Over at iwaspoisoned.com, they continue to follow the “Magically Suspicious” illnesses that may be linked to General Mills Lucky Charms cereal.  The site states:

Starting in late 2021 Lucky Charms food poisoning reports started to trend on iwaspoisoned.com. Now there are reports of over 6,400 sick. and the FDA has initiated an investigation.  We recommend anyone who fell ill after eating Lucky Charms, to report it, and to keep left over product for testing. We will communicate procedures for testing to everyone  who reports their case.

General Mills seems suspiciously silent about Lucky Charms except for press releases on “The Story of Lucky: Cereal’s most recognized leprechaun takes readers on journey of discovery with new book, ‘The Magic Inside’” and “Lucky Charms inspires new family traditions for St. Patrick’s Day.

The FDA approached the issue a bit more obliquely, noting that there has not been found a pathogen or cause of the illness (now numbering 529 adverse event reports’) linked to “Dry Cereal.”

I guess I will stick with what I said to the Guardian last week:

William Marler, a lawyer who has been at the center of food safety battles for decades, isn’t convinced that the cereal is to blame for the reported illnesses. “Correlation is not necessarily causation,” he wrote in an email to the Guardian, echoing comments by colleagues elsewhere.

He noted the common experience of Googling a handful of symptoms and learning that the itch on your arm is almost definitely proof of a fatal illness. Something similar may be happening here, Marler suggests.

“People try to connect the dots between something that’s happening and something that’s known, but the connection may not necessarily be accurate,” he said in a phone interview.

“There are hundreds of thousands of people today in the United States that are having vomiting and diarrhea, from a bunch of different causes. And it also may be happening that some of those thousandsof people also happen to eat Lucky Charms. And now they’re seeing it in the news and they’re going: ‘Hey, wait a second. I had diarrhea a week ago, and I ate Lucky Charms. Therefore, it had to be the Lucky Charms.’”

In some cases, many of the complainants may be right about the link between their symptoms and a particular food product – while many others are wrong about the same thing. He describes a 2007 case in which several hundred people got sick from salmonella detected in Peter Pan peanut butter jars. “But we got 5,000 phone calls … And the vast majority of them were people who go, ‘Well, no, I didn’t have any medical treatment,’” he said.

“You knew that there was a clear outbreak link to a product. But then you still had thousands of people presuming that they got sick from eating the product. And they probably did not.”

That’s not at all to suggest that people are making up their symptoms or trying to “game the system” – just that it’s very challenging to ascertain the source. “That’s why foodborne illness cases are sometimes really, really difficult to figure out,” he said. Without “solid epidemiological evidence – you have stool culture, you have purchase history, you have the product testing positive, you have, unfortunately, lots of people getting sick, so you can tell the common denominator of what it is – it’s kind of hard to put it together.”

And of course, some people posting online about a connection between their symptoms and a source are absolutely right, and social media such as iwaspoisoned.com can be a useful tool for getting to the root of a problem. Marler once got a call from a customer saying she’d gotten salmonella from a Los Angeles restaurant and posted about it on Yelp – where dozens of others had said the same thing on the same day. “Ultimately, the Yelp review was correct,” he said. “It was an early warning system for getting the health department to act.”

As for the Lucky Charms, Marler says he’d like to see some more hard evidence – testing of products, clear diagnoses of customers’ illnesses – to learn more.

I’ll still go with “Magically Suspicious.

“In the United States, Escherichia coli O157:H7 causes ≈73,000 infections and 60 deaths annually (1). Infection progresses to hemolytic uremic syndrome (HUS) in 2% to 15% of cases (2).”

UPDATE: In France, STEC surveillance is based only on HUS in children younger than 15, so it only catches the most severe cases of E. coli infection – LINK

According to Sante Publique reports, as of 04/25/2022, 55 confirmed cases have been identified, of which 53 are linked to STEC O26 strains, and 2 to STEC O103 strains. Earlier reports on 04/13/2022, indicated that another 26 other cases of HUS and STEC infections notified to Public Health France with investigations are ongoing. The 54 sick children are aged from 1 to 17 years with a median age of 7 years; 24 (44%) are female; 47 (87%) presented with HUS, 7 (13%) with STEC gastroenteritis. Two children died. The adult did not present with HUS.

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 Nestlé Buitoni brand Fraîch’Up contaminated with STEC bacteria.

There is something wrong with the Santa Publique E. coli numbers.  Given that there are now at least 47 with hemolytic uremic syndrome (HUS), you would expect to see that the total number of ill would be closer to 500.  It appears that Santa Publique is counting the HUS cases primarily, leaving the STEC gastroenteritis cases relatively uncounted.  There should not be a 87% HUS to 14% STEC gastroenteritis ration – it should at the minimum be reversed, as cited above and as shown in the below E. coli flour outbreaks in the US.

These 55 cases occurred in 54 children and 1 adult, who presented symptoms between 18/01/2022 (week 3) and 25/03/2022 (week 12). 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 55 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), Auvergne-Rhône-Alpes (2 cases), Occitanie (2 cases), Provence-Alpes-Côte d’Azur (2 cases), Center Val-de-Loire (2 cases) , Bourgogne Franche-Comté (1 case) and Normandy (1 case).

So, why is flour the likely vector of this E. coli Outbreak?

According to the CDC, flour doesn’t look like a raw food, but most flour is raw. That means it hasn’t been treated to kill germs that cause food poisoning, such as E. coli. These harmful germs can contaminate grain while it’s still in the field or flour while it’s being made. Steps like grinding grain and bleaching flour don’t kill harmful germs—and these germs can end up in flour or baking mixes you buy at the store. You can get sick if you eat unbaked dough or batter made with flour containing germs.

We have seen these flour E. coli Outbreaks several times over the last “Baker’s Dozen” years.

Nestle Toll House Cookie Dough: As of Tuesday, June 30, 2009, 72 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 30 states. Of these, 51 have been confirmed by an advanced DNA test as having the outbreak strain; these confirmatory test results are pending on the others. The number of ill persons identified in each state is as follows: Arizona (2), California (3), Colorado (6), Connecticut (1), Delaware (1), Georgia (1), Iowa (2), Illinois (5), Kentucky (2), Massachusetts (4), Maryland (2), Maine (3), Minnesota (6), Missouri (1), Montana (1), North Carolina (2), New Hampshire (2), New Jersey (1), Nevada (2), New York (1), Ohio (3), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (4), Virginia (2), Washington (6), and Wisconsin (1). Ill persons range in age from 2 to 65 years; however, 65% are less than 19 years old; 71% are female. Thirty-four persons have been hospitalized, 10 developed hemolytic uremic syndrome (HUS); none have died. Reports of these infections increased above the expected baseline in May and continue into June.

Flour: As of September 5, 2016, 63 people infected with the outbreak strains of STEC O121 or STEC O26 were reported from 24 states: Alabama (1), Arkansas (1), Arizona (3), California (3), Colorado (4), Iowa (2), Illinois (4), Indiana (1), Massachusetts (3), Maryland (1), Michigan (4),  Minnesota (7), Missouri (1), Montana (2), Nebraska (1), New York (4), Oklahoma (3), Oregon (1), Pennsylvania (2),  Tennessee (1), Texas (2), Virginia (3), Washington (5) and Wisconsin (4). Illnesses started on dates ranging from December 21, 2015 to September 5, 2016. Ill people range in age from 1 year to 95, with a median age of 18. Seventy-six percent of ill people were female. Seventeen ill people were hospitalized. One person developed hemolytic uremic syndrome, a type of kidney failure, and no deaths were reported.

All Purpose Flour: As of July 11, 2019, a total of 21 people infected with the outbreak strain of E. coli O26 were reported from 9 states: California (1), Connecticut (1), Massachusetts (2), Missouri (1), New Jersey (1), New York (7), Ohio (5), Pennsylvania (2) and Rhode Island (1).Illnesses started on dates ranging from December 11, 2018 to May 21, 2019. Ill people range in age from 7 to 86 years, with a median age of 24. Seventy-one percent of ill people were female. Of 20 people with information available, 3 (15%) were hospitalized. No deaths were reported.

Cake Mix: As of July 27, 2021, 16 people infected with the outbreak strain of E. coli O121 have been reported from 12 states: Illinois (2), Indiana (1), Iowa (2), Massachusetts (1), Michigan (1), Nebraska (2), Ohio (2), Oregon (1), South Carolina (1), Utah (1),  Virginia (1) and Washington (1). Illnesses started on dates ranging from February 26, 2021 to June 21, 2021. Sick people range in age from 2 to 73 years, with a median age of 13, and 100% are female. Of 16 people with information available, 7 have been hospitalized. One person has developed a type of kidney failure called hemolytic uremic syndrome (HUS), and no deaths have been reported.

 

 

1. Mead PS, Slutsker L, Dietz V, McCaig LF, Bresee JS, Shapiro C, et al. Food-related illness in the United States. Emerg Infect Dis. 1999;5:607–25. 10.3201/eid0505.990502.
2. Dundas S, Todd WT, Stewart AI, Murdoc PS, Chaudhuri AKR, Hutchinson SJ. The central Scotland Escherichia coli O157:H7 outbreak: risk factors for hemolytic uremic syndrome and death among hospitalized patients. Clin Infect Dis. 2001;33:923–31. 10.1086/322598.

And, there have been more outbreaks and recalls.

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 KinerStephanie 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:

According to Sante Publique reports, as of 04/27/2022: 59 cases of salmonellosis with a strain belonging to the epidemic, Salmonella Typhimurium, have been identified by the National Reference Center (CNR) for salmonella at the Institute Pasteur in France.

The 59 cases are spread over 11 regions (Ile-de-France (11 cases), Grand-Est (10 cases), Provence-Alpes-Côte d’Azur (9 cases), Auvergne-Rhône-Alpes (7 cases), Hauts-de-France (6 cases), Bourgogne-Franche-Comté (4 cases), Normandy (4 cases), New Aquitaine (3 cases), Brittany (2 cases), Occitanie (2 cases), and Corsica (1 case), with a median age of 3 years, and concern 29 boys and 30 girls.

Forty-two cases were able to be questioned by Public Health France. All the cases report, before the onset of their symptoms (which occurred between 20/01 and 31/03/2022), the consumption of Kinder brand chocolates. Seventeen people were hospitalized for their salmonellosis, all since discharged. No deaths were reported.

Kinder Egg products and Schoko-Bons should not be eaten.

As a result of the continued investigation into an outbreak of salmonella cases linked to Kinder products, Ferrero has extended its recall to include all Kinder products manufactured at their Arlon site in Belgium between June and the present date.

These include Kinder Surprise, Kinder Mini Eggs, Kinder Surprise 100g and Kinder Schokobons.

The new update means all the products in the recall notice, regardless of best-before date, should not be eaten. The previous recall only covered products with best-before dates up to 7 October 2022.

Kinder product recall items

As of 04/22/22, According to EU health officials: The outbreak is characterized by an unusually high proportion of children being hospitalized, some with severe clinical symptoms such as bloody diarrhea. Based on interviews with patients and initial analytical epidemiological studies, specific chocolate products (Kinder) have been identified as the likely route of infection. Affected cases have been identified through advanced molecular typing techniques. As this method of testing is not routinely performed in all countries, some cases may be undetected.

Kinder chocolate product recalls have been launched globally and examples of these can be found on several countries web sites including Belgium, France, Germany, Ireland, Luxembourg, Netherlands, Norway, and the UK. The recalls aim to prevent the consumption of products potentially contaminated with Salmonella. Further investigations are being conducted by public health and food safety authorities in countries where cases are reported, to identify the cause and the extent of the contamination, and to ensure contaminated products are not put on the market.

There has been 1 case reported in the United Sates to date.

According to Sante Publique reports, as of 04/27/2022: 59 cases of salmonellosis with a strain belonging to the epidemic, Salmonella Typhimurium, have been identified by the National Reference Center (CNR) for salmonella at the Institute Pasteur in France.

The 59 cases are spread over 11 regions (Ile-de-France (11 cases), Grand-Est (10 cases), Provence-Alpes-Côte d’Azur (9 cases), Auvergne-Rhône-Alpes (7 cases), Hauts-de-France (6 cases), Bourgogne-Franche-Comté (4 cases), Normandy (4 cases), New Aquitaine (3 cases), Brittany (2 cases), Occitanie (2 cases), and Corsica (1 case), with a median age of 3 years, and concern 29 boys and 30 girls.

Forty-two cases were able to be questioned by Public Health France. All the cases report, before the onset of their symptoms (which occurred between 20/01 and 31/03/2022), the consumption of Kinder brand chocolates. Seventeen people were hospitalized for their salmonellosis, all since discharged. No deaths were reported.

According to the World Health Organization (WHO), as of 25 April 2022, a total of 151 genetically related cases of S. Typhimurium suspected to be linked to the consumption of the implicated chocolate products have been reported from 11 countries (Figure 1): Belgium (26 cases), France (25 cases), Germany (10 cases), Ireland (15 cases), Luxembourg (1 case), the Netherlands (2 cases), Norway (1 case), Spain (1 case), Sweden (4 cases), the United Kingdom (65 cases) and the United States of America (1 case).

Salmonella:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clark have represented thousands of victims of Salmonella 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 Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants.  The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart.

If you or a family member became ill with a Salmonella infection, including Reactive Arthritis or Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.

Additional Resources:

The UK Health Security Agency (UKHSA) is continuing to investigate an ongoing outbreak of salmonella linked to certain Kinder products made in one of Ferrero’s factories, in Arlon, Belgium.

We are working with the Food Standards Agency, Food Standards Scotland, Public Health Scotland, Public Health Wales, Public Health Agency Northern Ireland, as well as international public health and food safety authorities, to ensure that the risk to public health is minimised as far as possible.

As of  April 29, 2022, there are 76 cases linked to this outbreak in the UK. The majority of the cases are children under 5 years of age.

Kinder Egg products and Schoko-Bons should not be eaten.

As a result of the continued investigation into an outbreak of salmonella cases linked to Kinder products, Ferrero has extended its recall to include all Kinder products manufactured at their Arlon site in Belgium between June and the present date.

These include Kinder Surprise, Kinder Mini Eggs, Kinder Surprise 100g and Kinder Schokobons.

The new update means all the products in the recall notice, regardless of best-before date, should not be eaten. The previous recall only covered products with best-before dates up to 7 October 2022.

Kinder product recall items

As of 04/22/22, According to EU health officials: The outbreak is characterized by an unusually high proportion of children being hospitalized, some with severe clinical symptoms such as bloody diarrhea. Based on interviews with patients and initial analytical epidemiological studies, specific chocolate products (Kinder) have been identified as the likely route of infection. Affected cases have been identified through advanced molecular typing techniques. As this method of testing is not routinely performed in all countries, some cases may be undetected.

Kinder chocolate product recalls have been launched globally and examples of these can be found on several countries web sites including Belgium, France, Germany, Ireland, Luxembourg, Netherlands, Norway, and the UK. The recalls aim to prevent the consumption of products potentially contaminated with Salmonella. Further investigations are being conducted by public health and food safety authorities in countries where cases are reported, to identify the cause and the extent of the contamination, and to ensure contaminated products are not put on the market.

There has been 1 case reported in the United Sates to date.

According to Sante Publique reports, as of 04/27/2022: 59 cases of salmonellosis with a strain belonging to the epidemic, Salmonella Typhimurium, have been identified by the National Reference Center (CNR) for salmonella at the Institute Pasteur in France.

The 59 cases are spread over 11 regions (Ile-de-France (11 cases), Grand-Est (10 cases), Provence-Alpes-Côte d’Azur (9 cases), Auvergne-Rhône-Alpes (7 cases), Hauts-de-France (6 cases), Bourgogne-Franche-Comté (4 cases), Normandy (4 cases), New Aquitaine (3 cases), Brittany (2 cases), Occitanie (2 cases), and Corsica (1 case), with a median age of 3 years, and concern 29 boys and 30 girls.

Forty-two cases were able to be questioned by Public Health France. All the cases report, before the onset of their symptoms (which occurred between 20/01 and 31/03/2022), the consumption of Kinder brand chocolates. Seventeen people were hospitalized for their salmonellosis, all since discharged. No deaths were reported.

According to the World Health Organization (WHO), as of 25 April 2022, a total of 151 genetically related cases of S. Typhimurium suspected to be linked to the consumption of the implicated chocolate products have been reported from 11 countries (Figure 1): Belgium (26 cases), France (25 cases), Germany (10 cases), Ireland (15 cases), Luxembourg (1 case), the Netherlands (2 cases), Norway (1 case), Spain (1 case), Sweden (4 cases), the United Kingdom (65 cases) and the United States of America (1 case).

Salmonella:  Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Salmonella outbreaks. The Salmonella lawyers of Marler Clark have represented thousands of victims of Salmonella 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 Salmonella lawyers have litigated Salmonella cases stemming from outbreaks traced to a variety of foods, such as cantaloupe, tomatoes, ground turkey, salami, sprouts, cereal, peanut butter, and food served in restaurants.  The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart.

If you or a family member became ill with a Salmonella infection, including Reactive Arthritis or Irritable bowel syndrome (IBS), after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Salmonella attorneys for a free case evaluation.

Additional Resources:

How confident should we feel with this waring from the FDA:

“those seeking access [to the formula] should consult with their healthcare provider in considering whether the benefit of consuming such product outweighs the potential risk of bacterial infection in the user’s particular circumstances.”

Linked to Cronobacter sakazakii to date:

Illnesses: 4

Deaths: 2

States: 3 (Minnesota, Ohio, Texas)

Perhaps read these first?

Here is the most recent inspection report at the plant – APPLIED – FOI II – BR Abbott Nutritions- FEI# 1815692 9-2021 EIR.

Here are the whistleblower documents – Redacted Confidential Disclosure re Abbott Laboratories – 10-19-2021_Redacted (1)

The U.S. Food and Drug Administration (FDA), along with the Centers for Disease Control and Prevention (CDC) and state and local partners are investigating consumer complaints and/or reports of infant illness, received from 9/20/2021 to 1/11/2022, related to products from Abbott Nutrition’s Sturgis, MI, facility. The four ill patients are reported to have consumed powdered infant formula produced from Abbott Nutrition’s Sturgis, MI, facility.

Following the voluntary recall and hold of certain powdered infant formula products produced at the Abbott Nutrition facility in Sturgis, MI, Abbott has committed to completing enhanced testing of stored product batches prior to making release determinations. While the FDA recognizes that Abbott has conducted standard product testing, there were a limited number of samples tested. Additionally, although finished product testing does not eliminate the risk of contamination, the enhanced testing will provide for a greater chance to detect Cronobacter sakazakii, if present; however, this enhanced level of testing will take additional time.

In the meantime, the FDA has informed Abbott Nutrition that the agency has no objection to the company immediately releasing product to individuals needing urgent, life-sustaining supplies of the specialty and metabolic formulas listed below on a case-by-case basis. The FDA is concerned that the risk of not having certain specialty and metabolic products available could significantly worsen underlying medical conditions and in some cases pose life-threatening risks for infants and individuals who rely on these products. In these circumstances, the benefit of allowing parents, in consultation with their healthcare providers, to access these products may outweigh the potential risk of bacterial infection.

Abbott has confirmed with the FDA that the company will consider release of these products on a case-by-case basis, depending on product availability and the severity of the individual’s need. Patients and caregivers seeking access to these products should contact Abbott directly to request that a product be made available to them by calling 1-800-881-0876.

It is important for parents and caregivers to understand that any products released on a case-by-case basis at this time were made at Abbott Nutrition’s Sturgis, MI, facility, and that the processes, procedures, and conditions that the FDA observed during its inspection of the Sturgis MI production facility from January 31 – March 3, 2022, raise concerns that powdered infant formula produced at this facility prior to the FDA’s inspection carry a risk of contamination. Therefore, those seeking access should consult with their healthcare provider in considering whether the benefit of consuming such product outweighs the potential risk of bacterial infection in the user’s particular circumstances. Parents and caregivers should continue to work with their medical provider to consider whether comparable alternative products may be appropriate.

Parents and caregivers who obtain these products should carefully follow Abbott’s preparation instructions as indicated on the product container. Should product released on a case-by-case basis be used, parents and caregiver should pay close attention to the user’s health status and alert a healthcare provider immediately of any change in health status. In the meantime, the FDA is continuing to work diligently to ensure the safe resumption of production of infant formula at Abbott Nutrition’s Sturgis, Michigan facility.

Specialty and Metabolic Formulas that may be Released on a Case-By-Case Basis:

Glutarex-1
Glutarex-2
Cyclinex-1
Cyclinex-2
Hominex-1
Hominex-2
I-Valex-1
I-Valex-2
Ketonex-1
Ketonex-2
Phenex-1
Phenex-2
Phenex-2 Vanilla
Pro-Phree
Propimex-1
Propimex-2
ProViMin
Calcilo XD
Tyrex-1
Tyrex-2
Similac PM 60/40

The FDA is advising consumers not to use recalled Similac, Alimentum, or EleCare powdered infant formulas. Recalled products can be identified by the 7 to 9 digit code and expiration date on the bottom of the package (see image below). Products are included in the recall if they have all three items below:

the first two digits of the code are 22 through 37 and
the code on the container contains K8, SH, or Z2, and
the expiration date is 4-1-2022 (APR 2022) or later.

In addition to products described above, Abbott Nutrition has recalled Similac PM 60/40 with a lot code 27032K80 (can) / 27032K800 (case). At this time, Similac PM 60/40 with lot code 27032K80 (can) / 27032K800 (case) is the only type and lot of this specialty formula being recalled. Additional recall information for the initial recall is available on the FDA website. Parents can also enter their product lot code on the company’s websiteExternal Link Disclaimer to check if it is part of the recall.

According to Sante Publique reports, as of 04/25/2022, 55 confirmed cases have been identified, of which 53 are linked to STEC O26 strains, and 2 to STEC O103 strains. Earlier reports on 04/13/2022, indicated that another 26 other cases of HUS and STEC infections notified to Public Health France with investigations are ongoing.

These 55 cases occurred in 54 children and 1 adult, who presented symptoms between 18/01/2022 (week 3) and 25/03/2022 (week 12). 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 55 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), Auvergne-Rhône-Alpes (2 cases), Occitanie (2 cases), Provence-Alpes-Côte d’Azur (2 cases), Center Val-de-Loire (2 cases) , Bourgogne Franche-Comté (1 case) and Normandy (1 case).

The 54 sick children are aged from 1 to 17 years with a median age of 7 years; 24 (44%) are female; 47 (87%) presented with HUS, 7 (13%) with STEC gastroenteritis. Two children died. The adult did not present with HUS.

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:

United Kingdom and France have most illnesses to date.

As of 04/22/22, According to EU health officials: The outbreak is characterized by an unusually high proportion of children being hospitalized, some with severe clinical symptoms such as bloody diarrhea. Based on interviews with patients and initial analytical epidemiological studies, specific chocolate products (Kinder) have been identified as the likely route of infection. Affected cases have been identified through advanced molecular typing techniques. As this method of testing is not routinely performed in all countries, some cases may be undetected.

Kinder chocolate product recalls have been launched globally and examples of these can be found on several countries web sites including Belgium, France, Germany, Ireland, Luxembourg, Netherlands, Norway, and the UK. The recalls aim to prevent the consumption of products potentially contaminated with Salmonella. Further investigations are being conducted by public health and food safety authorities in countries where cases are reported, to identify the cause and the extent of the contamination, and to ensure contaminated products are not put on the market.

There has been 1 case reported in the United Sates to date.

According to Sante Publique reports, as of 04/27/2022: 59 cases of salmonellosis with a strain belonging to the epidemic, Salmonella Typhimurium, have been identified by the National Reference Center (CNR) for salmonella at the Institute Pasteur in France.

The 59 cases are spread over 11 regions (Ile-de-France (11 cases), Grand-Est (10 cases), Provence-Alpes-Côte d’Azur (9 cases), Auvergne-Rhône-Alpes (7 cases), Hauts-de-France (6 cases), Bourgogne-Franche-Comté (4 cases), Normandy (4 cases), New Aquitaine (3 cases), Brittany (2 cases), Occitanie (2 cases), and Corsica (1 case), with a median age of 3 years, and concern 29 boys and 30 girls.

Forty-two cases were able to be questioned by Public Health France. All the cases report, before the onset of their symptoms (which occurred between 20/01 and 31/03/2022), the consumption of Kinder brand chocolates. Seventeen people were hospitalized for their salmonellosis, all since discharged. No deaths were reported.

According to the World Health Organization (WHO), as of 25 April 2022, a total of 151 genetically related cases of S. Typhimurium suspected to be linked to the consumption of the implicated chocolate products have been reported from 11 countries (Figure 1): Belgium (26 cases), France (25 cases), Germany (10 cases), Ireland (15 cases), Luxembourg (1 case), the Netherlands (2 cases), Norway (1 case), Spain (1 case), Sweden (4 cases), the United Kingdom (65 cases) and the United States of America (1 case).

Salmonella Chocolate: According to Sante Publique reports, as of 04/27/2022: 59 cases of salmonellosis with a strain belonging to the epidemic, Salmonella Typhimurium, have been identified by the National Reference Center (CNR) for salmonella at the Institute Pasteur in France.

The 59 cases are spread over 11 regions (Ile-de-France (11 cases), Grand-Est (10 cases), Provence-Alpes-Côte d’Azur (9 cases), Auvergne-Rhône-Alpes (7 cases), Hauts-de-France (6 cases), Bourgogne-Franche-Comté (4 cases), Normandy (4 cases), New Aquitaine (3 cases), Brittany (2 cases), Occitanie (2 cases), and Corsica (1 case), with a median age of 3 years, and concern 29 boys and 30 girls.

Forty-two cases were able to be questioned by Public Health France. All the cases report, before the onset of their symptoms (which occurred between 20/01 and 31/03/2022), the consumption of Kinder brand chocolates. Seventeen people were hospitalized for their salmonellosis, all since discharged. No deaths were reported.

E. coli Pizza: According to Sante Publique reports, as of 04/25/2022, 55 confirmed cases have been identified, of which 53 are linked to STEC O26 strains, and 2 to STEC O103 strains. For 26 other cases of HUS and STEC infections notified to Public Health France, investigations are ongoing.

These 55 cases occurred in 54 children and 1 adult, who presented symptoms between 18/01/2022 (week 3) and 25/03/2022 (week 12). 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 55 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), Auvergne-Rhône-Alpes (2 cases), Occitanie (2 cases), Provence-Alpes-Côte d’Azur (2 cases), Center Val-de-Loire (2 cases) , Bourgogne Franche-Comté (1 case) and Normandy (1 case).

The 54 sick children are aged from 1 to 17 years with a median age of 7 years; 24 (44%) are female; 47 (87%) presented with HUS, 7 (13%) with STEC gastroenteritis. Two children died. The adult did not present with HUS.

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.

As of today the USDA is still investigating a Salmonella Enteritidis outbreak but little information has been released.

Chicken has been identified as the possible source for the pathogen, according to the U.S. Department of Agriculture’s Food Safety Inspection Service.

The agency has not released any information regarding the number of infected people or where they live. Similarly, no information  has been released about companies involved in the investigation or brands of chicken involved.

As of April 29 the Centers for Disease Control and Prevention had not released any information regarding the outbreak.

The CDC reports that about 1 in every 25 packages of chicken at the grocery store are contaminated with Salmonella and that you can get sick from contaminated chicken if it’s not cooked thoroughly or if its juices leak in the refrigerator or get on kitchen surfaces and then get on something you eat raw, such as salad.  The CDC also reports that about 17% of all Salmonella cases are linked to chicken consumption.

On Jan. 19, 2020, we filed a petition with USDA’s Food Safety and Inspection Service (FSIS), on behalf of Rick Schiller, Steven Romes, the Porter family, Food & Water Watch, Consumer Federation of America, and Consumer Reports. 20-01-marler-011920 The petition asked FSIS to declare the following Salmonella “outbreak serotypes” as per se contaminants (adulterants) in meat and poultry products:

Salmonella Agona, Anatum, Berta, Blockely, Braenderup, Derby, Dublin, Enteritidis, Hadar, Heidelberg, I 4,[5],12:i:-, Infantis, Javiana, Litchfield, Mbandaka, Mississippi, Montevideo, Muenchen, Newport, Oranienburg, Panama, Poona, Reading, Saintpaul, Sandiego, Schwarzengrund, Senftenberg, Stanley, Thompson, Typhi, and Typhimurium.

I said at the time, reducing salmonellosis from meat and poultry “demands bold action” beyond that yet taken by FSIS. Salmonella is a leading cause of foodborne illness in the United States, causing 1.35 million illnesses, 26,500 hospitalizations, 130 outbreaks, and 420 deaths each year.

Presently, government regulators are somewhat silent with what they intend to do.  The poultry industry, as expected, sees any additional regulation as unnecessary, burdensome and costly.

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.

For Abbott, at least 4 kids were sickened and of those two died, from drinking infant formula.

Here is the most recent inspection report at the plant – APPLIED – FOI II – BR Abbott Nutritions- FEI# 1815692 9-2021 EIR.

Here are the whistleblower documents – Redacted Confidential Disclosure re Abbott Laboratories – 10-19-2021_Redacted (1)

Please read the above and ask the question: is this how infant formula should be manufactured?

Information in the confidential whistle blower document was provided by a former employee who worked in the production plant in Quality Systems, a subunit of the Quality Assurance organization in Sturgis, MI, as part of Abbott’s Nutritional Division. 

The whistle blower document outlines many problems at the Abbott production facility in Sturgis, MI, including the following:

  1. The Falsification of Records – On multiple occasions, and in various ways, records have been knowingly falsified. In most but not all of the situations, information of a material nature was not disclosed. This included testing seals on empty cans; signing verifications without adequate knowledge; understating or inaccurately describing events so as to limit or avoid oversight; issuing certifications of projection pages bereft of pertinent data; shipping packages with fill weights lower than represented on the labels; failing to maintain accurate maintenance records; and prematurely removing holds in the absence of all requisite approvals. 
  1. Releasing Untested Infant Formula – The Sturgis site performed a time code removal after the discovery of microorganisms (“micros”) in a batch of infant formula. The remaining portion of the batch outside the time code removal was released without additional testing. On another occasion product was not re-called from the market even after management became aware of a nonconformity (“NC”). 
  1. The 2019 FDA Audit – Active efforts were undertaken and even celebrated during and after the 2019 FDA audit to keep the auditors from learning of certain events believed to be associated with the discovery of micros in infant formula at the Sturgis site.
  2. Clean-in-Place Staffing and Practices – The Sturgis site has continued to permit lax practices associated with clean-in-place (“CIP”) procedures. The Sturgis site failed and continues to fail to have staff in place with sufficient training and experience to review CIP charts. Nor are CIP charts regularly reviewed prior to the release of a batch. CIP checklists do not require signatures of those performing the tasks and are not otherwise subject to audit by QS staff.
  3. Failure to Take Corrective Measures The Sturgis site has repeatedly failed to undertake reasonable measures to reduce natural or unavoidable defects to the level feasible as mandated by the current Good Manufacturing Practices (“cGMPs”). Deficient testing procedures known to be prone to causing mistakes have not been corrected. The Sturgis site continues to rely on staff with insufficient training and experience to interact with third-party labs (“TPL”). 
  1. Lack of Traceability – The Sturgis site has ongoing problems associated with the traceability of its products. The automatic labeler frequently failed to work properly and led to significant difficulties in retracing product. QS staff never knew with certainty if an affected pallet was retrieved. 

The disclosure document was sent to top food safety officials and other leaders at FDA in October 2021. They included FDA’s top official, then-acting Commissioner Janet Woodcock, Susan Mayne, director of the Center for Food Safety and Applied Nutrition, Judy McMeekin, associate commissioner for Regulatory Affairs, and Catherine Hermsen, assistant commissioner of the agency’s Office of Criminal Investigations. The document was apparently not sent to FDA’s deputy director for food safety concerns, Frank Yiannas.

Things need to change.  People need to be held accountable.