Our Food Safety Guardians Deserved Capes, Not Pink Slips

This is not just another editorial. This is a thank you letter, an acknowledgment, and a rallying cry.

For decades, people have stood quietly between us and harm – heroes who safeguarded every bite we take, every meal we share. They kept food safe and public health strong, so families could gather — around kitchen tables, in school cafeterias, and at holiday feasts — with confidence and trust.

And yet today, many of them woke up without the badge they proudly carried. Without the title, the office, or the tools they relied upon. They didn’t lose these things because they failed. They lost them because someone, somewhere, decided that the work of protecting people could be put on hold. But here’s what wasn’t taken: their purpose, their passion, and the undeniable truth that their work made – and continues to make – a difference.

To those recently laid off from the CDC, FDA, HHS, USDA, and other public health agencies: We see you. We see the sacrifices you made, the late nights you spent tracing outbreaks, the painstaking investigations, the regulations you fought to strengthen. Your work was never measured by the nameplate on your desk The real value of your work was measured by the millions of families who felt safe without ever realizing all the risks you kept at bay.

And you were never alone.

You are part of a bigger story. One written by parents who read every food recall as a vital message for their children. By students sitting in classrooms who dream of following in your footsteps. By professors who tell your stories as lessons in integrity and leadership. By industry leaders who learned from you, carrying your influence into production lines and boardrooms. And by every consumer who unknowingly places their trust in the invisible work you’ve done — every single day.

But let’s be honest. We deserve better. You deserve better. We all do. The public deserves agencies fully staffed with experts who are equipped, supported, and empowered to do the work. The safeguarding of public health is not a line item. It’s not optional. It is the quiet infrastructure of every community, every kitchen, every plate.

And yet — I remain hopeful.

This is not the end. This is not a farewell. The talent, wisdom, and fire that you carry didn’t disappear with your badge. It is still here. It is still needed. Whether you will be working in classrooms, research labs, advocacy organizations, local health departments, farms, factories, or simply educating your neighbors — the calling that first drew you to this field still calls.

The road ahead will not be easy. The consequences of these layoffs are already unfolding — fewer inspections, delayed outbreak responses, families left vulnerable. And yet, you continue to show up. Not because it’s easy, but because you understand the stakes.

So we will move forward. Not out of convenience, but out of courage. And when the story of this moment is told — when future generations look back — may it be said:

This is when they stood tall. This is when they kept faith with the people they served. This is when they showed the world what leadership really looks like.

Thank you.

Dr. Darin Detwiler

RFK’s cuts to FDA are a threat to public health and safety

Statement of CSPI Director of Regulatory Affairs Sarah Sorscher

Deadly Listeria in shakes served at nursing homes. Disease-causing E. coli linked to onions served in McDonald’s. Salmonella in cucumbers landed 155 people in the hospital. These are just a few of the disturbing pathogens identified in foods tied to high-profile outbreaks last year. 

Americans from across the political spectrum clearly care about food safety. This bipartisan interest led to the passage of the 2010 Food Safety Modernization Act, which shifted our national approach from reacting to outbreaks to preventing them. 

Yet last week, Health Secretary Robert F. Kennedy, Jr., who has vowed to “Make America Healthy Again,” in part by improving the American diet, announced he would be laying off 10,000 workers from federal health agencies, including 3,500 from the Food and Drug Administration. FDA staff began to learn on Tuesday of cuts across the agency, which are sweeping and threaten federal outbreak prevention and chemical safety efforts.  

As of the time I write, the administration has yet to announce full details on the cuts, but last week’s announcement appeared to disproportionately exempt the FDA’s drug, biologics, and device centers, where most premarket product reviewers work. These centers are doubly protected from cuts because they receive user fees from industry, which come with requirements to maintain congressional appropriations at predetermined levels.  

So what’s left to cut at the FDA? Disproportionately, it’s food. And within foods, non-inspection programs are most likely to be targeted, as the statement announcing the cuts indicated that inspection workers will be protected from the cuts.  

What do the staff at the FDA’s foods program do? For one thing, they write the policies RFK, Jr., has championed, like standards and testing for heavy metals in baby food, a project he hopes to complete with his “Operation Stork Speed.” (It’s worth noting that President Trump has also weakened rules preventing heavy metals from contaminating the environment, a key source of heavy metal contamination in foods.) 

Transparency, another stated Kennedy priority, also takes staffing. The Secretary recently celebrated a tool for centralizing information on chemical contaminants, yet that tool doubtless took work from information technology and communications specialists whose jobs are now in jeopardy. 

But much of the work for the human foods program aims to prevent outbreaks. FDA does this primarily by enforcing rules and translating lessons learned from past outbreaks into standards and guidance for industry. The workers who develop the science, seek stakeholder input, and publish, communicate, and enforce the standards that prevent outbreaks could all be subject to cuts under the latest announcement. 

And finally, while RFK, Jr.’s announcement purports to protect safety inspectors from job cuts, the obvious truth is that most FDA food safety inspections are not carried out by the FDA, but are conducted under state grants that have already been targeted for cuts. In March, many of the state programs that carry out 90 percent of our produce and 75 percent of our manufactured foods inspections quietly received word that they would face steep cuts in federal funding.  

The cuts were initially planned to remove 30 percent of program funding, but states have learned the cuts now will approach 60 percent. State governments are unlikely to make up for lost federal dollars because they face steep federal cuts on many fronts. That means food safety inspection as a whole will plummet in the coming year. 

Food safety prevention efforts have been affected before. During the COVID-19 pandemic, when the FDA placed many inspections on hold, an infant formula facility in Sturgis, Michigan, went uninspected, as conditions developed that would soon lead to a deadly multistate outbreak of Cronobacter and a nationwide formula shortage. 

That outbreak made one thing clear: When the FDA is unable to inspect, people die. And often those people are young children, the very group RFK, Jr., has made the focus of his efforts to “Make America Healthy Again.” It is these kids, and other vulnerable U.S. consumers, who will suffer the most if his assault on the federal workforce moves forward. 

    The Centers for Disease Control and Prevention (CDC), the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS), the U.S. Food and Drug Administration (FDA), and state partners investigated a multistate outbreak of Listeria monocytogenes infections in 2021 through 2023. This outbreak was given the CDC outbreak code: 2107MLGX6-1. 

    The investigation began in July 2021, when the New York City Department of Health and Mental Hygiene investigated four cases of listeriosis who were of Eastern European descent. Two of these case samples were found to be identical by whole genome sequencing, at which point the Centers for Disease Control and Prevention were notified, and a multistate investigation was initiated.

    A total of 16 people infected with the outbreak strain of Listeria were reported from 6 states (CA, IL (2), MD (2), MA (2), NJ, and NY (7)). Case samples were collected from April 17, 2021, to September 29, 2022. Sick people ranged in age from 38 to 92 years, with a median age of 74, and 62% were male. Of 15 people with race or ethnicity information available, 13 were white, one was African American/black, one was Asian, and no one reported Hispanic ethnicity. Eleven people were of Eastern European background or spoke Russian. Of 14 people with healthcare information available, 13 were hospitalized. One person got sick during their pregnancy, resulting in pregnancy loss. Additionally, one death was reported from Maryland.

    Whole-genome sequencing (WGS) of case samples showed that bacteria were closely related genetically. This suggests that people in this outbreak got sick from the same food.

    Of the 12 people interviewed, 11 reported eating meat or cheese from deli counters. Among seven sick people in New York, five bought sliced deli meat or cheese from at least one location of NetCost Market, a grocery store chain that sells international foods. Sick people from other states purchased deli meats or cheeses from other European delis. NetCost Market delis are unlikely to be the only source of illnesses because some sick people in the outbreak did not shop at a NetCost Market. A contaminated food likely introduced the outbreak strain of Listeria into delis in multiple states.

    In 2021, health officials in New York State and New York City found the outbreak strain of Listeria monocytogenes in several environmental and food samples: environmental samples from a NetCost Market deli in Brooklyn, NY, several open packages of mortadella and ham that were sliced at the same NetCost Market deli in Brooklyn, NY, and sliced salami that a sick person bought from a NetCost Market deli in Staten Island, NY. 

    In August 2021, several environmental samples collected from the NetCost Market Ocean Ave. location, grew Listeria monocytogenes. In addition, two specimens each from three opened deli meat packages also grew L. monocytogenes: Mortadella pork sausage or luncheon meat (Alex’s Meat & Provisions); Moscow brand Ham with Garlic (Andy’s Deli & Mikolajczyk Sausage Shop Inc); and Mortadella Stolichanaya (Alef Sausage). Food and environmental specimens collected at the deli area were found to be highly related by WGS to each other and to the clinical isolates from the two original listeriosis cases from New York.

    NetCost Market voluntarily closed the deli temporarily in Brooklyn after New York officials notified them about the sampling results. NetCost Market performed a deep cleaning and then reopened the deli after further environmental testing did not find Listeria. 

    In September 2021, the outbreak strain was found at the same Brooklyn NetCost Market deli (3100 Ocean Ave., Brooklyn, NY 11235); however, the most recent illness with NetCost Market exposure was in October 2021, when two cases who visited another NetCost Market (532 Neptune Ave., Brooklyn, NY) fell ill with Listeria monocytogenes matching the outbreak strain. After a deep cleaning, additional environmental testing from samples taken in October 2021 did not find Listeria in the deli. On November 1, 2021, four food specimens were collected from a case’s apartment and sent for Listeria culture: bologna, sausage, meatball soup, and chicken soup. Listeria monocytogenes was cultured from the bologna specimen, purchased from NetCost’s Staten Island location. WGS results matched the profile associated with the 2107MLGX6-1 outbreak.

    On November 16, 2021, surface locations in the deli and kitchen areas of NetCost Market’s Neptune Ave location were swabbed and submitted for Listeria testing. Listeria monocytogenes was cultured from swabs collected in four areas. On November 30, 2021, approximately 30 surface locations in the deli and kitchen areas of NetCost Market’s Staten Island location were swabbed and submitted for Listeria culture. Listeria monocytogenes was cultured from two swabs collected from the floor drain in front of the meat preparation room. WGS results did not match the WGS profile associated with the 2107MLGX6-1 outbreak but fell into a large cluster of environmental isolates as well as three clinical isolates from 2016 and 2019. On March 15, 2022, surface locations in the deli and kitchen areas of NetCost Market’s Neptune Ave location were swabbed and submitted for Listeria culture. Listeria monocytogenes was cultured from swabs collected from 6 areas.

    In September 2022, the outbreak strain was found at a Brooklyn NetCost Market deli (presumably the Ocean Ave location). After a deep cleaning, additional environmental testing did not identify Listeria in the deli. Between April 2021 and November 2021, the New York State Department of Agriculture and Markets Division of Food Safety and Inspection Services (DFSIS) conducted several inspections of NetCost Market’s Neptune Ave location and found several critical deficiencies, some repeat, each time. Moreover, after finding Listeria positive samples at this location, DFSIS instructed the location to close and clean the deli and kitchen. This instruction was ignored. 

    Epidemiologic and laboratory data showed that meat and cheese from deli counters made people sick. A single deli or food source was not identified. As of March 29, 2023, this outbreak is deemed over.

    William “Bill” Marler has been a food safety lawyer and advocate since the 1993 Jack-in-the-Box E. coli Outbreak which was chronicled in the book, “Poisoned” and in the recent Emmy Award winning Netflix documentary by the same name. Bill work has been profiled in the New Yorker, “A Bug in the System;” the Seattle Times, “30 years after the deadly E. coli outbreak, A Seattle attorney still fights for food safety;” the Washington Post, “He helped make burgers safer, Now he is fighting food poisoning again;” and several others. 

    Dozens of times a year Bill speaks to industry and government throughout the United States, Canada, Europe, Africa, China and Australia on why it is important to prevent foodborne illnesses.  He is also a frequent commentator on food litigation and food safety on Marler Blog. Bill is also the publisher of Food Safety News.

    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 $900 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.

    Additional Resources:

    Cargill Kitchen Solutions of Lake Odessa, MI, is recalling 212,268 pounds of liquid egg products that may contain a cleaning solution with sodium hypochlorite, according to the the USDA’s Food Safety and Inspection Service (FSIS).

    The liquid egg items were produced on March 12 and 13. The following products are subject to recall:

    • 32-oz. (2-lb.) carton containing “egg beaters ORIGINAL LIQUID EGG SUBSTITUTE” and USE BY AUG 10 2025.
    • 32-oz. (2-lb.) carton containing “egg beaters CAGE-FREE ORIGINAL LIQUID EGG SUBSTITUTE” and USE BY AUG 09 2025.
    • 32-oz. (2-lb.) carton containing “egg beaters CAGE-FREE ORIGINAL FROZEN EGG SUBSTITUTE” and “egg beaters NO ENJAULADAS ORIGINAL SUSTITUTO DE HUEVO CONGELADO” and USE BY MAR 07 2026.
    • 32-oz. (2-lb.) carton containing “Bob Evans Better’n Eggs Made with Real Egg Whites” and USE BY AUG 10 2025.

    The products subject to recall have the establishment number “G1804” printed on the cartons. 

    The recalled items were shipped to distributor locations in Ohio and Texas and for foodservice use in Arizona, California, Colorado, Florida, Illinois and Iowa. There is a possibility that the products were distributed nationwide.       

    It is hard to believe that Poisoned the book came out 14 years ago and that a documentary was inspired by it. The book has quietly become a cult classic in the food safety and legal communities. It was originally published in hardcover and twice in paperback. It is likely an update is on the way post-Emmy.

    AUTHOR’S NOTE 2011

    Twenty years ago, today—on January 17, 1993—the State of Washington’s department of health announced that an E. coli outbreak was under way in the state and was likely linked to tainted, undercooked hamburgers served at several Jack in the Box restaurants. At the time, most Americans had never heard the term E. coli O157:H7. The Centers for Disease Control and Prevention (CDC) didn’t list it as a reportable disease. Only four state health departments even tracked the pathogen. Other than a few microbiologists and food scientists virtually no one knew the organism existed in food. But all of that changed as the outbreak rapidly spread throughout the West, tracked by the nightly news at all three major television networks, as well as virtually every big newspaper in the country. The idea that a hamburger could be lethal was a frightening wake-up call. Before the dust settled, over 750 children were poisoned and four had died. Secretary of Agriculture Michael Espy was blindsided. So were the U.S. Department of Agriculture (USDA), the Food and Drug Administration (FDA), and the CDC. Poisoned is a behind-the-scenes account of the outbreak that introduced America to E. coli and opened our eyes to the fact that food safety can be a matter of life and death. It is a jarringly candid version told through the principals at the center of the fast-moving disaster—the families whose children were poisoned, the Jack in the Box executives who were at the helm during the outbreak, the physicians and scientists who identified E. coli as the culprit, the lawyers who brought a massive class action suit against Jack in the Box, and the lawyers who defended the fast-food chain. Al of these parties cooperated with me for this book. I conducted more than two hundred on-the-record interviews. I also received more than a hundred written answers to factual queries sent to sources via email. Most of these electronic communications involved detailed follow-up questions to prior interviews. I had access to deposition transcripts, thousands of pages of discovery documents (internal corporate records from Jack in the Box, medical records from numerous hospitals and doctors’ offices, and insurance records), and billing records and internal memos from numerous law firms involved in the Jack in the Box litigation. I was also given access to a trove of private papers, letters, photographs, and videos associated with the outbreak. My primary objective is to tell this epic story in a manner that is true to the compelling characters who shaped this historic case. I am indebted to the victims and the survivors who were willing to endure some emotionally grueling interviews that were often interrupted by tears, both theirs and mine. I’m thankful to the doctors and lawyers who took so much time to educate me on the complex medical and legal issues at play in this case. And without the trust and cooperation of the Jack in the Box officials, this story would have been incomplete. The Jack in the Box outbreak is considered the meat industry’s 9/11. As soon as hamburgers killed kids, everything changed. Congressional hearings were held. The national media put a spotlight on the industry. State and federal health codes were upgraded. E. coli became a reportable disease among all state health departments. Mandatory internal cooking temperatures for beef were raised to 165 degrees throughout the country. Even the warning labels that you see on al the meat and poultry sold in the supermarket today are a direct result of the Jack in the Box outbreak. But the Jack in the Box case has had implications that reach far beyond the meat industry. The case gave rise to the nation’s first and only law firm dedicated solely to representing victims of food poisoning. Based in Seattle, Marler Clark LLP is the creation of Bill Marler, who as a fledgling personal-injury lawyer took on Jack in the Box and in the process became convinced that the problem of food safety extended far beyond one restaurant chain and one pathogen. His firm, which works with physicians, former public-health officials, and scientists around the world, has helped transform the way outbreaks are handled by health officials, insurance companies, and the news media. Marler has also led the charge on food-safety reform in Washington. Without question, few individuals have had more influence on the shape and direction of food-safety policy in the U.S. over the past twenty years. Another far-reaching legacy of the Jack in the Box case is the area of public awareness. In the outbreak’s aftermath, books like Fast Food Nation and The Omnivore’s Dilemma became runaway best sellers. Farmer’s markets sprang up everywhere. The organic movement exploded. Grocery chains like Trader Joe’s and Whole Foods have become billion-dollar companies by marketing natural and wholesome foods. Today even Wal-Mart offers a large selection of organic products. In short, since 1993, food safety has emerged as a serious public- health issue in America. The CDC estimates that foodborne disease causes about 48 million illnesses per year. Roughly one in six Americans get sick from bad food. Many of these cases are mild gastroenteritis, commonly referred to as the stomach bug. But too many food poisoning cases are more serious, resulting in approximately 125,000 hospitalizations and 3,000 deaths annually. The fatalities are often children and the elderly. Besides the obvious human toll, there’s an economic side to this. Foodborne illness in the United States costs about $152 billion a year. That’s the sum of medical expenses, insurance costs, and lost wages. It’s a staggering number. But it’s not surprising given the number of major outbreaks in recent years. In 2010, more than half a billion eggs were recalled after nearly two thousand people became ill with Salmonella poisoning. A year before that, nine people died in a Salmonella outbreak linked to a peanut-manufacturing plant. Hundreds of food products from breakfast cereal to energy bars had to be recalled, costing food manufacturers over a billion dollars. E. coli O157:H7 is often more deadly than Salmonella. Although beef remains the most common vector of E. coli poisoning, the list of other foods responsible for major E. coli outbreaks is bewildering spinach, unpasteurized apple juice, peppers, bagged lettuce, sprouts, raw milk, cilantro, and cheese, to name just a few. E. coli even found its way into raw cookie dough in 2009. There has been some good news. On January 4, 2011, President Barack Obama signed the FDA Food Safety Modernization Act (FSMA), the most sweeping reform of our food-safety laws in more than seventy years. It shifted the focus from responding to contamination to preventing it. The bad news is that Congress and the Obama administration have failed to fund the law. Meantime, in September 2011, the U.S. was hit with its deadliest food poison outbreak in one hundred years when thirty-three people died after eating Listeria-contaminated cantaloupes. There are now more than two hundred known diseases transmitted through food. The Jack in the Box outbreak is a cautionary tale that points out the significance of food safety. It’s also an inspiring tale of courage and resourcefulness. Despite the terrible human loss associated with this case, a remarkable number of things were done right in the aftermath. It’s a story that will forever change the way you look at what you eat. Jeff Benedict January 21, 2013 Buena Vista, Virginia

    INTRODUCTION March 5, 2018

    The weekend getaway to Royal Palm Resort & Spa in Phoenix was the perfect respite from Seattle’s cold rain. But Monday morning came fast for sixty-one-year-old food-safety lawyer Bill Marler. His wife still sleeping soundly, he quietly eased out of bed, slipped into a bathrobe and reached for his laptop. He had a case to check on. In 2015, nineteen people in seven western states had fallen ill after eating rotisserie-chicken salad made and sold at Costco stores. Lab tests revealed the presence of E. coli O157:H7 in a diced-celery-and-onion blend contained in the chicken salad. Confident the contamination was in the celery, Costco’s Salinas Valley supplier, Taylor Farms, voluntarily recalled the blend, but it was too late for the nineteen victims. Marler represented several of them, including a young woman in Salt Lake City who spent a month in intensive care. Nineteen-year-old Chloe Rodgerson had just accepted a position as a Disney princess at Disney World in Orlando. A dancer and singer who had previously performed at Lincoln Center and in movies, Rodgerson viewed the Disney opportunity as another step toward realizing her childhood dream of performing in a hit Broadway show. But she never made it to Orlando. Forty-eight hours after eating a chicken salad sandwich with her family in Utah, Rodgerson doubled over with severe abdominal pain. Then she vomited up blood and passed a bloody stool. Within a week, her kidneys failed, and she was hospitalized. After the Centers for Disease Control and Prevention (CDC) linked her illness to Costco, Rodgerson’s parents retained a Salt Lake City law firm. The firm, which had no experience with foodborne illness cases, called Marler and asked for his help. By the time he met Rodgerson, she had undergone three surgeries and was on dialysis while waiting for a kidney transplant. Her large intestine had been removed. Her pancreas was so damaged that she’d become a diabetic. And she had sustained a brain injury brought on by the severity of the toxin. Marler couldn’t help internalizing her situation. He had three daughters, young women like Rodgerson. They were in college or pursuing careers; Rodgerson was tethered to a machine. After just one serving of chicken salad contaminated with E. coli O157:H7, she’d gone from an attractive nineteen-year-old with bright prospects to an extreme invalid completely dependent on her parents. Her medical bills exceeded $2.5 million. In a mediation held almost three years after the outbreak, Costco and Taylor Farms offered Rodgerson millions. Her Utah-based lawyer would have settled. But Marler walked away from the table and sued Costco one month later. In his mind, the lawyers and insurance companies on the defense side hadn’t come to grips with the gravity of Rodgerson’s situation: The E. coli O157:H7 poisoning had reduced her life expectancy by more than thirty years. She had lost various key organs. She would never be able to have children. Her dream of performing was dead. Seizures, extreme headaches, and susceptibility to infections would be the norm for the remainder of her life. Medical expenses, even millions of dollars’ worth, were the least of her problems. Once Marler’s lawsuit entered the discovery phase, Costco and Taylor Farms wanted to take another run at mediation. This time Marler helped everyone in the room look at the situation from Chloe’s perspective. “When you don’t have a large intestine, you don’t absorb water,” he explained. “You are a chemistry experiment. Most of us don’t think about how much water we drink or what we eat or how much sleep we get or how much work we can do. For Chloe, living is a full-time job.” Costco more than tripled its settlement offer. And Marler agreed to drop the lawsuit. In the pre-dawn darkness of his Phoenix hotel room, Marler waited for news of developments. A federal judge in Utah was expected to ratify the settlement and dismiss the case any day. As Marler scanned the headlines on his newsfeed, he noticed an email had come in overnight from a lawyer friend in South Africa. The subject line read, “LISTERIA.” For months, Marler had been monitoring a Listeria outbreak that had stymied South African health officials. Over a one-year period, nearly two hundred people had died, and more than a thousand others had fallen ill, making it the largest Listeria outbreak in world history. Early on, Marler had figured the source was most likely a refrigerated, mass-produced food eaten by young and old, white and black, rich and poor. “It has to be South Africa’s equivalent to Spam,” Marler had told his South African colleague months earlier. The email contained a link to a live feed of the health minister of South Africa announcing that inspectors had finally identified the culprit—an inexpensive brand of a highly processed sandwich meat known as polony. It was unsliced bologna sold in a tube. Tiger Brands, South Africa’s largest food company was the manufacturer. Since doctors in South Africa were not required to report cases of Listeria to the Ministry of Health, the outbreak had gone undetected for almost a year. Nearly half of the victims were newborns that had been infected during gestation. The backlash from the public was immediate. How could this happen? Why wasn’t the government watching this? How can we have an outbreak this size? The country had never experienced a large-scale foodborne illness outbreak, and health officials were scrambling to respond. Marler called his travel agent at home in Seattle and woke him up. “I need you to get me to South Africa by Wednesday,” he said. For Marler, going to South Africa was like going back in time. Twenty-five years earlier he’d been a young associate at a law firm in Seattle when the United States experienced its first large-scale foodborne illness outbreak. President Bill Clinton was conducting his first cabinet meeting when he received word that children in multiple western cities were sick with E. coli O157:H7 poisoning. The outbreak was ultimately traced to undercooked meat from the fast-food chain Jack in the Box. Like most Americans at that time, Marler was unfamiliar with E. coli O157:H7. But he ended up bringing a class action suit against Jack in the Box. The case changed his life and, in turn, transformed public policy toward food safety in America, leading to passage of the Food Safety Modernization Act in 2010. In front of health officials and lawmakers in Johannesburg, Marler recounted his experience with Jack in the Box. Under South African law, he pointed out, manufacturers of food can be held liable under principles like those common in U.S. tort law. “There is a way through this crisis,” he said. “But food companies and government regulators must pay attention to the things that matter.” His remarks were covered by all the papers in Johannesburg. The media also quoted a South African lawyer named Richard Spoor, who. was calling for a class-action suit against Tiger Brands. Marler quickly did some background research on Spoor and dis- covered he was a highly respected human-rights lawyer who had taken on the gold industry on behalf of workers who had developed lung disease. Through Twitter, Marler sent Spoor a message: “We should get together.” They met the next day and agreed to join forces. By the time Marler left South Africa, Spoor announced his intention to file a $2 billion class-action suit against Tiger Brands. On the day that Marler returned from South Africa, health officials in the U.S. documented a report of an E. coli O157:H7 illness traced to romaine lettuce. Before long, 210 people from thirty-six states would be infected. Five people died. Contaminated water, Marler figured. Either that or wind dust from cattle operations. In the early part of his career, most of Marler’s E. coli O157:H7 cases had stemmed from contaminated meat, mainly ground beef. Subsequent food safety legislation reduced the incidence of E. coli O157:H7 in hamburgers. But the regulations didn’t eliminate the bacteria in cattle, and E. coli O157:H7 has become an environmental pathogen, carried by runoff from feedlots. As a result, leafy greens are now a more common culprit in E. coli O157:H7 outbreaks than hamburgers. In one of his leafy-green cases, Marler obtained aerial photographs of the farm that had grown the contaminated greens. The photographs showed a dairy farm across the street from the lettuce farm. “Putting a leafy-green operation close to a dairy farm is a recipe for disaster,” Marler explained. “The cow shit has to go somewhere, and these animals carry pathogenic bacteria. It ends up in rural water supplies, which then ends up irrigating leafy greens.” By late spring 2018, the leafy-green outbreak in the U.S. ranked as one of the largest in history. The Food and Drug Administration and the CDC traced it to water samples taken from a canal in the Yuma Valley. Marler represents 105 of the victims. He can’t help wondering what prevents us from seeing disasters in advance. But he doesn’t have to wonder about how he became the world’s go-to lawyer when it comes to food safety. It all started with Jack in the Box.

    UPDATE October 11, 2022

    Just over 20 years after Bill penned an Op-ed for the Denver Post in which he challenged the USDA/FSIS and the Beef Industry to “Put me out of Business,” E. coli cases linked to ground beef have nearly, but not completely, disappeared. As Bill tells it, “I could count on a significant E. coli outbreak and recall occurring like clockwork nearly every Spring or Summer. When 2003 came, there were no outbreaks, and other than the tragic uptick in 2007 that impacted Stephanie Smith, E. coli cases linked to ground beef are no longer a part of the work we do anymore.  The industry to its credit did its job and met my challenge.” Since the 2018 E. coli outbreak linked to Romaine lettuce from Yuma, E. coli, Salmonella, Listeria, and hepatitis A outbreaks linked fresh fruits and vegetables now take up the bulk of Bill’s attention.  Romaine lettuce E. coli outbreaks have now replaced ground beef as the staple of the Marler Clark practice. The COVID-19 Pandemic may have slowed Bill’s world-wide travel schedule, but it barely impacted reported foodborne outbreaks and the litigation that surrounds them.  Salmonella-tainted onions in 2020 and 2021 sickened thousands in the United States and Canada.  Salmonella-laced ground turkey sickened dozens, organic yogurt nearly caused the death of three children with E. coli-mediated HUS in 2021.  Hepatitis A outbreaks linked to ill workers in multiple restaurants (Bill has for decades urged the restaurant industry to offer hepatitis A vaccines to employees) in New Jersey and Virginia sickened nearly 100, causing five deaths and three liver transplants.  In 2022, a Salmonella outbreak hit peanut butter, again, and Listeria in ice cream raising its deadly head. 2022 has also put social media and “influencers” from Instagram and TikTok and the same footing as CDC epidemiologists.  Public health officials seemed completely oblivious to hundreds of people suffering with acute liver failure after consuming an organic, vegan home-delivered food produced by a company backed by the power of Serena Williams and Gwyneth Paltrow.  Bill now represents 361 of the customers in a Federal Court lawsuit that stretches from New York City to the mountains of Peru. The pandemic years has turned Bill into nearly a “virtual” lawyer.  Instead of crisscrossing the world to appear in Court our to give a speech on “why it is a bad idea to poison your customers,” Bill will login to his custom-built studio from his Bainbridge Island satellite office.  The pandemic has also ushered in changes at Marler Clark, with three of the four founding partners retiring.  Bruce Clark, Denis Stearns and Andy Weisbecker have opted for a bit slower pace. Bill when asked when he might retire as well, quickly responds, “I still have much too do. I still love helping people and trying to do my part to make sure there are fewer Bri’s in the future than in the past or the present.”  In 2019 Bill launched a petition to ban Salmonella from chicken like E. colis were banned from ground beef.  Thus far the USDA/FSIS has resisted, but it has banned Salmonella from certain chicken products.  As Bill says, “a win is a win, even if a small one.” 

    Today, the U.S. Food and Drug Administration (FDA) is announcing its intention to extend the compliance date for the Food Traceability Rule (the “final rule”) by 30 months. The FDA intends to extend the compliance date using appropriate procedures at a later time, including publishing a proposed rule in the Federal Register. 

    The FDA remains committed to successful implementation of the full requirements of the final rule, as they will allow for faster identification and removal of potentially contaminated food from the market, resulting in fewer foodborne illnesses and deaths. Accordingly, the compliance date extension does not amend, nor do we intend to amend, the requirements of the final rule, which will improve food safety and protect public health. Instead, the compliance date extension affords covered entities the additional time necessary to ensure complete coordination across the supply chain in order to fully implement the final rule’s requirements—ultimately providing FDA and consumers with greater transparency and food safety. 

    The final rule establishes additional traceability recordkeeping requirements (beyond what is already required in existing regulations) for persons who manufacture, process, pack, or hold foods on the Food Traceability List. The final rule requires a higher degree of coordination between members of the food industry than has been required in the past. Therefore, to achieve the full public health benefits of the final rule, all covered entities must be in compliance. Even those few entities who are well positioned to meet the final rule’s requirements by January 2026 have expressed concern about the timeline, in part because of their reliance on receiving accurate data from their supply chain partners, who are not similarly situated. Therefore, FDA intends to allow industry additional time, across all regulated sectors, to fully implement the final rule’s requirements.

    The FDA intends to use the extended time period to continue the agency’s work with stakeholders, including by participating in cross-sector dialogue to identify solutions to implementation challenges and by continuing to provide technical assistance, tools, and other resources to assist industry with implementation. 

    The final rule applies to domestic and foreign entities producing food for U.S. consumption and was issued in 2022 in accordance with the FDA Food Safety Modernization Act.

    For the outbreak of Listeria monocytogenes (ref #1286) linked to a not yet identified product, FDA has initiated an inspection.

    For the outbreak of Salmonella Enteritidis (ref #1288) linked to mini pastries, the advisory was updated on March 20, 2025. The outbreak has ended, and FDA’s investigation is closed.

    For the outbreak of Listeria monocytogenes (ref #1285) linked to a not yet identified product, the outbreak has ended.

    I get a number of calls a week from folks that find something unwanted in their food. Here is a bit from a search of the internet by AI.

    In 2010, a woman in England found a frozen frog in a bag of green beans purchased from Tesco. “Woman finds frog in Tesco frozen vegetables.” The Guardian. October 28, 2010.

    In 2017, two Florida residents reported finding a dead bat in a salad purchased from a local Walmart. The greens were part of Fresh Express’s Organic Marketside Spring Mix. “Dead bat found in packaged salad, experts don’t know if bat bits were eaten.” CNN. April 10, 2017.

    In 2008, a woman in Pennsylvania found a rodent baked into her store-bought frozen pizza. The pizza was from the brand “Tombstone. “Woman finds dead rodent baked into frozen pizza.” NBC News. November 19, 2008.

    In 2016, a Brooklyn woman discovered a three-inch lizard in her salad mix purchased from a Whole Foods store. The brand of the salad was Earthbound Farm Organic. “Woman finds carcass of lizard in store-bought salad.” New York Daily News. February 7, 2016.

    Back in 2000, a Virginia woman found what appeared to be a chicken head in her order of fried chicken from a McDonald’s restaurant. “Woman finds chicken head in McDonald’s meal.” The Independent. November 30, 2000.

    There have been several reports of rodents being found in packaged food items. A notable case occurred in 2009 when a woman from New York found a dead mouse in a loaf of bread purchased at a local bakery. “Woman sues over mouse in Chip ’n’ Dails bagel store slice.” New York Post, December 31, 2009.

    Snakes are less commonly reported than some other animals but there have been a few instances. In 2009, a UK family reportedly found a live snake in a bag of Tesco salad. It was a 5-inch baby python that emerged as they were preparing their meal. “Live snake slithers out of Tesco salad bag.” The Telegraph, October 10, 2009.

    As previously mentioned, a case in 2017 involved a dead bat found in a Fresh Express packaged salad sold at a Walmart in Florida. “Dead bat found in packaged salad, experts don’t know if bat bits were eaten.” CNN, April 10, 2017.

    Black widow spiders have occasionally been reported found in packaged grapes. In 2016, a family in Michigan reported finding a live black widow spider in their grapes bought from a local grocery store. “Family Finds Black Widow Spider in Grapes.” ABC News, March 21, 2016.

    A woman in New York claimed to have discovered a dead mouse in a loaf of bread purchased from a bakery. The incident resulted in a lawsuit. “Woman sues over mouse in bread loaf.” New York Post, December 31, 2009.

    A couple in the UK reportedly found a dead mouse in a bag of frozen vegetables purchased from the supermarket chain Asda. “Dead mouse found in Asda frozen veg pack.” The Telegraph, March 31, 2010.

    A man found a dead mouse in his can of Co-op Fair Trade hot chocolate powder in the UK. “Mouse in hot chocolate.” BBC News, August 13, 2003.

    An Australian man reported finding a dead mouse baked into a loaf of bread purchased from a local store. “Western Australian man finds mouse baked into loaf of bread.” Perth Now, October 15, 2011.

    A woman discovered what appeared to be a mouse in a can of Sainsbury’s curry sauce. “Mouse found in Sainsbury’s curry sauce can.” Independent, July 7, 2013.

    A schoolboy found a dead mouse embedded in a chocolate bar from a brand named Morrisons in the UK. Source not explicitly linked, but covered widely in UK media at the time.

    A dead rodent was reportedly found in a bag of salad purchased from a Tesco supermarket. “Rodent found in Tesco salad bag.” Huffington Post UK, April 18, 2014.

    A woman in the Bronx, New York, claimed to find a dead mouse in a loaf of bread she purchased from a local grocery store. This led to a lawsuit against the store. “Woman sues over mouse in bread loaf,” December 31, 2009.

    A couple discovered a dead mouse in a bag of frozen vegetables bought from Asda, a major supermarket chain. “Dead mouse found in Asda frozen veg pack,” March 31, 2010.

    A man found a dead mouse in a can of hot chocolate powder purchased from Co-op in the UK. “Mouse in hot chocolate,” August 13, 2003.

    Reports emerged of a rodent being found in a bag of salad purchased from Tesco, a leading supermarket in the UK. “Rodent found in Tesco salad bag,” April 18, 2014.

    An Australian customer discovered a mouse baked into a loaf of bread purchased from a local store. “Western Australian man finds mouse baked into loaf of bread,” October 15, 2011.

    A schoolboy reportedly found a dead mouse embedded in a chocolate bar bought from a Morrisons supermarket. Often covered in UK media at the time but specific citations might be less readily available online.

    A woman discovered a mouse in a can of Sainsbury’s curry sauce, leading to distress and a formal complaint. The Independent, “Mouse found in Sainsbury’s curry sauce can,” July 7, 2013.

    A woman from Fredericksburg, Virginia, found a live snake in a bag of lettuce she purchased from a local grocery store. Fox News, “Woman finds live snake in bag of lettuce from grocery store,” April 10, 2017.

    A family in the UK opened a cereal box to find a live corn snake inside. The non-venomous snake was removed without incident. BBC News, “Family gets a snake with cereal,” January 16, 2004.

    A woman found a baby snake inside a can of baked beans. The can had been stored for several months before the discovery. BBC News, “Snake found in tin of beans,” May 22, 2007.

    A Sydney woman found a live snake inside a packaged lettuce product. It was identified as a venomous pale-headed snake. The Guardian, “Snake found alive inside packaged lettuce at Sydney supermarket,” October 5, 2016.

    A Toronto family found a dead garter snake in a bag of frozen broccoli purchased from a local supermarket. CBC News, “Dead snake found in frozen broccoli,” February 13, 2009.

    A Michigan woman found a dead, decomposing snake in a bagged salad mix purchased from a grocery store. CNN, “A woman says she found a dead snake in her bagged salad,” April 10, 2019.

    A live snake was found in a package of spinach at a grocery store in Alabama, causing a brief panic among shoppers. CBS News, “Live snake found in produce section of Target store,” October 2, 2018.

    A woman in Ohio claimed she found a dead lizard embedded in a McDonald’s sandwich. The Huffington Post, “Lizard Found In McDonald’s Sandwich, Lawsuit Alleges,” February 10, 2010.

    A woman in California found a dead, partially decomposed lizard in a pre-packaged salad she purchased from a local grocery store. Huffington Post, “Woman Finds Dead Lizard In Her Packaged Salad,” April 19, 2016.

    Diners found a dead lizard in a meal at a restaurant in Bangalore, India, which resulted in some guests falling ill. Times of India, “Diners spot lizard in northeast thali,” July 25, 2015.

    Students in a hostel in Bhubaneswar, India, found a lizard in the food served to them, leading to concerns about hygiene standards. The New Indian Express, “Half lizard found in mess food, students fall ill,” June 13, 2017.

    A man claimed to find a dead lizard in a can of Pepsi, which led to a lawsuit. However, the case was complicated by lack of evidence. Deseret News, “Jury to decide on mouse-in-Pepsi complaint,” June 23, 2000.

    In Utah, a customer reported finding a dead lizard in her Subway sandwich, allegedly baked into the bread. KSL-TV, “Woman claims lizard found in sandwich bread,” October 3, 2020.

    Cadbury was forced to recall more than a million chocolate bars after a customer reported finding a live insect in one. This led to health concerns and significant brand impact. The Guardian, “God! Maggot in my chocolate bar,” September 27, 2003.

    A woman in Wisconsin reported finding live beetles inside a bag of frozen peas she purchased from a local supermarket. CBS58 Milwaukee, “Woman shocked to find beetles inside bag of frozen peas,” July 19, 2018.

    A Florida family found a live scorpion inside a bag of pre-packaged salad purchased from a grocery store. The incident was widely reported and led to increased awareness about produce inspections. WFTS Tampa Bay, “Family says they found scorpion in bag of spinach purchased at Florida Costco,” October 22, 2019.

    A customer in New York claimed to have discovered cockroach legs inside a bag of pre-ground coffee from a popular brand, prompting a media furor and discussions on insect contamination in food products. New York Post, “Man sues Maxwell House for ‘cockroach leg’ found in coffee tin,” July 22, 2014.

    A Colorado mother found numerous live insects in a box of Kellogg’s Frosted Mini-Wheats, leading to a product return and apology from the company. KRDO News, “Colorado mother claims she found insects in Kellogg’s Frosted Mini-Wheats,” March 18, 2021.

    A family in British Columbia found a whole cricket inside a can of vegetable soup, which brought attention and a response from the manufacturer. Global News, “B.C. family shocked after finding cricket in can of soup,” January 15, 2022.

    A consumer found a maggot in a chocolate bar from a major UK confectionary brand, which reignited concerns about production processes in the sweets industry. Daily Mail, “Horrified shopper claims she found live maggots wriggling inside chocolate bought from Sainsbury’s,” February 7, 2023.

    A customer in Oregon reported finding a dead rat in their spinach salad at a Subway restaurant. The company investigated the supply chain and took steps to ensure cleanliness. NBC News, “Customer Claims They Found Mouse in Subway Sandwich,” October 13, 2015.

    A Michigan man claimed to have found part of a rat baked into a loaf of bread bought from a local grocery store, prompting widespread media attention and supermarket’s investigation. Detroit Free Press, “Man finds rodent in Aldi bread, sparking an apology and an investigation,” May 7, 2022.

    A woman in the UK found a dead rat inside a can of peas. The incident led to an investigation by the Food Standards Agency and the company involved. The Telegraph, “Woman finds dead rat in tin of peas,” October 19, 2009.

    A family in Georgia discovered what appeared to be a fried rat inside a bag of potato chips. This led to a recall and an internal company investigation. Fox News, “Georgia family reportedly finds dead rat inside bag of potato chips from Publix,” March 2, 2018.

    A woman filed a lawsuit after allegedly finding a dead rat in a bag of frozen green beans purchased from a grocery store. The incident brought significant media coverage and prompted a store recall. The Independent, “Woman sues after finding rodent in bag of frozen vegetables,” January 20, 2016.

    A customer at a fast-food chain in China claimed to have found a rat’s head in their fried chicken meal. The incident went viral on Chinese social media, leading to an investigation by health officials. BBC News, “China KFC denies serving fried rat,” September 6, 2012.

    A UK family reportedly found a dead rat inside a bag of oats purchased from a leading supermarket, prompting an investigation by health and safety officials. The Guardian, “Family find dead rat in bag of oats from Tesco,” March 25, 2013.

    In Florida, two customers reported finding a dead bat in a package of prepackaged salad mix from Fresh Express. The Centers for Disease Control and Prevention (CDC) was informed, and the salad producer issued a recall. The Washington Post, “A dead bat was found in a bagged salad. And the CDC has some worrisome advice,” April 10, 2017.

    Customers at a Starbucks location in Louisiana reportedly found a dead bat in a bottle of a prepackaged frappuccino. The incident led to the removal of the product from shelves at the location. FOX News, “Dead bat found in Starbucks bottled drink,” October 14, 2014.

    A bakery in Queensland faced scrutiny and investigation after a customer claimed to have found part of a bat in a loaf of bread. Health officials were involved to assess the situation. News.com.au, “Bat found in popular bakery loaf bread,” February 28, 2012.

    A customer in the U.S. reported finding a dead bat in a box of cereal. The company involved was notified and took steps to investigate the supply chain. ABC News, “Dead Bat Allegedly Found in Cereal Box,” March 2012.

    A man in New Jersey found a live grasshopper in a pre-packaged container of salad greens he bought from a local grocery store. This prompted a social media post and reached the store for further inspection. NBC New York, “New Jersey Shopper Finds Live Grasshopper in Store-Bought Salad Greens,” March 2023.

    A woman from Glinde, Germany, discovered a live maggot crawling in a packet of raisins. She reported the incident for a refund and considered further measures regarding potential contamination. The Local DE, “Live maggot found in Glinde raisins,” February 19, 2014.

    A consumer reportedly found living larvae in a bulk container of chocolate bars at a store in New Mexico. The retailer was contacted and removed the affected products from their shelves. KOAT News, “Mama Says Chocolate Larvae Incident Left Her Feeling ‘Sick’,” August 29, 2013.

    A woman in the UK found a live cockroach in a slice of bread from a loaf she bought at a supermarket. The discovery led to a publicized complaint and an investigation. The Daily Mail, “Woman’s shock as she finds live cockroach crawling in her loaf of bread,” October 2012.

    A Massachusetts woman posted on social media about finding live aphids in a bag of organic salad greens. The post went viral, alerting the producer, who then checked on their quality assurance processes. Boston Globe, “Woman finds live bugs in her bagged salad,” May 12, 2011.

    A woman in New York found a live frog in her pre-packaged salad purchased from a grocery store. She spotted the frog after she had already eaten some of the greens. This incident led to a public apology from the store, and the event was widely covered by local news outlets. NBC New York, “Green with Revulsion: New York City Woman Finds Live Frog in Her Store-Bought Salad,” August 27, 2019.

    A couple in British Columbia found a live gecko in a bagged salad mix they had purchased from a grocery store. Shocked by the discovery, they contacted the store and informed them about the unusual find. CTV News, “B.C. couple finds live gecko in bag of pre-packaged salad,” January 2018.

    A Michigan man found a live snake inside a can of green beans after hearing a rattling sound. He contacted the manufacturer, who launched an investigation and issued a recall of the product in question. Detroit News, “Man finds live snake in can of green beans,” June 2007.

    A British family discovered a small live bird trapped inside a sealed loaf of bread. The family noticed movement inside the packaging and released the bird, which appeared unharmed. This prompted an investigation by the manufacturer. BBC News, “Live bird found in packaged loaf,” December 23, 2004.

    Perhaps CR is going to be the new FSIS? Perhaps the FDA and CDC too?

    So, where do you get your chicken? Do the stores and restaurants that you frequent get poultry from one of these poultry plants? Might be a good question to ask.

     Most Contaminated Poultry Plants – Feb 25 299.8 KB

    Consumer Reports analysis identifying the most contaminated poultry plants in the U.S. based on a review of data from the Food Safety and Inspection Service in the U.S. Department of Agriculture, which posts the category status of individual plants based on Salmonella test results. These poultry plants pose a higher risk of triggering a Salmonella outbreak given the level of Salmonella detected at their facilities by the FSIS. 

    Thanks Consumer Reports.

    I have said this too many times. In the 1990’s ninety percent of the work I did were E. coli O157:H7 cases linked to hamburger. However, due to the collaboration between regulators (deeming E. coli O157:H7 and adulterant), the beef industry (interventions and implementing “test and hold” and the restaurant industry (following the Food Code of at least 155 F internal temperature), E. coli cases linked to ground been have become a “rare” occurrence – and, that has been a good thing.

    It is because of the above that the below is such a needless tragedy.

    A cluster of E. coli O157:H7 was investigated by the Montana Department of Public Health and Human Services, the Montana Department of Livestock, and Flathead County Health Department, along with the Centers for Disease Control and Prevention (CDC) in the summer of 2024. This outbreak was assigned the CDC outbreak code 2407MTEXH-1. The investigation revealed reason to believe that ground beef product from Lower Valley Processing (LVP) entered commerce while adulterated with Escherichia coli O157:H7.

    In total, 22 cases were identified in this outbreak from 10 states (AZ, CA, FL, ID, MN, MO, MS, MT, OR, and VA). Known dates of specimen collection ranged from July 5 to July 20, 2024. Known onset dates ranged from July 4 to July 11, 2024. Known ages ranged from 5 to 88 years (median 24.5). For cases with information, 7 males and 8 females were identified. Six hospitalizations, three cases of HUS, and one death were reported. 

    All specimen isolates were found to be nearly indistinguishable by cgMLST analysis (0-1 alleles different), indicating a common source of infection. All isolates were found to have the same allele code: EC1.0 ‐ 9.1.3.70x and were positive for Shiga toxin 2 (a and c). Several of these individuals were linked to the Fathead County area. Cases reported exposures to Wagyu beef burgers from the following locations: Gunsight Saloon (n=5), Harbor Grill (n=2), Tamarack (n=3), Hopps (n=2), and Whitefish Lodge (n=1). One case from Oregon did not share restaurant information with investigators.

    The investigation established an epidemiological connection between the affected individuals and Wagyu beef hamburger patties processed at Lower Valley Processing (LVP) and labeled as Lot 1400. Public health officials confirmed that the patties came from producer Range/Lazy K Ranch. They also discovered that this producer sells to retailer Flathead Fish & Seafood Co. in Kalispell, and that the retailer was in possession of product from Lot 1400. Two other facilities also received Lot 1400 Wagyu beef: Flathead Lake Lodge, Crawdad Café (Lake Co).

    On July 18, the Montana Department of Livestock was notified of this outbreak. On the same day, Department of Livestock staff obtained an unopened box of LVP-produced Range Wagyu beef patties labeled as Lot 1400 from Flathead Fish & Seafood Co. and transported it to the Montana Public Health Laboratory in Helena for testing. On July 23, preliminary PCR testing detected the presence of E. coli O157:H7 in the product, and confirmatory culture testing, initiated on July 25, confirmed E. coli O157:H7 in the sample. Four other boxes of Range Wagyu beef patties labeled as Lot 1400 were obtained from two other Flathead County restaurants, and they returned preliminary positive PCR results for E. coli O157:H7.

    LVP records establish that the animals for the Range Wagyu beef patties labeled as Lot 1400 were slaughtered on June 5, 2024. Records also establish that other beef cattle, sheep, and pigs were slaughtered at LVP on the same day. Department of Livestock staff initiated a Food Safety Assessment of LVP on July 22, 2024 pursuant to this investigation. Observations from that Food Safety Assessment revealed the following potential sources of contamination:

    • LVP staff were observed using a cold-water wash to remove contamination instead of trimming.
    • LVP staff were also observed spraying the floor to remove blood, dirt, and other contaminants while carcasses were still hanging, allowing the contaminated water to contact the carcass and clean hooks that would be used for carcasses.
    • The facility utilizes a two-part final wash step, allowing contamination of the upper portion of the carcass to collect on the hide and lower portion of the carcass.
    • The splitting saw was not cleaned between carcasses, allowing for fat and blood to cross contaminate other carcasses.
    • The carcass is not split and eviscerated until after final wash.

    As a result, LVP (Establishment No. 007) was recommended to recall of the following products: All animal Raw Product – Non-Intact and Raw Product – Intact intended for non-intact consumer use that were produced from animals slaughtered at Lower Valley Processing on June 5, 2024. This included but was not limited to products labeled as Lots 1398, 1399, and 1400. Products affected by this recall recommendation  were known to have been delivered to Crary Beef LLC, a licensed meat depot in Teton County, Montana.

    In 1994, in response to an E. coli outbreak linked to ground beef sold at Jack in the Box restaurants, FSIS established an E. coli sampling program which treated E. coli as an adulterant. Shortly thereafter, in the case Texas Food Industry Association v. Espy, 870 F. Supp. 143 (W.D. Tex. 1994), supermarkets and meat industry organizations challenged FSIS’s authority to establish the sampling program. The plaintiffs argued FSIS did not have the authority to treat E. coli as an adulterant under the FMIA because E. coli contaminated ground beef “is only injurious to health if improperly cooked.” The court disagreed and found that “in light of common cooking practices of most Americans, there is at least a rational basis for treating E. coli differently than other pathogens” and that “many Americans consider ground beef to be properly cooked rare, medium rare, or medium.” However, E. coli in ground beef is usually only killed off when cooked medium-well to well done. Ultimately, the court held that because E. coli “is a substance that renders ‘injurious to health’ what many Americans believe to be properly cooked ground beef” E. coli in ground beef “fits the definition of an adulterant under the FMIA.”

    In Flathead County, Montana, the requirements for cooking hamburgers in restaurants are primarily based on the guidelines set forth by the Montana Department of Public Health and Human Services (DPHHS) and the FDA Food Code. Here are the key requirements related to cooking hamburgers in a restaurant setting:

    • Minimum Internal Temperature: Ground beef, including hamburgers, must be cooked to a minimum internal temperature of 155°F (68°C). This temperature is critical for ensuring that harmful bacteria, such as E. coliand Salmonella, are effectively killed.
    • Food Thermometers: It is essential for food establishment staff to use food thermometers to accurately check the internal temperature of hamburger patties. This ensures that the meat has reached the necessary temperature for safe consumption.
    • Consistency and Monitoring: Restaurants should have procedures in place to consistently monitor and document cooking temperatures to ensure compliance with food safety standards.
    • Rest Period: While not explicitly required, allowing cooked hamburgers to rest briefly after cooking can help enhance food safety by allowing residual heat to further kill any remaining pathogens.
    • Training and Compliance: Food service employees should be trained in food safety practices, including proper cooking temperatures, to ensure compliance with health regulations. 

    Thus, available evidence indicates that an adulterated product entered commerce from LVP’s facility. The confirmed existence of E. coli O157:H7 in an unopened sample of the product that was not prepared in a restaurant, along with the genetic linking of the same E. coli to more than one area restaurant led public health officials to conclude that the source of the E. coli outbreak was likely beef provided  by Range with the ground beef product produced at LVP and then undercooked a restaurants. As of September 9, this outbreak investigation was closed.