CFIA FDA

Over the last 30 years I have gotten to know many that work or worked at both the FDA and CFIA.  I have supported their work and have spoken at many of their conferences.  However, shocked and disappointed are too light of words to describe their failure to live up to their Mission Statements:

The Food and Drug Administration (FDA) is responsible for protecting the public health by ensuring the safety, efficacy, and security … of our nation’s food supply, ….

The Canadian Food Inspection Agency (CFIA) [is] [d]edicated to safeguarding food, …, which enhances the health and well-being of Canada’s people, ….

Please note, that per the “Food Safety, Systems Recognition Arrangement,” the FDA and CFIA are supposed to desire greater “regulatory cooperation, collaboration, partnership and information exchange”… “with respect to public health and consumer protection relating to Food traded between the two countries, and to any food safety-related areas of mutual interest.”

As I said the other day, for nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the over 350 Daily Harvest cases (also with an ingredient known as Tara), we are representing over 30 people that have suffered acute liver failure linked to the Mango & Pineapple smoothies.  We are testing a variety of Daily Harvest and Revive products and have shared the results with both the FDA and Daily Harvest.

Monday 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.

On Monday I posted that I had just gotten off the phone with a Revive Mango & Pineapple smoothie customer who had her gallbladder removed the day before and learned about the link between her illness and the product by Yahoo News. I then had the identical call with another woman two days ago. She was about to have another smoothie as she recovered at home after having her gallbladder removed the day before when she read an article in the Washington Post about the growing outbreak.  

And guess what, another conversation this morning with a young woman who ate the Revive Mango & Pineapple smoothie in mid-July and is now suffering acute liver failure.  Someone sent her one of the above articles and she called me somewhat relived that she was not going to die from liver cancer.

As I said before, to date, Revive has NOT recalled the product – which may well be frozen in customer’s freezers.  Not recalling a product that is clearly sickening your customers is both legally and morally suspect. 

So, FDA, CFIA, what the hell are you doing?

Mr. Revive, what the hell are you thinking? Where are United States and Canadian health officials?

As I said the other day, for nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the nearly 350 Daily Harvest cases (also with an ingredient known as Tara), we are representing over two dozen people that have suffered acute liver failure linked to Mango & Pineapple.  Monday 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.

On Monday I posted that I had just gotten off the phone with a Revive Mango & Pineapple smoothie customer who had her gallbladder removed yesterday and learned about the link between her illness and the product by Yahoo News. I had the identical call with another woman a few moments ago. She was about to have another smoothie as she recovered at home after having her gallbladder removed two days ago when she read an article in the Washington Post about the growing outbreak.

To date, Revive has NOT recalled the product – which may well be frozen in customer’s freezers.  Not recalling a product that is clearly sickening your customers is both legally and morally suspect.  This is all that Revive has done to date – On July 25, 2022, Revive Customer Care sent this email to some customers:

An ingredient we use (tara protein) only in our Mango & Pineapple smoothie has recently been pulled by one of our competitors. Tara protein is widely used in baked goods, smoothies, yogurts, cereals, granola, etc. to give a natural plant based protein boost.

We have conducted numerous independent lab tests for pathogens, toxins, allergens for our Mango & Pineapple smoothie all of which have come back negative. All indications suggest our Mango & Pineapple smoothie is safe to consume, however, out of an abundance of caution we’ve decided to stop shipping this product for now. We are working closely with regulatory authorities for additional testing and guidance.

We have proactively replaced Mango & Pineapple with one of your other picks. This change will also be reflected in your account’s ‘box details’ section.

Thank you for continuing to trust us to bring you nutritious and delicious food right to your door.

Customer Care Team

Revive Superfoods

Surprisingly, not everyone reads my blog, or even reads the Washington Post. Companies – and the FDA and CFIA – have a moral and legal responsibility to protect consumers. Without a recall more people a bound to consume this frozen product. Revive, you will rue the day if consumers drink this tainted product after you knew or should have known that the product was unsafe. FDA, CFIA, what does the public pay you to do?

Pinnaple-1

For nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the nearly 350 Daily Harvest cases (also with an ingredient known as Tara), we are representing over two dozen people that have suffered acute liver failure linked to Mango & Pineapple.  Monday 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.

I just got off the phone with a Revive Mango & Pineapple smoothie customer who had her gallbladder removed yesterday and learned about the link between her illness and the product by Yahoo News.

To date, Revive has NOT recalled the product – which may well be frozen in customer’s freezers.  Not recalling a product that is clearly sickening your customers is both legally and morally suspect.  This is all that Revive has done to date – On July 25, 2022, Revive Customer Care sent this email to some customers:

An ingredient we use (tara protein) only in our Mango & Pineapple smoothie has recently been pulled by one of our competitors. Tara protein is widely used in baked goods, smoothies, yogurts, cereals, granola, etc. to give a natural plant based protein boost.

We have conducted numerous independent lab tests for pathogens, toxins, allergens for our Mango & Pineapple smoothie all of which have come back negative. All indications suggest our Mango & Pineapple smoothie is safe to consume, however, out of an abundance of caution we’ve decided to stop shipping this product for now. We are working closely with regulatory authorities for additional testing and guidance.

We have proactively replaced Mango & Pineapple with one of your other picks. This change will also be reflected in your account’s ‘box details’ section.

Thank you for continuing to trust us to bring you nutritious and delicious food right to your door.

Customer Care Team

Revive Superfoods

At a glance regarding Daily Harvest:

Total Adverse Illness Events: 329
Hospitalizations: 113
Last illness onset: July 16, 2022
States with Adverse Illness Events: AZ, CA, CO, CT, DE, FL, GA, IL, IN, IA, MD, MA, MN, MS, MI, MO, MT, NV, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI

The FDA, along with CDC and state and local partners, is investigating consumer complaints of gastrointestinal illness and abnormal liver function that may be attributable to eating Daily Harvest French Lentil & Leek Crumbles frozen product.

On June 17, 2022, in response to consumer complaints submitted to the company, Daily Harvest voluntarily initiated a recall of their French Lentil & Leek Crumbles. In response to Consumer Adverse Event Reports (CAERS) and Consumer Complaints submitted to the FDA, the FDA has initiated an investigation, including an inspection and sample collection in an effort to determine the cause of illnesses. As of July 28, 2022, the FDA has received 329 CAERS reports, and Consumer Complaints related to this product.

FDA’s investigation is ongoing, and more information will be provided as it becomes available.

Consumers should not eat, sell, or serve recalled products. Consumers who may still have the recalled product in their freezers should throw it away.

Product was sold through online sales and in two retail locations; the Daily Harvest store in Chicago, IL, and a “pop-up” store in Los Angeles, CA. French Lentil + Leek Crumbles is a frozen product packaged in a 12oz white pouch with the words “Daily Harvest” at the top, a large “CRUMBLES” immediately below the top and the words “French Lentil + Leek” in bold, as shown below. All lot codes of the French Lentil + Leek Crumbles are affected. At this time, no other Daily Harvest products are affected or part of this recall.

If you experience symptoms including yellowing of the skin and eyes (jaundice), dark urine, itching with no rash, gastrointestinal illness, nausea, fatigue, body aches, severe abdominal pain and/or fever after consuming this product, please consult with your healthcare provider. Let your healthcare provider know you have recently consumed the recalled Daily Harvest French Lentil & Leek Crumbles. Healthcare providers should report these illnesses to their health department.

According to a posting on Food Safety Canada’s website:

Romaine lettuce imported from the United States (U.S.) have been associated with several outbreaks of foodborne E. coliO157:H7 illnesses in Canada and the U.S. Food safety investigations from U.S. authorities have identified a recurring geographical area as the source of the outbreaks. This area encompasses the California Salinas Valley counties of Santa Cruz, Santa Clara, San Benito, and Monterey.

To decrease the risk associated with E. coli O157:H7 in romaine lettuce, the Canadian Food Inspection Agency (CFIA) is implementing temporary Safe Food for Canadians (SFC) licence conditions for the importation of romaine lettuce originating from the U.S. Between September 28 and December 22, 2022, importers of romaine lettuce and/or salad mixes containing romaine lettuce from the U.S. must:

  • declare that the product does not originate from counties of Santa Cruz, Santa Clara, San Benito and Monterey in the Salinas Valley, California, U.S., or 
  • submit an attestation form and Certificates of Analysis for each shipment to demonstrate that the romaine lettuce does not contain detectable levels of E. coli O157:H7

The complete details on the temporary SFC licence conditions and other existing import requirements are outlined in this document.

The temporary SFC licence conditions are in addition to other existing import requirements.

hmmm,

Pinnaple-1

For nearly a month we have known about the likely link between Revive Mango & Pineapple smoothies and an ingredient known as Tara. To date, in addition to the nearly 350 Daily Harvest cases (also with an ingredient known as Tara), we are representing over two dozen people that have suffered acute liver failure linked to Mango & Pineapple.  Monday 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.

I just got off the phone with a Revive Mango & Pineapple smoothie customer who had her gallbladder removed yesterday and learned about the link between her illness and the product by Yahoo News.

To date, Revive has NOT recalled the product – which may well be frozen in customer’s freezers.  Not recalling a product that is clearly sickening your customers is both legally and morally suspect.  This is all that Revive has done to date – On July 25, 2022, Revive Customer Care sent this email to some customers:

An ingredient we use (tara protein) only in our Mango & Pineapple smoothie has recently been pulled by one of our competitors. Tara protein is widely used in baked goods, smoothies, yogurts, cereals, granola, etc. to give a natural plant based protein boost.

We have conducted numerous independent lab tests for pathogens, toxins, allergens for our Mango & Pineapple smoothie all of which have come back negative. All indications suggest our Mango & Pineapple smoothie is safe to consume, however, out of an abundance of caution we’ve decided to stop shipping this product for now. We are working closely with regulatory authorities for additional testing and guidance.

We have proactively replaced Mango & Pineapple with one of your other picks. This change will also be reflected in your account’s ‘box details’ section.

Thank you for continuing to trust us to bring you nutritious and delicious food right to your door.

Customer Care Team

Revive Superfoods

Revive – Recall the damn Mango & Pineapple smoothies!

Sometimes my Blog Posts take time to come true.

Today’s News:

Blog Post 2015:

A federal Grand Jury indicted Kruse in 2020 after a five-year investigation. Kruse, was indicted separately on October 20, 2020 in connection with his alleged role in covering up from customers what the company knew about the contaminated ice cream.

As a corporate entity, Blue Bell pleaded guilty in a related case in 2020 to two counts of distributing adulterated food products in violation of the Federal Food, Drug, and Cosmetic Act.

The company agreed to pay criminal penalties totaling $17.5 million and $2,1 million to resolve False Claims Act allegations regarding ice cream products manufactured under unsanitary conditions and sold to federal facilities, including the military. The total $19.35 million in fines, forfeiture, and civil settlement payments was the second-largest amount ever paid in resolving a food safety matter.

As I said in 2015:

After watching the Blue Bell Listeria Outbreak unfold over the last months – especially after reading the FDA’s 483’s, I think it is time for the President and CEO of Blue Bell to consult with criminal counsel.  True, perhaps he did not know that his Broken Arrow Plant had Listeria positives going back over years, but knowledge is not necessary for the FDA and a US Attorney to prosecute – just ask the Jensens and DeCosters.

Congress passed the Federal Food, Drug, and Cosmetic Act in 1938 in reaction to growing public safety demands.  The primary goal of the Act was to protect the health and safety of the public by preventing deleterious, adulterated or misbranded articles from entering interstate commerce.  Under section 402(a)(4) of the Act, a food product is deemed “adulterated” if the food was “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.” A food product is also considered “adulterated” if it bears or contains any poisonous or deleterious substance, which may render it injurious to health.  The 1938 Act, and the recently signed Food Safety Modernization Act, stand today as the primary means by which the federal government enforces food safety standards.

Chapter III of the Act addresses prohibited acts, subjecting violators to both civil and criminal liability. Provisions for criminal sanctions are clear:

Felony violations include adulterating or misbranding a food, drug, or device, and putting an adulterated or misbranded food, drug, or device into interstate commerce.  Any person who commits a prohibited act violates the FDCA.  A person committing a prohibited act “with the intent to defraud or mislead” is guilty of a felony punishable by years in jail and millions in fines or both.

A misdemeanor conviction under the FDCA, unlike a felony conviction, does not require proof of fraudulent intent, or even of knowing or willful conduct.  Rather, a person may be convicted if he or she held a position of responsibility or authority in a firm such that the person could have prevented the violation.  Convictions under the misdemeanor provisions are punishable by not more than one year or fined not more than $250,000, or both.

The legal jargon aside, if you are a producer of food and knowingly or not sell adulterated food, you can (and should) face fines and jail time.  Mr. Kruse, I know you are a lawyer, but you should get another one.The inspection observations of the most recent completed FDA inspections at the Blue Bell production facilities in Brenham, Texas, Broken Arrow, Okla., and Sylacauga, Ala. are available:

We have been retained by 326 linked to Daily Harvest products and nearly two dozen linked to Revive Pineapple and Mango Smoothies.

According to the FDA, the Investigation of Adverse Event Reports: French Lentil & Leek Crumbles (June 2022) and no mention of Revive Pineapple and Mango Smoothies.

The FDA warns: Do not eat, sell, or serve recalled French Lentil & Leek Crumbles from Daily Harvest.

FDA’s investigation is ongoing.

Total Adverse Illness Events: 277

Hospitalizations: 96

Last illness onset: July 9, 2022

States with Adverse Illness Events: AZ, CA, CO, CT, DE, FL, GA, IL, IN, IA, MD, MA, MN, MI, MO, MT, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI

Product Distribution: Nationwide

And, what about Revive Pineapple and Mango Smoothies?

Remember, the link is Tara from Peru.


Since Reddit, Instagram, Tic Tok, Twitter and other social media, broke the story of hundreds of people suffering from acute liver failure in May, June and now July, linked to Daily Harvest French Lentil + Leek Crumbles – and Revive Pineapple and Mango Smoothies (more on Revive to come), we have been retained by over 325 people across the United States and at least one person in Dubai. We have filed three lawsuits – one on behalf of a woman who had her gall bladder removed, one on behalf of a breastfed 4-month-old who has suffered liver dysfunction after her mother consumed Daily Harvest Crumbles, and one on behalf of an 11-year-old – the only vegan in her family.

The stories are remarkably similar. Otherwise healthy people (majority women between 25 to 55) finding themselves with extreme abdominal pain in an emergency room (during COVID) being subjected to multiple procedures from blood and urine tests, to CT and MRI scans, various ultrasounds and even liver biopsies. As many as 100 have been hospitalized and at least 30 have had their gall bladders removed. Many are still suffering, and frankly frightened, by what is actually causing the illnesses, and what risk they have going forward. Many have found some sense of relief that they are part of an odd fraternity and sorority of acute liver failure sufferers. Physicians across the country have been stumped clinically by what mechanism has caused this.

The common thread has been severe liver dysfunction and the consumption of Daily Harvest French Lentil + Leek Crumbles or Revive Pineapple and Mango Smoothies and the common ingredient, Tara. Those products have been removed from the market.

However, Daily Harvest and Revive are being silent on who the manufacturer on the Daily Harvest French Lentil + Leek Crumbles or Revive Pineapple and Mango Smoothies are and who the exporter and importer of Tara that has been outed as the likely source of an ongoing outbreak of acute liver failure. I will ultimately force that disclosure.

What is perplexing is the FDA’s silence, if not outright downplaying of the link. The FDA provided this statement to the press yesterday:

Tara, or Caesalpinia spinosa is a shrub or tree that can reach a height of 8 meters with spreading, grey-barked leafy branches. The leaves are compound, bipinnate, alternate and spirally organized and reach a length of 35 cm. The fruit is a flat oblong indehiscent reddish pod which contains 4 ~ 7 large round black seeds composed of endosperm (22% by weight), germ (40%) and hull (38%). The tara tree is native to the Cordillera region of Peru and Bolivia in South America, where the fruit grows from April to December. Tara trees grow at up to 3,000 meters above sea level and tolerate dry climates and poor soils including those high in sand and rocks. The tree is also resistant to most pathogens and pests. Mature pods are usually harvested by hand and typically sun dried before processing. It appears to only grow above 9,000 feet in Peru – a trip to Machu Picchu is in order.

It seems like this is the perfect time for the FDA to “float down to Peru” and see what is up with Tara? It does not seem that far:

I leave you with the rest of the lyrics:

We are testing a wide variety of Daily Harvest and Revive food for a clue as to what is causing these illnesses, and hope to have something to report soon

So, who made the Tara, Daily Harvest, Stone Gate, Revive?

As Maya Angelou would say – “when we know better, we do better”.

For those who have been following my blog the last few weeks, there is little surprise that Tara has been the likely 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).

Here, in part was an email from Daily Harvest today – no such email from Stone Gate (Daily Harvest’s manufacturer) nor from Revive:

From: Rachel at Daily Harvest <hello@info.daily-harvest.com>
Date: Tue, Jul 19, 2022 at 4:01 PM
Subject: An update about our French Lentil + Leek Crumbles investigation

At this time, we have identified Tara flour as the cause of the issue. Our extensive investigation has involved many experts analyzing data from all sources. We have only used this ingredient in French Lentil + Leek Crumbles and we are no longer sourcing from this producer who does not provide any ingredients for our 140+ other items. This was the first and only time we’ve used Tara flour, which has been available and used in the North American market as a plant-based source of protein prior to our use. Our investigation team will continue working with the FDA, the Tara flour producer, and others to help determine what specifically made people sick. 

Although Tara may well be the common ingredient linked to the illnesses, to date what contaminate has not yet been identified.  And, I might add, neither has the Tara manufacturer nor the importer.

That may well have prompted this response from one former customer:

To: hello@daily-harvest.com <hello@daily-harvest.com>

Sent: Tuesday, July 19, 2022, at 02:40:06 PM MDT

Subject: Re: An update about our French Lentil + Leek Crumbles investigation

This makes my blood boil – I find it OFFENSIVE that these emails are always such a source of promotion for Daily Harvest and what an excellent job DH is doing.  This issue was not handled responsibly – I was one who was VERY ill for a month, hospitalized, tested numerous times trying to determine what was wrong while I was bedridden.  Talked doctors out of removing my gall bladder.   I had to discover on social media, not from Daily Harvest what was making me so ill…..shameful.  This organization is despicable.  By the way, Bill Marler (my attorney) is the one who figured out it was the Tara flour that poisoned us.  Way to take the credit for that.  

Rachel, you may have started this business with the best intentions, but you got lost along the way -forgot the importance/value of the health of your consumer & running a responsible organization.  Would never ingest one of your products again.

As Maya Angelou would say – “when we know better, we do better”.

To date we have been retained by 293 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 a dozen people sickened by Revive smoothies that also contained Tara.

Much more to be uncovered. I feel a field trip to Peru?

Early morning in wonderful Machu Picchu

Congress passed the Federal Food, Drug, and Cosmetic Act in 1938 in reaction to growing public safety demands.  The primary goal of the Act was to protect the health and safety of the public by preventing deleterious, adulterated or misbranded articles from entering interstate commerce.  Under section 402(a)(4) of the Act, a food product is deemed “adulterated” if the food was “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.” A food product is also considered “adulterated” if it bears or contains any poisonous or deleterious substance, which may render it injurious to health.  The 1938 Act, and the recently signed Food Safety Modernization Act, stand today as the primary means by which the federal government enforces food safety standards.

Chapter III of the Act addresses prohibited acts, subjecting violators to both civil and criminal liability. Provisions for criminal sanctions are clear:

Felony violations include adulterating or misbranding a food, drug, or device, and putting an adulterated or misbranded food, drug, or device into interstate commerce.  Any person who commits a prohibited act violates the FDCA.  A person committing a prohibited act “with the intent to defraud or mislead” is guilty of a felony punishable by years in jail and millions in fines or both.

A misdemeanor conviction under the FDCA, unlike a felony conviction, does not require proof of fraudulent intent, or even of knowing or willful conduct.  Rather, a person may be convicted if he or she held a position of responsibility or authority in a firm such that the person could have prevented the violation.  Convictions under the misdemeanor provisions are punishable by not more than one year or fined not more than $250,000, or both.

The legal jargon aside, if you are a producer of food and knowingly or not manufacturer and sell adulterated food, you can (and should) face fines and jail time.

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 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.

As of June 29, 2022, a total of 23 people infected with the outbreak strain of Listeria monocytogenes have been reported from 10 states. Of the 22 people with information, 20 sick people reported living in or traveling to Florida in the month before they got sick, although the significance of this is still under investigation. Illnesses started on dates ranging from January 24, 2021, through June 12, 2022.

The CDC reported that sick people range in age from less than 1 to 92 years, with a median age of 72, and 52% are male. Twenty-two people (96%) have been hospitalized. Five people got sick during their pregnancy, and one illness resulted in a fetal loss. One death has been reported from Illinois.

The Florida Department of Health, CDC, public health and regulatory officials in several other states, and the U.S. Food and Drug Administration (FDA) are collecting different types of data to investigate a multistate outbreak of Listeria monocytogenes infections. As a result of this investigation, Big Olaf Creamery in Sarasota, FL, is voluntarily contacting retail locations to recommend against selling their ice cream products. Consumers who have Big Olaf Creamery brand ice cream at home should throw away any remaining product.

Public health officials continue to interview people about the foods they ate in the month before they got sick. Of the 17 people interviewed, 14 (82%) reported eating ice cream. Among 13 people who remembered details about the type of ice cream they ate, six reported eating Big Olaf Creamery brand ice cream or eating ice cream at locations that might have been supplied by Big Olaf Creamery.

On July 1, 2022, Big Olaf Creamery in Sarasota, FL, voluntarily began contacting retail locations to recommend against selling their ice cream products. Consumers who have Big Olaf Creamery brand ice cream at home should throw away any remaining product.

Public health officials continue to interview people about the foods they ate in the month before they got sick. Of the 17 people interviewed, 14 (82%) reported eating ice cream. Among 13 people who remembered details about the type of ice cream they ate, six reported eating Big Olaf Creamery brand ice cream or eating ice cream at locations that might have been supplied by Big Olaf Creamery.

Listeria:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $850 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.