Articles Posted in Food Law

The CNN headline caught the attention of many, including our San Francisco food safety lawyer – the number of people dying or becoming ill due to contaminated food has risen a startling 44% since last year. A report by the U.S. Public Interest Research Group (“PIRG”) noted that 2011 saw 718 illnesses directly linked to recalled food nationwide. In only the first nine months of 2012, the number of illnesses attributed to recalled foods was 1,035. This 44% increase includes ailments traceable to products ranging from mangoes and cantaloupe to meat and nut butter. Notably, the number sickened in the recent nut butter recall has continued to rise, with the Center for Disease Control increasing the number of confirmed salmonella cases to thirty-five (it is not immediately clear if some cases would fall into October statistics and thus outside the period in PIRG’s report).

Overall, going beyond cases linked to formally recalled products, approximately 48 million people fall ill annually after consuming tainted food. The PIRG report emphasizes that the problem of foodborne illness is getting worse. Examining national health objective targets and actual 2010 data reveals that the only target met was for the incidence of E. Coli 0157. The incidence of salmonella, the culprit in the majority of hospitalizations and deaths associated with foodborne illness, was three times the stated target.

As we’ve previously discussed, the Food Safety Modernization Act became law two years ago. The legislation sought to improve food safety through several routes, including giving the Food and Drug Administration (“FDA”) more power to respond quickly and hold companies accountable when an outbreak of foodborne illness occurs. However, budget concerns have prevented the law from being fully implemented and the main thrust of the law’s regulatory framework remains in governmental limbo with no established timeframe for the Act to move forward. PIRG’s report criticizes this delayed implementation and planned cuts in FDA funding. Additionally, PIRG criticizes the failure of the FDA to keep pace with increasing demands for inspection of foods imported from abroad (approximately 15% of all food consumed in the U.S. and up to two-thirds of fruits and vegetables are imported). PIRG calls for improved funding for the FDA and for the agency to create more concrete, specified inspection standards that include unannounced visits. The group also urges improved coordination between the FDA and other agencies including the Centers for Disease Control and Prevention. In reply, the FDA notes that the rule-making process is time-consuming and the main federal budget group adds that they have taken important steps such as tackling the problem of salmonella in eggs and expanding E. Coli testing on beef products.

Few things are as important to our daily lives as food safety. We should not have to worry about falling ill because food companies or other organizations failed to adequately protect the safety of our food supply. Our San Francisco food safety law firm is committed to helping people made seriously ill by tainted food to recover compensation from manufacturers, sellers, or anyone else in the supply chain who bore responsibility for the unsafe products.

Consumer advocates and victim’s rights lawyers have long warned that the nation’s laws failed to fully protect Americans from foodborne illnesses. While many companies and industry groups do take steps to ensure product safety, the law lagged behind. One step to improve this system came with the signing of the Food Safety Modernization Act of 2010 (“FSMA”) on January 2, 2011. The federal government stated that the intent of the law is to ensure food safety by taking a more proactive role, preventing contamination instead of merely responding to outbreaks of foodborne illness. Through the FSMA, the FDA gained enhanced authority and some new powers. The FDA is also required do engage in rulemaking to produce a number of guidance documents and to prepare strategies, standards, plans, and other important reports.

FDA duties and powers under the FDMA can be broken down into several categories, with a number of components to each:

Obtaining compensation for victims is an important goal of our Oakland injury law firm, but it is not the only one. Representing plaintiffs in civil court cases, such as a contaminated food lawsuit in California, helps us send an important message to both companies and individuals. Holding people and organizations accountable for illness and injury caused by their actions tells them that our Northern California community will not tolerate decisions that ignore public safety.

The Oakland Tribune is reporting on a wrongful death lawsuit filed in Alameda County Superior Court against a Castro Valley restaurant and an Iowa egg farm. The suit claims that both the farm and the steakhouse are liable for selling and distributing contaminated food and for negligence in failing to ensure the eggs were contaminant-free.

According to the complaint, Mate Marlais fell ill due to the salmonella bacteria after eating eggs “over-easy” served to him on June 7, 2010 at El Rancho Steakhouse. The 89 year-old was found in a pool of diarrhea a few days after eating the eggs. He was taken to the hospital in a state of shock and died when the family removed him from life support. Officials linked the eggs served at the restaurant to the Wright County Egg Farm in Iowa. The farm’s products were cited as the source in more than 1,300 illnesses nationwide, including 266 cases in California. Marlais is the only person whose death was confirmed to have stemmed from the products. In the wake of the salmonella outbreak, more than a half-billion eggs that originated from the Iowa farm were recalled.

The move towards natural foods can be a healthy shift away from processed foods and the over-reliance on fast food that can lead to expanding waistlines and increased health risks. However, sometimes foods marketed as natural carry their own hidden dangers. As San Francisco products liability lawyers, the Brod Law Firm team urges the public to use caution when purchasing food for their family. Likewise, we urge residents harmed by dangerous food products to seek legal recourse and hold companies responsible for selling unsafe food in Northern California.

As reported in the San Francisco Chronicle, California has just lifted a ban that resulted from concerns about unsafe food products. The ban was issued after five children in our state became ill after drinking raw milk produced by Organic Pastures in Fresno. All of the children were found to have the same strain of E. Coli. Three of the young people were hospitalized with hemolytic uremic syndrome, a dangerous illness that can lead to kidney failure. Although investigators did not find the bacteria in samples of the milk, it was deemed the likely source since all five children had consumed the dairy’s raw milk in the period before they fell ill. The state shut down production at the dairy temporarily and recalled Organic Pastures products. At the time of the Chronicle’s report, the dairy had passed necessary inspections and was allowed to resume production of all products with the exception of raw colostrum. Investigators have continued to quarantine the final product out of concern that it may carry dangerous bacteria.

There is a lot of controversy over raw milk products. Proponents believe that raw milk contains more nutrients than the more common pasteurized variety and also that the pasteurization process kills “good” bacteria that can have health benefits including the potential prevention of asthma and other health woes. However, others warn that raw milk can contain harmful bacteria including E. coli, salmonella, and listeria. Worldwide, some countries have total bans on raw milk while others permit the drink, particularly when it is bought directly from the farm. In the United States, federal law prohibits the sale of raw milk across state lines. Other regulation varies by state with about half of states prohibiting its sale for human consumption. California does permit licensed facilities to sell unpasteurized milk. Two facilities appear to have obtained such licenses and additional sales occur directly at some farms.

Around 36 million pounds of ground turkey has been recalled due to it being linked to 77 incidents of salmonella poisoning and one death in Sacramento, according to sfexaminer.com. The meat in question is packaged under the name of Honeysuckle White-brand turkey products, Kroger ground turkey and Giant Eagle ground turkey and were sold at FoodsCo, Food 4 Less and Winco Foods . Consumers can be return the packages purchased for a full refund. As of Tuesday, six cases have been reported in California-one in San Francisco, one in Los Angeles, one in Riverside, one in San Diego, and two in Sacramento. The strand of bacteria linked to this outbreak is what is known as salmonella Heidelberg and is resistant to most prescribed antibiotics, according to the U.S. Centers for Disease Control and Prevention. An investigation is being handled by the USDA Food Safety and Inspection Service and the CDC. The USDA has warned consumers to fully cook their meat.

It is important to point out that growers, retailers, importers and/or distributors of food owe a duty of care to the consumer not to sell, import or distribute food that is unsafe for human consumption. As such, there exists an implied warranty for goods sold to the consumer. In the case of imported foods, importers must comply with all regulatory requirements surrounding the goods it intends to sell. Usually an importer must hire a customs broker to inspect food, as will the government, certifying that the food is safe and fit for human consumption, which may be the ultimate deciding factor for establishing if the standard of care had been met by the importer.

Advances in food production technology, such as the radio frequency identification tracking system, have allowed the producers of our food the ability to track each piece of produce from moment of harvest to truck to distribution center to retail store, a process that has made it easier than ever to contain and track contamination outbreaks. But these systems are not always a guarantee that contaminated food won’t, or can’t, slip past them and end up on our dinner tables. Food contamination isn’t always the result of a huge farming or harvesting mishaps, though, such as feces making contact with a crop, or an animal on the way to the slaughter, it can sometimes be the result of a farm or warehouse worker not washing their hands or a grocery store worker leaving perishable food out for too long before selling it to a customer.
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This week Kellogg Corporation was issued a warning letter by the Food and Drug Administration after the agency found some serious health violations-the pooling of water, wet insulation, and Listeria–at the Augusta, Georgia plant during their inspection back in February. The FDA said that out of all of the samples it took, 15 tested positive for the dangerous Listeria pathogen, 7 of which were taken from locations with direct food contact. The FDA’s warning letter did not state that food from Kellogg plant was contaminated, yet it did state that the positive Listeria testing pointed to unsanitary conditions and that those conditions could cause food contamination. The warning letter also states that FDA inspectors discovered over 100 flies at the plant and pointed out that Listeria was discovered along the production line that has direct contact with food. Kellogg has promised to remove pipes to control the dirpping problem and to use pressurized aerosol insecticide on the flies. The FDA will determine during its next inspection whether the remedies used by Kellogg are sufficient. The FDA said Kellogg had 15 working days following receipt of the letter to provide documentation outlining what it plans to do to correct the violations.

Sadly, this is not the first time Kellogg has faced such issues. The bakery in Augusta was found to have faulty ingredient storage practices after an inspection by the FDA in January of 2010. During the same year, Kellogg issued a massive recall of cereal due to an unusual waxy flavor and smell. Also, a recall was issued in 2009 for some Keebler cookies and Special K protein bars. It should be pointed out that eating food contaminated with bacterium listeria monocytogenes can cause a dangerous infection called listeriosis, according the Centers for Disease Control. Symptoms may include diarrhea and other gastrointestinal symptoms, such as fever, muscle aches, stiff neck, confusion and convulsions. It is estimated that 1,600 people become seriously ill with listeriosis each year and around 260 succumb to the infection.

If you or someone you love fell victim to an unsafe product, please contact our product liability attorney today. Our firm has over 10 years experience representing people who have been injured by dangerous and defective products throughout the San Francisco Bay Area. We understand the devastating effects a dangerous product can have on our clients lives and the lives of their families, and we will work on a contingency basis, meaning our clients pay no fees or costs unless a recovery is made.

The growing presence of antibiotic-resistant bacteria is a major challenge today. According to one study published in the Journal Clinical Infectious Diseases, much of our meat and poultry is contaminated with multidrug-resistant staph, which means consumers across the U.S. are at risk-and what those risks are is still unclear. Antibiotics are the most important drugs we have to treat Staph infections. But when Staph is resistant to several different antibiotics, patients have few options for treatment, leaving them sick and vulnerable to dying. According to warning issued by the World Health Organization (WHO), overuse and misuse of antibiotics, including in the general overuse at the therapeutic level, is creating a global war against infections and diseases as they render existing antibiotics useless. The fact that the drug-resistant pathogen was so prevalent, and likely came from the food animals themselves, is troubling and demands attention to how antibiotics are used in food-animal production today. However, lowering or halting the use of antibiotic use in animal production could have serious effects on the meat and poultry industry. At the same time, there is a growing movement to reduce the use of antibiotics, but there is still controversy over whether or not low-dose usage of antibiotics in food animals can be directly linked to drug-resistant illness in people.

Here at the Brod Law Firm, we believe no food production company should be allowed to add antibiotics, or any drugs or chemicals, to our food until they can prove doing so does not put consumers’ health at risk. But the sad fact is that stopping the use of it now could lead to increased animal disease and a further reduction in food safety. Our current food production system is so enmeshed in the practice of using antibiotics– ever since ranchers and farmers discovered decades ago that it would make animals gain weight, which would lead to higher yields and ultimately raise industry profits-that that same system could crumble if things were to change. But maybe that is a good thing.
If you or a loved one suffered an injury due to the consumption of a tainted food product, please contact our firm for a free consultation.

Last week, the U.S. Centers for Disease Control and Prevention (CDC) reported that two different companies issued food product recalls after epidemiologic investigations linked Salmonella Panama infections to specific cantaloupe shipments from Del Monte Fresh Produce and E coli O157;H7 infections to Lebanon bologna manufactured by Palmyra Bologna Company. They received reports that 12 patients in four states-Oregon (5 cases), Washington (4 cases), California (2 cases), and Maryland (1 case)–fell ill as a result of Salmonella Panama. According to investigations, all but one of the ill patients ate cantaloupe in the week prior to falling ill and all 10 ate cantaloupe purchased at seven separate Costco locations. The other 14 infections connected to the E. coli outbreak involved patients from five states-Maryland (3 cases), New Jersey (2 cases), North Carolina (1 case), Ohio (2 cases), and Pennsylvania (6 cases)-as of March 22, 20011. The bologna recall was categorized as a Class I, which means it represents a health hazard situation in which there is a reasonable probability that the use of the defective product will cause serious, adverse health consequences or death.

Both Salmonella and E coli cause abdominal cramps and diarrhea-in some cases the symptoms may be so severe that the patient needs to be hospitalized. The elderly, infirm, infants, and those with impaired immune systems are more likely to develope a severe illness from these infections. Anyone who thinks they may have become ill from eating possibly contaminated food should consult their health care provider. If you or a loved one became ill due to eating tainted food, contact our food safety attorney today. We have over 10 experience helping victims of defective or contaminated products win the compensation they deserve.

Two recent organic food recalls prove that organic does not mean pathogen free. According to theUSDA, First Class Foods, of Hawthorne, California issued a recall of 34,373 pounds of organic beef over potential contamination with E. coli bacteria on December 30th of last year. That beef was distributed in California, New Jersey, New York, North Carolina, Washington State, and Wisconsin, and was sold under the Organic Harvest and Nature’s Harvest label. At that time, according to the FDA, Tiny Greens Organic Farm also recalled alfalfa and spicy sprouts over concerns of potential contamination with the Salmonella pathogen. Those sprouts were distributed in Illinois, Indiana, and Missouri. July of last year, a recall was initiated by Specialty Farms regarding a possible Listeria contamination of their sprouts. Organicgirls also issued a recall over concerns of Salmonella contamination last year.

Organics is big business, generating billions in sales every year. However, the agency that oversees the certifying process is underfunded and understaffed, and agents have an incentive to approve companies that are paying them. Before, organic labeling didn’t mean much when it came to processed food in packages (many packaged foods have a few orgainic are not 100% organic), but now fresh organic food is just as suspect. The truth is that we take a risk every time we eat something, organic or not, as pathogens can enter the food chain at time. Consumers should remember that pesticide free does not mean pathogen free. At the same time, we should be able to expect stricter adherence to cleanliness and quality when we pay the higher price for organics. Yet, as the recalls prove, it is folly to expect–and believe– the people and companies that sell such products are of the same philosophy. Also, funnily enough, we tend believe, on some unconscious level, that the higher price of organics should keep us safe and healthy. But the truth is it does not ensure safety. So, the real issues and concerns are over who inspects, processes, and handles our food, and those standards are coming under pressure from the public as big companies cash in on the growing demand for organic foods. Here at the Brod Law Firm, we encourage consumers to update their understanding the hierarchy of organic labeling and become proactive about their purchases by asking where their products come from and how fresh they are, etc.etc. If you or a loved one suffered an injury due to ingesting a contaminated product, contact our office for a free consultation.