The Center for Food Safety and Center for Environmental Health have filed a lawsuit seeking to compel the U.S. Food and Drug Administration (FDA) to promulgate rules for a program to improve foodborne-illness detection as required under the Food Safety Modernization Act (FSMA). Ctr. for Food Safety v. Azar, No. 19-5168 (N.D. Cal., filed August 19, 2019). The organizations allege that FDA failed to create a laboratory accreditation program "whereby an increased number of accredited laboratories following model standards developed by the agency would be in place 'to rapidly detect and respond to foodborne illness outbreaks and other food-related hazards.'" "FDA’s failure to implement FSMA’s laboratory accreditation provisions by their statutory deadlines is an abdication of the agency’s fundamental responsibilities," the complaint asserts. "Moreover, the agency’s unlawful withholding and unreasonable delay is putting millions of lives at continued risk from contracting foodborne illnesses, contrary to Congress’s commands. This lawsuit therefore…
Tag Archives foodborne illness
Multiple consumers have reportedly filed lawsuits against Chipotle Mexican Grill following the distribution of allegedly contaminated food that purportedly resulted in more than 700 customers becoming ill. The cause of the illnesses is unknown, as E. coli, Salmonella, norovirus and shigella tests reportedly returned negative results. One plaintiff seeks $25,000 in damages for his medical treatment.
The New York City Department of Health and Mental Hygiene (DOHMH) has reportedly partnered with the restaurant review website Yelp to help health officials discover foodborne illness outbreaks and the restaurants allegedly responsible for them. While investigating an outbreak of gastrointestinal disease associated with a particular restaurant, DOHMH officials had apparently noted that patrons had reported illnesses on Yelp that had not been reported to DOHMH. To explore the potential of using Yelp to identify unreported outbreaks, DOHMH then collaborated with Columbia University and Yelp on a pilot project to identify restaurant reviews on Yelp that referred to foodborne illness. Researchers analyzed approximately 294,000 Yelp restaurant reviews from July 2012 to March 2013, using a software program developed specifically for the project. According to the Centers for Disease Control and Prevention, which published a report detailing the project, the program identified 893 reviews that required further evaluation by a foodborne…
Eric and Ryan Jensen, who own the Colorado cantaloupe farm linked to a deadly 2011 Listeria outbreak have reportedly indicated to a federal court that they intend to plead guilty to the criminal misdemeanor charges brought against them. Additional information about the charges appears in Issue 498 of this Update. The six misdemeanor charges of adulteration of a food and aiding and abetting carry potential jail terms of one year and a fine per charge of $250,000. The Food and Drug Administration and Centers for Disease Control and Prevention reportedly found that the brothers failed to adequately clean their cantaloupes after changing their produce-cleaning system and that their actions were responsible for the deaths of 33 consumers. See NBCNews.com, October 16, 2013.
The Pew Charitable Trusts’ Produce Safety Project (PSP) recently published a cost analysis claiming that health-related expenditures for foodborne illness far exceed the U.S. Department of Agriculture’s estimate of $6.9 billion annually. Authored by former Food and Drug Administration (FDA) economist Robert Scharff, the report concludes that the United States spends $152 billion per year on foodborne illnesses from all sources. The study also notes that these numbers cover health-related costs only and thus represent “a lower bound estimate of the total societal costs,” including costs to industry and government. “Even when pain and suffering losses from acute illnesses are not included, the cost to society is $103 billion,” maintains the report, which used FDA methods to determine the costs of physician services, pharmaceuticals, and hospital visits related to foodborne illnesses, as well as quality of life losses such as lost life expectancy, pain and suffering, and functional disability. Intended…
