Cargill, Inc. has reportedly responded to a $100 million lawsuit by admitting that a beef patty it manufactured contained E. coli and caused plaintiff Stephanie Smith’s debilitating injuries. While not contesting strict liability, the company is denying that it was negligent. Its suppliers apparently certified that the product had been tested for E. coli and that all the tests were negative. The company also reportedly included in its response that its products are inspected by the U.S. Department of Agriculture and that federal law requires meat products to be labeled with warnings that meat may contain bacteria that will cause illness if not properly cooked. Smith, who is confined to a wheelchair and was profiled in a New York Times article, is represented by food lawyer William Marler. He was quoted as saying, “Never in my 23 years have I seen a food company admit liability out of the box…
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The U.S. Department of Agriculture’s Food Safety Inspection Service (FSIS) will hold a second meeting to discuss current product tracing systems for food intended for humans and animals. The March 10, 2010, meeting in Washington, D.C., specifically welcomes input on procedures for suppliers of source material used to produce raw ground beef products that test positive for E. coli. Issue 326 of this Update announced a similar meeting by FSIS and the Food and Drug Administration held in December 2009 that was designed to stimulate ideas on improving the agencies’ ability to “increase the speed and accuracy of the traceback investigations and traceforward operations.” See USDA website, February 22, 2010.
According to a news source, U.S. Department of Agriculture (USDA) inspectors, who test the meat and trimmings used in ground beef, deal with about 60 positive E. coli tests annually by taking steps to ensure that the tested meat does not reach consumers, but they apparently fail to conduct a full inspection to try to pinpoint the source of contamination or locate additional meat that may be contaminated. Food safety and consumer advocates, such as Food & Water Watch, have reportedly called on the USDA to adopt a policy change that would require deeper investigations when positive results turn up in routine investigations. They contend that this could indicate a breakdown in the food safety system and consumers are at risk because other tainted meat could remain in the food chain. A spokesperson for the USDA’s Food Safety and Inspection Service (FSIS) was quoted as saying, “The risk profile of these…
According to a news source, some 120 of those purportedly sickened by Salmonella-contaminated peanut butter and their attorneys should soon begin receiving a share of a $12 million Hartford Insurance Co. policy held by the Peanut Corp. of America. Those sharing the settlement filed claims by October 31, 2009, as part of the company’s bankruptcy proceeding. The outbreak reportedly took the lives of nine people and sickened 700 who apparently ate peanuts and peanut paste traced to a company plant in Blakely, Georgia. See The Columbus Dispatch, February 2, 2010.
In this article, Slate contributor James McWilliams questions “the conventional wisdom among culinary tastemakers” that pasture-raised cattle does not harbor E. coli O157:H7 at the same levels as conventional livestock. “In fact,” he writes, “exploring the connection between grass-fed beef and these dangerous bacteria offers a disturbing lesson in how culinary wisdom becomes foodie dogma and how foodie dogma can turn into a recipe for disaster.” McWilliams traces the misconception to a 2006 New York Times op-ed piece by food activist Nina Planck, who claimed that E. coli was “not found in the intestinal tracts of cattle raised on their natural diets of grass, hay, and other fibrous forage.” According to McWilliams, Planck drew her conclusions from a 1998 report published in Science that found more acid-resistant E. coli in grain-fed cattle, but failed to specifically test for the O157:H7 strain. Further studies have apparently shown that grass-fed cattle “do…
The New York Times recently published an investigative report that questions the safety of beef processed with ammonia to kill E. coli and Salmonella. According to the article, the U.S. Department of Agriculture (USDA) has exempted one company, Beef Products Inc. (BPI), from routine testing requirements since 2007 because the processor apparently claimed that its ammonia treatment destroyed pathogens “to an undetectable level.” A supplier for fast-food chains and the school lunch program, BPI also purportedly indicated that its ammoniated trimmings, when mixed with untreated meat, would sterilize ground beef. “Given the technology, we firmly believe that the two pathogens of major concern—E. coli O157:H7 and salmonella—are on the verge of elimination,” BPI founder Eldon Roth allegedly told USDA in 2001. “But government and industry records obtained by The New York Times show that in testing for the school lunch program, E. coli and salmonella pathogens have been found dozens…
Representative Rosa DeLauro (D-Conn.) has responded to the recent recall of 248,000 pounds of blade-tenderized steaks by urging the U.S. Department of Agriculture (USDA) “to require labeling that clearly identifies mechanically tenderized beef and pork products for all processing facilities, retailers and consumers.” USDA’s Food Safety and Inspection Service (FSIS) issued the Class I recall after concluding that beef products originating from an Owasso, Oklahoma, establishment might be contaminated with E. coli O157:H7. Working with the Centers for Disease Control and Prevention, FSIS apparently determined “that there is an association between non-intact steaks (blade tenderized prior to further processing) and illnesses in Colorado, Iowa, Kansas, Michigan, South Dakota and Washington.” See FSIS Recall Notice, December 24, 2009. According to DeLauro, however, “USDA has been aware of the E. coli risks associated with mechanically tenderized steaks as early as 1999, but has refused to act.” She has also chided the Obama…
Plaintiffs’ lawyer William Marler has reportedly filed suit against Cargill on behalf of the guardian of a woman allegedly paralyzed by consuming hamburger contaminated with E. coli. Stephanie Smith was profiled in a recent New York Times article; she is a former dance instructor who reportedly became ill in 2007, began having seizures and was comatose for three months. According to Marler, she has spent two years in rehabilitation at a cost of some $2 million and remains in a wheelchair. He contends that his client has attempted mediation with the company but has been unable to reach a fair agreement. A Cargill spokesperson was quoted as saying, “Cargill deeply regrets Ms. Smith’s continuing suffering due to her illness. Each time Ms. Smith’s family has asked for financial assistance to cover out-of-pocket and rehabilitation costs, Cargill has advanced funds to help her and her family. We will continue to provide…
ConAgra Foods, Inc. has asked a multidistrict litigation (MDL) court to sever and transfer the claims of 68 plaintiffs from 14 different states in an action (Bowman v. ConAgra Foods, Inc.) recently filed against the company arising out of the purported Salmonella contamination of its peanut butter. In re: ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845 (N.D. Ga., motion filed November 24, 2009). The motion is similar to one filed earlier in November. Additional details about that motion appear in issue 327 of this Update. While ConAgra does not object to the court retaining jurisdiction over the Bowman claims for purposes of pre-trial proceedings, it asks that the plaintiffs’ claims be severed and transferred for trial because they were improperly joined and “because trial of these claims as a single action is likely to result in undue prejudice to the litigants and confusion to the jury,” which would have to apply…
U.S. Senator Dianne Feinstein (D-Calif.) has introduced legislation (S.B. 2819) “to require that food producers take responsibility for keeping food free from harmful pathogens,” according to a November 30, 2009, press release. The Processed Food Safety Act would amend the Poultry Products Inspection Act, Federal Meat Inspection Act and Federal Food, Drug and Cosmetic Act to “prohibit the sale of any processed poultry, meat and FDA-regulated food that has not either undergone a pathogen reduction treatment, or been certified to contain no verifiable traces of pathogens.” The Act also includes provisions to (i) require that “labels on ground beef, or any other ground meat product, specifically name every cut of meat that is contained in the product,” and (ii) close loopholes “in current laws that allow for producers to add coloring, synthetic flavorings and spices to their products without informing the consumer.” In announcing the bill, Feinstein highlighted a recent…
