The World Health Organization (WHO) this week raised its influenza alert to the second-highest level as an outbreak of H1N1 virus–also known as swine flu–continues to surface across the globe. First identified in Mexico, H1N1 has spread to the United States and several other countries, including Canada, Germany, Israel, New Zealand, Spain, and the United Kingdom. The U.S. Centers for Disease Control and Prevention (CDC) have thus far confirmed 109 cases in 11 states, while Mexican officials have reported at least 2,500 suspected illnesses and 170 deaths. “All countries should immediately activate their pandemic preparedness plans,” stated WHO Director-General Margaret Chan. “At this stage, effective and essential measures include heightened surveillance, early detection and treatment of cases, and infection control in all health facilities.” See GMA Press Release and FoodNavigator-USA. com, April 27, 2009; WHO Press Release, MSNBC.com and The London Times, April 29, 2009; The New York Times, May 1, 2009.

Meanwhile, the U.S. Department of Agriculture (USDA) has reportedly assured consumers that “you cannot get swine flu from eating pork or pork products,” according to USDA Secretary Tom Vilsack. The pork industry has objected to the characterization of H1N1 as “swine flu,” fearing that the misnomer will further dampen sales and exports during the economic recession. China, Ecuador, Japan, Kazakhstan, the Philippines, Russia, South Korea, and Ukraine have already restricted pork imports, while Egypt’s decision to cull its pig population has prompted riots among farmers who insist that the government compensate them for their losses. Vilsack, however, has stressed that “There is no evidence at this time showing that swine have been infected with the virus,” which USDA has described as “a mixture of genetic material from swine, avian and human influenza viruses.” See Meatingplace. com and The Wall Street Journal, April 27, 2009; The Associated Press, April 28, 2009; Advertising Age, The New York Times and The London Times, April 29, 2009.

In a related development, a Mexican media outlet has purportedly linked the outbreak to a large pig operation near the suspected epicenter in La Gloria, Veracruz. La Marcha apparently cited the claims of La Gloria residents who initially opposed the farm and have blamed H1N1 on its waste lagoons. Several consumer advocacy blogs, including U.S. Food Policy and Food & Water Watch, have also alluded to these allegations in calling for an end to concentrated animal feeding operations (CAFOs). Mexico’s chief epidemiologist, Miguel Ángel Lezana, has since portrayed these theories as “highly improbable,” noting that the hogs in question are from North America but the viral swine genes hail from Europe and Asia. See The Grist, April 25, 2009; The Wall Street Journal, April 27 and 30, 2009; U.S. Food Policy Blog, April 26 and 28, 2009; Reuters, April 30, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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