This document provides a summary of food law and litigation related to foodborne illness over the past 28 years. It discusses key events that shaped food safety regulation and policy in the US, including outbreaks linked to E. coli O157:H7 in the 1980s-90s that increased scrutiny of the meat industry. The Jack in the Box outbreak in 1993 prompted a major shift towards treating E. coli as an adulterant in ground beef. Later outbreaks involving Salmonella in peanut products led to criminal indictments of industry executives. The document emphasizes that competitive pressures in food production can undermine safety and stresses the importance of establishing a strong safety culture.
31 of the Biggest Recalls in Food Safety HistoryBill Marler
In November 2018 Cheyenne Buckingham and John Harrington wrote “31 Food Recalls That Poisoned the Most People.” Here is the Marler Clark view of the same list.
2018 Royal Society for Public Health SpeechBill Marler
Later this month I will be giving a talk to the Royal Society for Public Health. The talk will be a bit of history of E. coli and the Jack in the Box case.
31 of the Biggest Recalls in Food Safety HistoryBill Marler
In November 2018 Cheyenne Buckingham and John Harrington wrote “31 Food Recalls That Poisoned the Most People.” Here is the Marler Clark view of the same list.
2018 Royal Society for Public Health SpeechBill Marler
Later this month I will be giving a talk to the Royal Society for Public Health. The talk will be a bit of history of E. coli and the Jack in the Box case.
20 years after Jack in the Box - from a lawyer’s perspectiveBill Marler
It's been 20 years since "E. coli" became a household word during the Jack in the Box E. coli outbreak. Attorney Bill Marler, who represented the most seriously injured survivor of the E. coli outbreak, presents at the 2013 Food Safety Summit: What's changed and what still needs to be done to improve the safety of our nation's food supply?
What has Changed since Upton Sinclair? A contemporary view of food safetyBill Marler
What’s behind the shiny abattoir walls of contemporary slaughterhouses? After all the regulation, safety protocols, worker initiatives, and animal rights action, we still have millions of pounds of beef recalled every year due to contamination with deadly pathogens like E. coli O157:H7 and its toxic cousins. Hundreds are sickened, many are permanently injured, and there are still deaths. Why can’t we get it right?
Food safety attorney Bill Marler will address the many challenges facing the meat industry and the consumers who eat their product. Climate, industry pressures and protocols, regulatory successes and failures, and consumer behavior all play a part. In addition to the discouraging list of what isn’t working in the system, he will present a list of proactive steps that can be taken to improve the safety of the American meat supply.
The Impact of Global Commerce on Food Safety and Liability in 2009 with Bill ...Bill Marler
Marler Clark's Bill Marler speaks on the impact of global commerce on food safety and liability to the Canadian Institute of Public Health Inspectors in 2009
2011 NCASM Conference: Separating the Wheat from the Chaff with Bill MarlerBill Marler
Marler Clark Managing Partner Bill Marler's presentation to the Northern California American Society for Microbiology about the process of food safety plaintiff litigation
2011 Food Defense Summit: Legal Risks and Responsibilities for Producing Safe...Bill Marler
Bill Marler of Marler Clark, The Food Safety Law Firm gives a presentation at the 2011 Food Defense Summit in Denver about the legal aspects of food safety in food production and reducing foodborne illness.
2016 Michigan State Speech on the Risk of Criminal ProsecutionsBill Marler
2016 Michigan State Speech on the Risk of Criminal Prosecutions in Food Production. This will be an overview of cases in the last several years when CEO's and others have been prosecuted for violations of the Federal Food Drug and Cosmetic Act
CDC Webinar: Foodborne illness Outbreaks and Law with Attorney Bill MarlerBill Marler
Attorney and food safety expert William Marler give a May 2012, Centers for Disease Control and Prevention webinar on foodborne illness litigation and the role of public health officials.
Acute hemolytic uremic syndrome (HUS).
Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC).
The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission. The bacteria rapidly multiply in the gut, causing inflammation and diarrhea (colitis) as they tightly bind to cells that line the large intestine. This snug attachment becomes a route for the toxin to travel from the gut into the bloodstream, where it attaches to weak receptors on white blood cells (WBCs). From there, WBCs carry the toxin to the kidneys and other organs.
To induce toxicity in target cells, Shiga toxins must first bind to specific receptors on their surface (Gb3 receptors). Organ injury is primarily a function of Gb3 receptor location and density. They are found on epithelial, endothelial, mesangial, and glomerular cells of the kidney, as well as microvascular endothelial cells of the brain and intestine. Because this attachment causes these organs to be susceptible to the toxicity of Shiga toxins, this distribution explains the involvement of the gut, kidney, and brain in STEC-associated hemolytic uremic syndrome (HUS).
Within the target organ, Shiga toxins disrupt the cellular machinery, resulting in cell injury and/or death. Within the intestine, infectious bacterial lesions cause derangements in the intestinal lining, disrupting the structure of the villi, affecting absorption in the gut, and eventually leading to watery diarrhea. Damage to the intestinal endothelium also causes mucosal/submucosal edema and, hemorrhage, introducing blood into the diarrhea.
Within the circulatory system, Shiga toxins are directly involved in platelet activation and aggregation (clot formation). The thrombotic microangiopathy that characterizes hemolytic uremic syndrome (HUS) occurs when platelet microthrombi (tiny clots) form in the walls of small blood vessels (arterioles and capillaries) causing platelet consumption. This pathologic reduction in platelets is called thrombocytopenia and is one of the hallmarks of HUS. Within the microvasculature of the kidney these clots disturb blood flow to the organ, causing acute kidney injury and kidney failure.
Hemolytic Uremic Syndrome (HUS) chris edits 7.31.23.pptxBill Marler
Acute hemolytic uremic syndrome (HUS).
Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC).
The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission. The bacteria rapidly multiply in the gut, causing inflammation and diarrhea (colitis) as they tightly bind to cells that line the large intestine. This snug attachment becomes a route for the toxin to travel from the gut into the bloodstream, where it attaches to weak receptors on white blood cells (WBCs). From there, WBCs carry the toxin to the kidneys and other organs.
To induce toxicity in target cells, Shiga toxins must first bind to specific receptors on their surface (Gb3 receptors). Organ injury is primarily a function of Gb3 receptor location and density. They are found on epithelial, endothelial, mesangial, and glomerular cells of the kidney, as well as microvascular endothelial cells of the brain and intestine. Because this attachment causes these organs to be susceptible to the toxicity of Shiga toxins, this distribution explains the involvement of the gut, kidney, and brain in STEC-associated hemolytic uremic syndrome (HUS).
Within the target organ, Shiga toxins disrupt the cellular machinery, resulting in cell injury and/or death. Within the intestine, infectious bacterial lesions cause derangements in the intestinal lining, disrupting the structure of the villi, affecting absorption in the gut, and eventually leading to watery diarrhea. Damage to the intestinal endothelium also causes mucosal/submucosal edema and, hemorrhage, introducing blood into the diarrhea.
Within the circulatory system, Shiga toxins are directly involved in platelet activation and aggregation (clot formation). The thrombotic microangiopathy that characterizes hemolytic uremic syndrome (HUS) occurs when platelet microthrombi (tiny clots) form in the walls of small blood vessels (arterioles and capillaries) causing platelet consumption. This pathologic reduction in platelets is called thrombocytopenia and is one of the hallmarks of HUS. Within the microvasculature of the kidney these clots disturb blood flow to the organ, causing acute kidney injury and kidney failure.
More Related Content
Similar to 2021 British Columbia Food Safety Speech
20 years after Jack in the Box - from a lawyer’s perspectiveBill Marler
It's been 20 years since "E. coli" became a household word during the Jack in the Box E. coli outbreak. Attorney Bill Marler, who represented the most seriously injured survivor of the E. coli outbreak, presents at the 2013 Food Safety Summit: What's changed and what still needs to be done to improve the safety of our nation's food supply?
What has Changed since Upton Sinclair? A contemporary view of food safetyBill Marler
What’s behind the shiny abattoir walls of contemporary slaughterhouses? After all the regulation, safety protocols, worker initiatives, and animal rights action, we still have millions of pounds of beef recalled every year due to contamination with deadly pathogens like E. coli O157:H7 and its toxic cousins. Hundreds are sickened, many are permanently injured, and there are still deaths. Why can’t we get it right?
Food safety attorney Bill Marler will address the many challenges facing the meat industry and the consumers who eat their product. Climate, industry pressures and protocols, regulatory successes and failures, and consumer behavior all play a part. In addition to the discouraging list of what isn’t working in the system, he will present a list of proactive steps that can be taken to improve the safety of the American meat supply.
The Impact of Global Commerce on Food Safety and Liability in 2009 with Bill ...Bill Marler
Marler Clark's Bill Marler speaks on the impact of global commerce on food safety and liability to the Canadian Institute of Public Health Inspectors in 2009
2011 NCASM Conference: Separating the Wheat from the Chaff with Bill MarlerBill Marler
Marler Clark Managing Partner Bill Marler's presentation to the Northern California American Society for Microbiology about the process of food safety plaintiff litigation
2011 Food Defense Summit: Legal Risks and Responsibilities for Producing Safe...Bill Marler
Bill Marler of Marler Clark, The Food Safety Law Firm gives a presentation at the 2011 Food Defense Summit in Denver about the legal aspects of food safety in food production and reducing foodborne illness.
2016 Michigan State Speech on the Risk of Criminal ProsecutionsBill Marler
2016 Michigan State Speech on the Risk of Criminal Prosecutions in Food Production. This will be an overview of cases in the last several years when CEO's and others have been prosecuted for violations of the Federal Food Drug and Cosmetic Act
CDC Webinar: Foodborne illness Outbreaks and Law with Attorney Bill MarlerBill Marler
Attorney and food safety expert William Marler give a May 2012, Centers for Disease Control and Prevention webinar on foodborne illness litigation and the role of public health officials.
Similar to 2021 British Columbia Food Safety Speech (20)
Acute hemolytic uremic syndrome (HUS).
Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC).
The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission. The bacteria rapidly multiply in the gut, causing inflammation and diarrhea (colitis) as they tightly bind to cells that line the large intestine. This snug attachment becomes a route for the toxin to travel from the gut into the bloodstream, where it attaches to weak receptors on white blood cells (WBCs). From there, WBCs carry the toxin to the kidneys and other organs.
To induce toxicity in target cells, Shiga toxins must first bind to specific receptors on their surface (Gb3 receptors). Organ injury is primarily a function of Gb3 receptor location and density. They are found on epithelial, endothelial, mesangial, and glomerular cells of the kidney, as well as microvascular endothelial cells of the brain and intestine. Because this attachment causes these organs to be susceptible to the toxicity of Shiga toxins, this distribution explains the involvement of the gut, kidney, and brain in STEC-associated hemolytic uremic syndrome (HUS).
Within the target organ, Shiga toxins disrupt the cellular machinery, resulting in cell injury and/or death. Within the intestine, infectious bacterial lesions cause derangements in the intestinal lining, disrupting the structure of the villi, affecting absorption in the gut, and eventually leading to watery diarrhea. Damage to the intestinal endothelium also causes mucosal/submucosal edema and, hemorrhage, introducing blood into the diarrhea.
Within the circulatory system, Shiga toxins are directly involved in platelet activation and aggregation (clot formation). The thrombotic microangiopathy that characterizes hemolytic uremic syndrome (HUS) occurs when platelet microthrombi (tiny clots) form in the walls of small blood vessels (arterioles and capillaries) causing platelet consumption. This pathologic reduction in platelets is called thrombocytopenia and is one of the hallmarks of HUS. Within the microvasculature of the kidney these clots disturb blood flow to the organ, causing acute kidney injury and kidney failure.
Hemolytic Uremic Syndrome (HUS) chris edits 7.31.23.pptxBill Marler
Acute hemolytic uremic syndrome (HUS).
Post-diarrheal hemolytic uremic syndrome (D+HUS) is a severe, life-threatening complication that occurs in about 10 percent of those infected with E. coli O157:H7 or other Shiga toxin-producing (Stx) E. coli (STEC).
The cascade of events leading to HUS begins with ingestion of Stx-producing E. coli (e.g., E. coli O157: H7) in contaminated food, beverages, animal to person, or person-to-person transmission. The bacteria rapidly multiply in the gut, causing inflammation and diarrhea (colitis) as they tightly bind to cells that line the large intestine. This snug attachment becomes a route for the toxin to travel from the gut into the bloodstream, where it attaches to weak receptors on white blood cells (WBCs). From there, WBCs carry the toxin to the kidneys and other organs.
To induce toxicity in target cells, Shiga toxins must first bind to specific receptors on their surface (Gb3 receptors). Organ injury is primarily a function of Gb3 receptor location and density. They are found on epithelial, endothelial, mesangial, and glomerular cells of the kidney, as well as microvascular endothelial cells of the brain and intestine. Because this attachment causes these organs to be susceptible to the toxicity of Shiga toxins, this distribution explains the involvement of the gut, kidney, and brain in STEC-associated hemolytic uremic syndrome (HUS).
Within the target organ, Shiga toxins disrupt the cellular machinery, resulting in cell injury and/or death. Within the intestine, infectious bacterial lesions cause derangements in the intestinal lining, disrupting the structure of the villi, affecting absorption in the gut, and eventually leading to watery diarrhea. Damage to the intestinal endothelium also causes mucosal/submucosal edema and, hemorrhage, introducing blood into the diarrhea.
Within the circulatory system, Shiga toxins are directly involved in platelet activation and aggregation (clot formation). The thrombotic microangiopathy that characterizes hemolytic uremic syndrome (HUS) occurs when platelet microthrombi (tiny clots) form in the walls of small blood vessels (arterioles and capillaries) causing platelet consumption. This pathologic reduction in platelets is called thrombocytopenia and is one of the hallmarks of HUS. Within the microvasculature of the kidney these clots disturb blood flow to the organ, causing acute kidney injury and kidney failure.
I will be giving a talk on the 2011 Listeria Outbreak in the US that sickened 147 and killed at least 33. Over 100 have died from Listeria in South Africa in the last year.
The Fresh Produce Safety Centre (FPSC) provides open access to actionable information for fresh produce businesses and government to continually enhance the safety and quality of fruit and vegetables.
We aim to raise awareness and to increase the collaboration between stakeholders of the Australian and New Zealand fresh produce industry, as well as establish global partnerships to better utilise the information available.
Any outbreak of foodborne illness will impact the entire fresh produce sector, therefore fresh produce safety and traceability is of the utmost importance for all levels of the supply chain including growers, packers, processors, distributors, wholesalers and retailers.
The FPSC website covers all aspects of fresh produce safety by supplying valuable information and resources, providing research with practical application, and identifying knowledge gaps in fresh produce safety.
Horticulture New Zealand Incorporated, in conjunction with Pipfruit New Zealand Incorporated and industry association partners: Process Vegetables New Zealand, Tomatoes New Zealand Incorporated and Vegetables New Zealand Incorporated, are pleased to announce our joint conference in 2016. We are delighted to host the inaugural New Zealand Horticulture Conference at the Rutherford Hotel, Nelson from the 3rd to the 5th August 2016.
The theme "Innovate from seed to plate" aims to interest and benefit the widest range of growers and horticulturalists and will have an emphasis on technology and innovations that can assist us to further improve our growth and delivery of the world's best fruit and vegetables.
New Zealand horticulture leads the world in third party assurance and HortNZ invited a selection of high calibre experts to come and talk about where we can go next to continue to satisfy consumer and trade needs.
Hotel management involves overseeing all aspects of a hotel's operations to ensure smooth functioning and exceptional guest experiences. This multifaceted role includes tasks such as managing staff, handling reservations, maintaining facilities, overseeing finances, and implementing marketing strategies to attract guests. Effective hotel management requires strong leadership, communication, organizational, and problem-solving skills to navigate the complexities of the hospitality industry and ensure guest satisfaction while maximizing profitability.
Vietnam Mushroom Market Growth, Demand and Challenges of the Key Industry Pla...IMARC Group
The Vietnam mushroom market size is projected to exhibit a growth rate (CAGR) of 6.52% during 2024-2032.
More Info:- https://www.imarcgroup.com/vietnam-mushroom-market
Food Processing and Preservation Presentation.pptxdengejnr13
The presentation covers key areas on food processing and preservation highlighting the traditional methods and the current, modern methods applicable worldwide for both small and large scale.
Food Processing and Preservation Presentation.pptx
2021 British Columbia Food Safety Speech
1. Food Law and its impact
from Farm to Table - a
Reflection on 28 years of
Litigation
November 25, 2021
2. Post Upton Sinclair “The Jungle”
The “poke and sniff” system was designed to
prevent rotten, blemished, or damaged meat
from entering the food supply.
Cuts of meat with lesions, growths and
abrasions were found by inspectors, who
used their sense of smell and touch to
identify contaminated meat from clean cuts.
The “command and control” approach meant
that the USDA inspectors were in control of
the facility and meat safety was the
responsibility of U.S. Government.
3. 3
A History of Food Safety and Litigation
“In construing both the Wholesome Meat Act and the Wholesome Poultry
Products Act we are mindful that the presence of salmonellae can be
detected only by microscopic examination. No one contends that
Congress meant that inspections should include such examinations. We
think it follows therefore that Congress did not intend the prescribed
official legends to import a finding that meat and poultry products were
free from salmonellae.”
“The American consumer knows that raw meat and poultry are not
sterile and, if handled improperly, perhaps could cause illness.” In other
words, American housewives and cooks normally are not ignorant or
stupid and their methods of preparing and cooking of food do not
ordinarily result in salmonellosis.”
APHA v. Butz, 511 F.2d 331, 334 (1974).
4. A Warning Ignored
In 1983 the New England Journal of
Medicine reported two outbreaks of an
unusual gastrointestinal illness that
affected at least 47 people in Oregon
and Michigan in February through
March and May through June 1982 in
Oregon and Michigan that affected at
least 47 people. The outbreaks were
associated with eating at restaurants
belonging to the same fast-food
restaurant chain in Oregon and
Michigan.
E. coli O157:H7 was isolated from 9 of
12 stools collected within four days of
onset of illness in both outbreaks and
from a beef patty from a suspected lot
of meat in Michigan.
5. California – A Missed Opportunity
In late December, the San Diego
County Department of Health Services
was notified of a child with E. coli
O157:H7 infection who subsequently
died. After the Washington outbreak
was reported, reviews of medical
records at five hospitals revealed an
overall 27% increase in visits or
admissions for diarrhea during
December 1992 and January 1993
compared with the same period 1 year
earlier. Illnesses of 34 patients met the
case definition The outbreak strain was
identified in stool specimens of six
patients. Fourteen persons were
hospitalized, seven developed HUS,
and one child died. The median age of
case-patients was 10 years.
6. “The Beef Industry’s 911”
From November 15, 1992, through
February 28, 1993, more than 600
laboratory-confirmed infections with E.
coli O157:H7 and four associated
deaths occurred in four states:
Washington, Idaho, California, and
Nevada. In Washington, as a result of
publicity and case-finding efforts,
during January-February 1993, 602
patients with bloody diarrhea or HUS
were reported to the state health
department. Onsets of illness peaked
from January 17 through January 20.
Of the patients, 30% were
hospitalized; 30 developed HUS, and
three died. The median age of patients
was 7.5 years.
11. The Most Historic Shift In USDA Enforcement
Policy for Meat
September 28, 1994
FSIS Administrator,
Michael Taylor, in a
speech to the AMI
“To clarify an important legal
point, we consider raw ground
beef that is contaminated with E.
coli O157:H7 to be adulterated
within the meaning of the [FMIA].
We are prepared to use the Act’s
enforcement tools, as necessary,
to exclude adulterated product
from commerce. Finally, we plan
to conduct targeted sampling and
testing of raw ground beef at
plants and in the marketplace for
possible contamination.”
12. 12
MEAT INDUSTRY REACTION:
“How can FSIS treat E. coli in hamburger meat as an
adulterant subject to enforcement strategies, while not
applying the same standard to salmonella in broilers…Such
gross policy interpretation favoring the poultry industry and
disfavoring the beef industry is a travesty indeed.” —
Rosemary Mucklow
FOOD MARKETING INSTITUTE:
“It is essential that nothing dilute the consumer message that
the proper cooking of meat eliminates foodborne pathogens.”
E. coli O157:H7 as an Adulterant
And so, of course, they sued the
USDA
13. MEAT INSPECTION TOTALLY RE-INVENTED:
1. From “Command and Control” Model to HACCP-based
Model
2. HACCP placed the responsibility for meat safety on the
manufacturer
3. Inspectors are there to confirm that the HACCP plan is in
place & working
4. USDA implemented microbiological testing in-plant and
at retail
Public Outrage Caused Change
15. Food Production is a Risky Business
• Competitive Markets
• Stockholder Pressures
for Increasing Profits
over Long-term Safety
• Brand Awareness Risks
• Not least of all, those
pesky lawyers
16. Strict Product Liability
• Negligence
– Are you a
product seller?
– Did you act
“reasonably”?
• Strict Liability
– Are you a
manufacturer?
– Was the product
unsafe?
– Did product
cause injury?
• Punitive Damages
/Criminal Liability
– Did you act with
conscious disregard
of a known safety risk?
17. Who is a Manufacturer?
A “manufacturer” is
defined as a “product
seller who designs,
produces, makes,
fabricates, constructs,
or remanufactures the
relevant product or
component part of a
product before its sale
to a user or consumer.”
RCW 7.72.010(2); see also Washburn v. Beatt Equipment Co.,
120 Wn.2d 246 (1992)
22. “Romaine Calm”
• A total of 240 people in the
United States infected with the
outbreak strain of E.
coli O157:H7 were reported from
36 states. There were 8 illnesses
reported in Canada.
• Illnesses started on dates
ranging from March 13, 2018 to
June 6, 2018.
• Ill people ranged in age from 1 to
88 years.
• 96 (48%) were hospitalized,
including 27 people who
developed hemolytic uremic
syndrome (HUS), a type of
kidney failure.
• Five deaths were reported from
Arkansas, California, Minnesota
(2), and New York.
25. A South African Polony Tragedy
• 1,027 cases have been reported
since January 2017.
• 743 cases were reported in
2017.
• 264 cases in 2018.
• Females account for 55% cases
where gender is reported.
• Ages range from birth to 92
years.
• 200 patients are known to have
died.
26. Stephanie Smith Before
• 20-year-old Dance
Instructor
• High School
Graduate
• Running Three Just
for Kix Dance
Studios
• Boyfriend – looking
forward to marriage
and children
27. Stephanie Smith After
• E. coli O157:H7 after eating
hamburger
• Hospitalized September 27,
2007 – June 18, 2008
• Hemolytic Uremic Syndrome
• Stroke leaving her brain injured
and unable to walk
• Acute Kidney Failure – Two
months of dialysis – will require
multiple transplants
• Neurogenic Bowel and Bladder
• Will not have children
• Past Medical Expenses
$1,886,434
• Future Care Costs $29,445,688
• Wage Loss $1,229,085
28. Linda Rivera Before
• Wife, Mother of Six
• Worked with
Disabled Children
• Dedicated “Sports
Mom”
29. Linda Rivera After
• E. coli O157:H7 Cookies
• Hospitalized May 3, 2009 – May 20, 2011
• Large Intestine Removed
• Stroke
• Mechanical Ventilation
• Multiple Septic Infections
• Missed Three Kid’s Graduations
• Dialysis, Plasma Exchange
• Congestive Heart Failure
• Hospice Care Suggested Multiple Times
• Liver Failure
• Hemolytic Uremic Syndrome
• Dialysis
• Dr. Siegler: “Linda has survived the
severest multi-organ (bowel, kidney, brain,
lung, gall bladder, pancreas and liver) E.
coli case I have seen in my extensive
experience.”
• Medical Bills to date $5,537,755
• Future Care Costs $26,289.768 to
$61,769,699
31. It Started with just a Little Salmonella
• 714 persons infected with the outbreak
strain of Salmonella Typhimurium were
reported from 46 states.. Additionally,
one ill person was reported from Canada.
• Among the persons with confirmed,
reported dates available, illnesses began
between September 1, 2008 and March
31, 2009. Patients ranged in age from <1
to 98 years. The median age of patients
was 16 years which means that half of ill
persons were younger than 16 years.
21% were age <5 years, 17% were >59
years. 48% of patients were female.
Among persons with available
information, 24% reported being
hospitalized.
• Nine deaths: Idaho (1), Minnesota (3),
North Carolina (1), Ohio (2), and Virginia
(2).
32. Then there were Congressional Hearings
• “Turn them loose,” Parnell had told his
plant manager in an internal e-mail
disclosed at the House hearing. The e-
mail referred to products that once were
deemed contaminated but were cleared in
a second test last year.
• Parnell ordered products identified with
salmonella to be shipped and quoting his
complaints that tests discovering the
contaminated food were “costing us huge
$$$$$.”
• Parnell insisted that the outbreak did not
start at his plant, calling that a
misunderstanding by the media and public
health officials. “No salmonella has been
found anywhere else in our products, or in
our plants, or in any unopened containers
of our product.”
• Parnell complained to a worker after they
notified him that salmonella had been
found in more products. “I go thru this
about once a week,” he wrote in a June
2008 e-mail. “I will hold my breath ……….
again.”
33. Then a 76 Count Federal Indictment
• Stewart Parnell, the
former owner of Peanut
Corp. of America
• Michael Parnell, who is
Stewart Parnell’s brother
and a former supervisor
• Samuel Lightsey, a
onetime plant operator
• Mary Wilkerson, a
former quality-
assurance manager
• Daniel Kilgore, plant
manager
• Allegations Include:
• Mail Fraud
• Wire Fraud
• Introduction of
Adulterated and
Misbranded Food into
Interstate Commerce
with Intent to Defraud
or Mislead
• Conspiracy
34. Planning AGAINST Litigation –
What Is Really Important
• Identify Hazards
– HACCP
– Do you have
qualified and committed
people?
• What is the Culture?
• Involve Vendors
and Suppliers
– Do they really
have a plan?
– Ever visit them?
36. Lessons Learned From Litigation
You can insure the brand’s and the company’s
reputation
1. Arm yourself with good, current information
2. Since you have a choice between doing
nothing or being proactive, be proactive
3. Make food safety part of everything you, your
suppliers and customers do