (3 cases), Provence-Alpes-Côte d’Azur (3 cases), Auvergne-Rhône-Alpes (2 cases), Occitanie (2 cases), Center Val-de-Loire (2 cases) , Bourgogne Franche-Comté (1 case) and Normandy (1 case) (Figure 2).

The 55 sick children are aged from 1 to 17 years with a median age of 6 years; 25 (45%) are female; 48 (87%) presented with HUS, 7 (13%) with STEC gastroenteritis. Two children died. The adult did not present with HUS.

Figure 1: Epidemic curve: number of confirmed cases of HUS and STEC infections, by week of onset of symptoms – metropolitan France, weeks 3 to 14, 2022 (N=54: week of onset of symptoms not specified for 2 cases )

Figure 2: Geographical distribution of confirmed cases of HUS and STEC infections (N=56) linked to the consumption of Buitoni® brand Fraîch’Up pizzas, by region of residence in metropolitan France, weeks 3 to 14, 2022

The epidemiological, microbiological and traceability investigations carried out since that date have confirmed a link between the occurrence of these grouped cases and the consumption of frozen pizzas from the Buitoni brand Fraîch’Up range contaminated with STEC bacteria.

The total number of cases of HUS linked to the consumption of these pizzas seems to have stabilized since the withdrawal-recall.

French prosecutors have searched a Buitoni frozen pizza factory in northern France, the suspected source of an E. coli outbreak, as well as the headquarters of its owner Nestle France.

An investigation into involuntary manslaughter and deceitful practices was opened on 1 April.

The search at the Caudry factory operated by Buitoni, which is owned by the Swiss food conglomerate Nestle, was confirmed by a police source and the Paris prosecutor’s office, which is leading the investigation.

Nestle France, whose headquarters outside Paris were also raided, announced a recall of the affected Fraich’UP pizzas on March 18, and authorities ordered a halt of their production at Caudry after carrying out two hygiene inspections. The inspections “revealed a deterioration of food hygiene controls”, the presence of “rodents” and “insufficient measures to prevent pests from contaminating a food production site.”

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, and Jimmy John’s.  We have proudly represented such victims as Brianne Kiner, Stephanie Smith and Linda Rivera.

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.

Additional Resources:

• About E. coli – a complete online resource with information on symptoms and risks of E. coli infection
• Marler Clark E. coli Lawsuits and Litigation
• A downloadable Family Health Guide on E. coli (PDF)
• E. coli Informational Video