Marler Blog

August 13, 2012

Criminal Probe of Jensen Farms 2011 Listeria Cantaloupe Outbreak Likely

Bllomberg’s Stephanie Armour posted “Cantaloupe Outbreak Targeted by U.S. Prosecutors, Lawyer Says” a few moments ago.  Here is the story: The U.S. Attorney’s Office in Colorado is investigating a deadly 2011 listeria outbreak traced to a cantaloupe processor in the state, according to a lawyer for victims. The outbreak triggered by the contaminated fruit killed […]

Listeria
August 12, 2012

So, if you sell tainted food, can you (should you?) spend time in jail and/or be fined?

I got this helpful email over the weekend: Hey Bill, Section 303, the fine provisions of the Food, Drug, and Cosmetic (FD&C) Act, 21 U.S.C. section 333, have been superseded by 18 U.S.C. section 3571, so that the maximum criminal fines for a misdemeanor conviction of the FD&C Act are $250,000 (misdemeanor for individual resulting […]

Lawyer Op-Ed
August 11, 2012

Romney and Ryan on Food Safety? “Pssst, Hey, Mitt, take a bite out of this unregulated burger.”

Well, you never know where Romney is on an issue, but we do know where Congressman Ryan is on Food Safety. On July 30, 2009, Congressman Ryan voted Nay on HR 2749, Food Safety Regulation Amendments. It passed 283 – 142. On Dec. 21, 2010, Congressman Ryan voted Nay on HR 2751, the FDA Food […]

Lawyer Op-Ed
August 11, 2012

Ode to the Microbiological Data Program (MDP)

I was going to take the weekend off.  It has been a long few weeks of long days, and more than a few nights, working on putting the cases together of the 22 injured people and the families of 20 who died in the 2011 Listeria cantaloupe outbreak that I represent.  We have a court […]

Listeria
August 10, 2012

Burch Equipment Expands Listeria Recall from Cantaloupe to Honeydew

There have been no illnesses reported to date. Burch Equipment LLC, North Carolina, is expanding its recall to include all of this growing season’s cantaloupes and honeydew melons that may remain on the market because they may possibly be contaminated with Listeria monocytogenes. The whole cantaloupes are identified by a red label reading Burch Farms […]

Listeria
August 10, 2012

Listeria Recall: So much for apple slices being good for you!

Sliced apples distributed to fast-food and grocery chains across the country are among packaged products being recalled due to possible Listeria contamination. No illnesses have been reported, but listeria was found on equipment used to produce apple products by Missa Bay LLC, owned by Ready Pac Foods Inc. of Swedesboro, N.J. Packaged apple slices distributed […]

Listeria
August 10, 2012

Microbiological Data Program (MDP) to the rescue again – Salmonella and Cilantro

The Minnesota Department of Agriculture (MDA) is alerting consumers to not eat fresh cilantro that was sold at certain stores after routine testing by the Department found a sample of the product to be contaminated with Salmonella. MDA is working with the FDA and the State of California regulatory agencies to determine the source of […]

Salmonella
August 08, 2012

Microbiological Data Program to the rescue again? Grape Tomatoes Recalled Due to Salmonella Positive Test

Menno Beachy of Cresco, Iowa, is recalling one pint containers of Certified Organic Grape Tomatoes because they have the potential to be contaminated with Salmonella, an organism which can cause serious and sometimes fatal infections in young children, frail, or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience […]

Salmonella
August 07, 2012

Minnesota’s Reichel Foods Recalls more food due to Listeria risk

Today the FDA posted a press release from Reichel Foods of Rochester, Minnesota that it is recalling a limited amount of Dippin’ Stix Sliced Apples & Caramel with Peanuts and Armour Active Packs Cheese Pizza Lunch Kits because they have the potential to be contaminated with Listeria monocytogenes. No illnesses have been reported to date. […]

Listeria
August 06, 2012

I settled 70 Shigella lawsuits against Subway for undisclosed sums – as is usual

The Dupage County Health Department confirmed that at least 140 people have been culture confirmed with Shigella sonnei infections contracted at a Chicago-area Subway restaurant in March of 2010. Ten were hospitalized. Health authorities closed the restaurant at 1009 E. Roosevelt in Lombard and launched an investigation into the source of the outbreak. Shigella is […]

Shigella
August 06, 2012

Homegrown E. coli O157:H7 Outbreak Headed to Trial – Ixtapa Mexican Restaurant

Twenty-three “confirmed” and “probable cases,” and forty-one “suspect cases.” Most of the time I am traveling the country – I have done E. coli cases in most states – So, it is good to have one within driving distance. Snohomish County Health District (SCHD) Communicable Disease (CD) program received the first report of a confirmed […]

E. coli HUS
August 06, 2012

The Dirty Top 40 – Annual Disease Burden of All Pathogen/Food Combinations

I love the folks at the University of Florida Emerging Pathogens Institute for keeping track of all the data of foodborne illness burden and publishing it last month in the Journal of Food Protection.  The top ten alone cost us over $8,000,000,0000 yearly.  Here is the Top 40 List by number of illnesses caused on […]

E. coli Salmonella +8
August 06, 2012

Salmonella Beef from Cargill Illnesses Hit 40

The number of ill persons identified in each state is now as follows: Maine (1), Massachusetts (3), New Hampshire (2), New York (18), Rhode Island (2), Vermont (11), Virginia (2), and West Virginia (1) according to the CDC. Eleven ill persons have been hospitalized, and no deaths have been reported. Among 40 persons for whom […]

Salmonella
August 05, 2012

Sunday Night Listeria Recall of Beef and Chicken from Minnesota

Reichel Foods, a Rochester, Minnesota establishment, is recalling approximately 15,880 pounds of ready-to-eat meat and poultry products due to possible contamination with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The products subject to recall include: • 5.6 oz. packages of “Armour Active Packs Turkey & Cheese Wrap” […]

Listeria
August 05, 2012

Burch Equipment seems not to know its Listeria Cantaloupe

Facts: 1. It is only 11 months since the Jensen Farms cantaloupe outbreak that sickened 147 with likely 37 dead. 2. The USDA’s Microbiologic Data Program (MDP) prompted the original recall, which leads to an inspection of Burch, which lead to the recall of more cantaloupes. 3. It appears that Burch did not know what […]

Listeria
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