An Exclusive Conversation with Foodborne Illness Attorney Bill Marler

"I've been in the room when a child was removed from life support. I've spoken at funerals," Bill Marler tells QA Editor Lisa Lupo in a candid discussion with the food industry about prevention, liability, and what companies can do to avoid lawsuits. His blunt answer on whether robust food safety programs protect companies in litigation: "Only if you don't poison anyone. Due diligence is not a defense." Marler dissects outbreak warning signs: Jack in the Box knew Washington changed hamburger cooking temps to 155° six months before the outbreak but chose not to comply; Odwalla was told by the U.S. Army their juice was "not fit for human consumption" six months before their 1996 E. coli outbreak; PCA executives forged negative Salmonella tests. "There's not one outbreak I've ever been involved in that didn't have warning signs—though I do get the benefit of hindsight." On consumer responsibility versus corporate liability, he challenges industry assumptions: "If the industry wanted to put a label like that on a product that said, 'This product is likely to contain Salmonella and Campylobacter. Handle this like it could kill you,' then I think they'd have a better fighting chance in the courtroom against a consumer." His advice to prevent litigation: "Create a system that allows people to be aware and that reacts to that awareness. That's how you prevent foodborne illness and that's how you prevent me from showing up."