A recent episode of CSI: Miami has reportedly drawn criticism from the National Cattlemen’s Beef Association and other trade groups for the show’s portrayal of a foodborne illness investigation. Titled “Bad Seed,” the October 20, 2009, installment of the popular CBS drama focused on a fictional outbreak that eventually led the crime scene investigators to discover, not only the origin of a deadly new E. coli strain, but a feedlot using genetically modified (GM) corn. According to the Agricultural Law blog, the plot also covered a wide range of legal issues such as Veggie Libel laws, organic standards, pollen drift and genetic contamination, farmer liability for unauthorized GM crops, undocumented farm workers, farm consolidation, and crop contamination via irrigation water. Plaintiffs’ attorney Bill Marler reportedly provided CBS producers background information for the episode. See Agricultural Law, October 20, 2009 Both the National Cattlemen’s Beef Association (NCBA) and the National Corn Growers Association (NCGA)…
Tag Archives E. coli
Plaintiffs who brought personal and economic injury claims against Topps Meat Co. for an E. coli outbreak that led to the recall of more than 20 million pounds of ground beef in 2007 have filed a motion for class certification. Patton v. Topps Meat Co., No. 07-654 (W.D.N.Y., motion filed October 15, 2009). While the proposed classes, a “consumer class” of persons who purchased ground beef subject to the recall and allege economic losses and an “injury class” of persons who consumed the ground beef and allege personal injury, are national in scope, the plaintiffs contend that New York law will apply to the case. According to the named plaintiffs, each of whom was allegedly sickened by consuming contaminated meat, federal investigators confirmed 40 E. coli cases linked to the outbreak strain and estimate that for every reported case, 20 cases go unreported. Thus, they suggest that the number of injury…
One hundred three years after Upton Sinclair published his meatpacking industry exposé, The New York Times has published an article explaining how current food safety standards may be responsible for the 16 E. coli-tainted beef outbreaks that have occurred over the past three years. Revealing how failure to test all the scraps and trimmings and “mash-like product” in hamburger patties in 2007 purportedly led to a 22-year-old dance instructor’s illness and subsequent paralysis, the article “shows why eating ground beef is still a gamble.” Apparently, no federal rules require grinders to test their ingredients for the pathogen, and processors sample assembled products rather than individual shipments from slaughterhouses, making it difficult to trace the source of contamination. Parts of the article were reportedly read on the floor of House, and its revelations prompted a response from the U.S. Department of Agriculture and the company that made the beef patties the…
A California trial court has determined that the insurer of the nation’s largest seller of bagged fresh spinach must pay for its losses from the 2006 nationwide E. coli outbreak that led to a Food and Drug Administration (FDA) advisory against eating any fresh spinach. Fresh Express, Inc. v. Beazley Syndicate 2623/623 at Lloyd’s, No. M88545 (Cal. Super. Ct., Monterey Cty., decided August 18, 2009). The outbreak was ultimately traced to a different producer, and the insurer denied coverage. Following a bench trial, the court determined that (i) the produce company introduced sufficient evidence to establish that it committed “errors” within the policy’s meaning by failing, before purchasing spinach, to conduct a food safety audit of the field where it was grown to verify that the growers had complied with good agricultural practices; (ii) this verification of good practices compliance “was an integral and inseparable part of its safe manufacturing practices”;…
According to news sources, Food and Drug Administration (FDA) inspectors have found E. coli in a package of cookie dough at Nestlé USA’s plant in Danville, Virginia. The strain did not, however, match the DNA fingerprint of the strain purportedly linked to the illnesses of some 72 people in 30 states. FDA’s David Acheson, assistant commissioner for food safety, commenting on the continuing mystery as to how the E. coli contaminated the cookie dough, was quoted as saying, “This will be one of those situations where we won’t definitely know what went wrong.” The agency’s findings could affect the product liability lawsuits already pending in several states. Investigators reportedly performed more than 1,000 tests on environmental and other samples from the plant, but found no evidence of the potentially deadly bacteria inside the facility or on any equipment. The company has apparently begun a “controlled production startup” after discarding all stockpiled…
Food litigation lawyer William Marler has apparently filed the first lawsuit against Nestlé USA for injury allegedly caused by E. coli-contaminated cookie dough. The outbreak, which has reportedly infected more than 70 people in 30 states since March 2009, has been linked through food surveys to the consumption of raw refrigerated cookie dough, which has been recalled. According to news sources, a Nestlé facility in Danville, Virginia, has been closed and is being inspected by federal microbiologists and food safety investigators. Samples from batches of the purportedly implicated dough have been tested, and no contamination has apparently been found to date. E. coli is not typically associated with eggs, which are the only ingredient in the cookie dough that could potentially cause foodborne illness if contaminated with Salmonella and consumed raw. Health officials and food producers are reportedly puzzled over how E. coli, which lives in cattle intestines, could have ended…
A New Jersey Superior Court judge has denied insurers’ request for summary judgment in a case brought by Taco Bell Restaurant franchisees seeking “protection from the consequences of publicity about contaminated food served at restaurants.” In re: Quick Service Mgmt., Inc. v. Underwriters of Lloyds, No. 4861-07 (N.J. Super. Ct., decided June 12, 2009). The court also granted plaintiffs’ motion for partial summary judgment as to coverage. According to the court, the franchisees specifically sought insurance in 1999 to protect against revenue losses from food contamination outbreaks. They purchased “Food Borne Illness” and “Trade Name Restoration, Loss of Business Income and Incident Response Insurance for Food Borne Illness” policies from defendants. The latter policy, which was in force in 2006-2007, apparently contained an “Aggregate Supplier Incident Sublimit” of $0, and plaintiffs claimed that no one explained that the sublimit would exclude coverage previously provided under the former policy, which had been…
A new documentary titled Food, Inc. apparently paints a vivid picture of the foods Americans eat–from bigger-breasted chickens fattened artificially to new strains of deadly E. coli bacteria, to a food supply controlled by a handful of corporations. The filmmakers claim these purported dangers create harmful effects on public health, the environment, and worker and animal rights. Robert Kenner, the movie’s director, reportedly called it a “horror film,” and told ABC’s “Good Morning America” on June 9, 2009, “If you visit feed lots, as I have, you lose your appetite for certain kinds of food. Some people are in denial. But, increasingly, people are curious to know the story about their food.” Food industry trade associations, however, have countered the movie’s claims by creating a number of websites, including one led by the American Meat Institute called SafeFoodInc.com., and a campaign that promotes the U.S. food industry as safe, abundant…
The Food and Drug Administration (FDA) has issued a final rule that requires bottled water manufacturers to face stricter standards to prevent E. coli contamination . All manufacturers are currently required to test source water for germs each week, but starting December 1, 2009, if tests prove positive for E. coli, companies must explain in writing how they eliminated the bacteria and retest samples before use. FDA states that “bottled water containing E. coli will be considered adulterated and source water containing E. coli will not be considered to be of a safe, sanitary quality and will be prohibited from use in the production of bottled water.” E. coli infection indicates fecal contamination that can apparently cause stomach cramps, diarrhea or possible fatal infections. Although bottled water is currently tested for coliforms–a group of mostly harmless bacteria–and fecal contamination, the new rules require the water source itself to be tested.…
Nebraska Beef, Ltd. has filed a lawsuit in federal court seeking a declaration that it was not responsible for the E. coli contamination that led to the recall of nearly 7 million pounds of beef in 2008. Nebraska Beef, Ltd. v. Meyer Foods Holdings, L.L.C., No. 09-43 (D. Neb., filed January 30, 2009). According to the complaint, the defendant provided the meat subject to the recall to Nebraska Beef for processing and shipping. When contaminants were found, the defendant informed Nebraska Beef that legal claims were being made against it and demanded indemnification from Nebraska Beef. Stating that it “expressly denies the Contamination originated at its processing plant; that it was negligent in its processing or handling of any cattle or product; or that it breached any of the terms of its agreement(s) with Meyer Natural Foods,” Nebraska Beef, which has also been sued over the incident, requests a judicial declaration as…
