Kroger Stores, Including Fry's, Smith's And Food 4 Less All Come Forward In JBS Beef Recall

Posted by E. coli Lawyer on June 30, 2009

Looks like JBS Swift USA has one customer coming forward on its own.

The Kroger Co. and its Fry’s, Smith’s, and Food 4 Less stores are all asking customers to check their freezers and return any beef with April 27-June 1 sell-by dates.  The Smith's website has a good summary.

Kroger said it was “recalling select store-brand and store-packaged ground beef products because the beef was supplied by JBS Swift Beef Co. and may be contaminated with E. coli O157:H7.”

Kroger stores in the Greater Cincinnati area, including Dayton, northern Kentucky and southeastern Indiana; Greater Memphis, Tenn.; Arkansas, Mississippi; Indiana (except southwestern Indiana and Evansville); Illinois; and eastern Missouri sold the bad beef.

Smith’s stores, which are located in western states, are also involved in the recall. As are Food 4 Less stores in Illinois and Indiana and Fry’s Stores in Arizona.

Kroger, with $76 billion in sales last year, is the only retail chain to acknowledge its involvement in the JBS recall of beef linked by the Centers on Disease Control and Inspection (CDC) to a multi-state outbreak of E. coli O157:H7.

The Cincinnati-based Kroger has 2,475 stores in 31 states doing business under a bunch of names.

Still nothing from FSIS to indicate whether JBS sold meat to others besides the Kroger chain.

JBS Blames Its Wholesale Customers; Public Still Has No List of Retailers From FSIS

Posted by E. coli Lawyer on June 30, 2009

E. coli O157:H7 originates in the intestines of cattle. Cattle, as many as 6,000 a day, are killed, processed and packed at the Greeley Beef Plant owned by JBS Swift USA.

Yet JBS says the beef products it has recalled were contaminated outside their Colorado slaughtering plant because it was their customers that through trimming and grinding turned whole muscle cuts into ground beef.

“The ground beef that might have been associated with illness was produced by other companies, who often do not use the antimicrobial intervention steps we employ in our facility to reduce the risk of the beef products, JBS spokesman Chandler Keys told the Grand Island Independent.

“Nevertheless, we have agreed to expand our recall of whole muscle cuts out of an abundance of caution for consumers,” Keys said.

JBS upped its original June 24th beef recall to at least 380,000 pounds on June 28th after the Centers for Disease Control (CDC) linked meat produced by the Greeley Beef Plant to a multi-state outbreak of E. coli O157:H7.

The attempt to shift blame to its wholesale customers who took possession of the meat produced by the JBS facility on April 21st is unusual to say the least. JBS is the third largest beef producer in the United States, and is owned by the world’s largest beef producer, Brazilian-based JBS SA.

Keys says its wholesale customers are being contacted by phone and mail. He says the company is “working closely with the USDA to ensure that product is removed from the marketplace and the recall is completed successfully.”

Chances are what’s left of this tainted meat is not in the marketplace,” but in somebody’s freezer.   Unless and until it’s connected with a retail source, most people are clueless as to whether they bought the bad meat.

There’s a PDF file of the products JBS produced on April 21st that are included in the retail, but that does not help anyone much. Keys offers the fairly useless suggestion people go have a chat with the butcher at their local retail store.  Lot's of luck with that one.

The solution to the problem is public release of the list of the meat-receiving retailers, something the Bush Administration began during last year’s E. coli season.   Under the new Obama Administration, however, that new policy has seen spotty enforcement.

Almost a week after the JBS beef recall began, there has been no list of retailers issued by either USDA’s Food Safety & Inspection Service, nor JBS.  Nothing, nada, zip.

JBS Brings Investments To Greeley And Some E. coli To Beef Eaters

Posted by E. coli Lawyer on June 29, 2009

The world’s largest beef producer is now responsible for the year’s largest E. coli O157:H7 beef-related outbreak to date in America.   The entry of JBS into a dominant position in the U.S. beef industry has been both recent and quick.

Dick and Charlie Monfort, who today together lead the group that owns the Colorado Rockies baseball team, would still probably have no trouble finding their way around the meat packing plant they once owned in Greeley, CO, 60 miles north of Denver.

They might have a harder time finding the gleaming headquarters building for JBS Swift USA, which today owns that Greeley packing plant and 15 others in the United States. JBS is located in “The Promontory” as far away to the West as you can get from the meat processing facility the Monfort family sold to ConAgra in 1987 for $300 million and still be in Greeley.

What Monfort Inc. sold became ConAgra Red Meats. It was next sold to an investor group and became part of Swift & Company. Two years ago, all Swift & Company operations in the U.S. were swept up for $1.4 billion cash by JBS SA, which is today the world’s largest beef producer.

How big? JBS has the capacity to kill, process, and pack 80,000 head of cattle per day. JBS operations include 22 in Brazil, 6 in Argentina, 10 in Australia, 10 in Italy, and the 16 in the US.

From his new offices, with striking views of Colorado’s Front Range, Wesley Batista, President and CEO of JBS Swift USA, can probably get to his estate-size home in Fort Collins, CO faster than he can drive through Greeley’s clogged street traffic to the meat plant on the east side of town.

But it was in that Greeley plant that on one day in April produced the bad beef now being recalled after they were linked to the current multi-state out break of E. coli O157:H7 that the Centers for Disease Control & Prevention (CDC) says has made at least 18 people sick.

The Greeley beef plant has struggled with more than the turnover in ownerships since the Monforts left it to others.   Even when Dick remained as a Con Agra executive, the Greeley plant suffered through a massive 19 million pound recall in 2002.

 The darkest moment for the company and surrounding community came in December 2006 when federal agents raided six Swift operations in the U.S., including the Greeley plant and arrested a total of about 1,200 employees for alleged immigration violations.

Critics charged the raid was politically motivated to send a message to other employers and rounded up citizens and non-citizens alike so long as they did not speak perfect English and were not light-skinned.

That description also fits Mr. Batista, the Brazilian son of the 75-year old founder of JBS. He was took on the job of being CEO for JBS Swift USA because of his hand-on management style and experience in running beef processing plants. When he arrived in Greeley two years ago, he planned to work on his English before taking on a more public posture.

He is still working on his English, but has responded to demands to speak to cattlemen and community leaders where JBS Swift plants are located.    Cattlemen are said to be less suspicious after hearing him and community leaders are downright giddy.

In addition to the new headquarters, Greeley has benefited from JBS adding a 250-truck transportation unit, expanding operations, adding shifts, and employing 1,500 more people. With two shifts going, the Greeley beef plant can process 6,000 cattle per day.

JBS Swift might have been the largest beef producer in the U.S., but the Bush Justice Department in October 2008 filed a challenge to its $560 million purchase of Kansas City-based Natural Beef. Cattlemen worried about “unbridled concentration.”

JBS pulled out of sale, leaving it No. 3 in the U.S. behind Tyson’s and Cargill.   It did last year buy the Smithfield Beef Group, including the Five Rivers Cattle feed lot operation. 

Now called “JBS Five Rivers,” it has ten feed yards with a one time capacity to fatten 820,000 head of cattle in four different states adjacent to the existing JBS slaughter facilities. Almost 2 million head of cattle were fattened in these feed yards in the last twelve months.

The Colorado Livestock Association heard from Batista last Friday. The beef recall had been announced a couple of days earlier, but had not yet been expanded to 380,000 pounds and connected to the multi-state E. coli O157:H7 outbreak by CDC.

If Batista mentioned the recall to the cattlemen, the Greeley Tribune reporter must not have thought it was important. What was important was talk about investment in cattle.

“Without cattle, we don't have an industry. We invested $3 billion here and we have only one raw product and that is cattle,” Batista said. “We are very optimistic and we are starting to see growth all over the world. There is some great opportunity out there and we all need to work towards that.” 

FDA CONFIRMS E. COLI O157:H7 IN PREPACKAGED NESTLÉ TOLL HOUSE REFRIGERATED COOKIE DOUGH

Posted by E. coli Lawyer on June 29, 2009

 This just came in from your federal government:

Today, the U.S. Food and Drug Administration announced that it has found E. coli O157:H7 (a bacterium that can cause serious food borne illness) in a sample of prepackaged Nestlé Toll House refrigerated cookie dough currently under recall by the manufacturer and marketer, Nestlé USA. The contaminated sample was collected at Nestlé’s facility in Danville, VA on June 25, 2009.

On June 19, the FDA and the U.S. Centers for Disease Control and Prevention warned consumers not to eat any varieties of prepackaged Nestlé Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7. The warning was based on an epidemiological study conducted by the CDC and several state and local health departments. As of Thursday, June 25, the CDC reports that 69 persons from 29 states have been infected with the outbreak strain. Thirty-four persons have been hospitalized, nine with a severe complication called hemolytic uremic syndrome. No one has died.

Nestlé USA has fully cooperated with the FDA and CDC investigation and has recalled all of its prepackaged Nestlé Toll House refrigerated cookie dough products.

 

JBS Swift Expands E. coli O157:H7 Recall of Beef Primals to Over 210 Tons Due to Link to 18 to 24 Illnesses

Posted by E. coli Attorney on June 28, 2009

Recall Release CLASS I RECALL
FSIS-RC-034-2009 HEALTH RISK: HIGH

This recall release is being reissued to expand the June 24 recall to include approximately 380,000 pounds of assorted beef primal products.

JBS Swift Beef Company, a Greeley, Colo., establishment is voluntarily expanding its June 24 recall to include approximately 380,000 pounds of assorted beef primal products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

Together with traceback information and laboratory data, the recall is being expanded as a result of FSIS' cooperation with the Centers for Disease Control and Prevention (CDC) in an ongoing investigation into 24 illnesses in multiple states, of which at least 18 appear to be associated. This investigation prompted the company to re-examine the effectiveness of their food safety system for the April 21 production of beef primals, and they are conducting this recall out of an abundance of caution as the safety of the products produced on a portion of that day could not be assured.

The beef products were produced on April 21, 2009 and were distributed both nationally and internationally. A list of the products subject to the expanded recall attached – 104 Pages.

Each box bears the establishment number "EST. 969" inside the USDA mark of inspection as well as the identifying package date of "042109" and a time stamp ranging from "0618" to "1130." However, these products were sent to establishments and retail stores nationwide for further processing and will likely not bear the establishment number "EST. 969" on products available for direct consumer purchase. Customers with concerns should contact their point of purchase.

The recalled products include intact cuts of beef, such as primals, sub-primals, or boxed beef typically used for steaks and roasts rather than ground beef. FSIS is aware that some of these products may have been further processed into ground products by other companies. The highest risk products for consumers are raw ground product, trim or other non-intact product made from the products subject to the recall.

Is FSIS Going To Let JBS Hide Its List of Processors and Stores From Public?

Posted by E. coli Lawyer on June 27, 2009

At least when Nestles USA announced that it was recalling all its Toll House cookie products, the public knew which retailers were involved. Every retail grocery in the country provides generous space for Nestle products.

Nestle is currently at the center of the largest E. coli recall and largest E. coli outbreak in the country, and one-by-one the victims and their families are filing lawsuits against the cookie giant.

The deadly E. coli O157:H7 with a particular DNA fingerprint has linked 69 people in 29 states with the apparent cookie dough contamination.

Getting far less public attention than the Nestle’s E. coli O157:H7 cookie dough recall are seven beef recalls announced by the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA).  

When a meat processor recalls its beef, the information is not much use to consumers unless they are told which retailers and restaurants are selling the product.   Time and time again, food safety advocates have found “recalled” items still on the shelves long after retailers were told to remove them.

A year ago, FSIS announced it would at least identify which retailers are involved in a recall within a three to ten day period. That new policy appears to be getting hit and miss attention this year by FSIS.

Andrew Shain at The State newspaper in South Carolina unsuccessfully attempted to get a list of retailers in that state who carry meat from JBS Swift Beef Company’s massive Greeley, CO processing plant, which has a recall out on 41,280 pounds of beef.

A JBS official told The State processors and stores did not want their names released and would “contact the public as they see fit.”

The JBS recall due to contamination by E. coli O157:H7 is the seventh to occur since May 4th.   It was announced on June 24th, and no list of retailers has yet been made available by FSIS.

It came just two days after Chicago’s International Meat Company on June 22nd recalled 6,152 pounds of ground beef products believed to be contaminated with E. coli 0157:H7.   That meat went to other distributors and restaurants in the Chicago area, so FSIS says there will be no list of retailers. (Restaurants must  not be retailers, according to FSIS).

The 75 pounds of fresh beef trim products recalled on June 8th by Snow Creek Meat Processing in Seneca, SC all went to the Amazing Savings Stores in Asheville and Black Mountain, NC.   The retailers were identified on the same day by FSIS.

It took two days after the June 2nd recall by Portland, OR-based SP Provisions of almost 40,000 pounds of E. coli-tainted ground products for FSIS to finger Riley’s Market in Bend, OR as the only retailer involved.

On May 21st, Coal Valley, IL-based Valley Meats LLC recalled 95,898 pounds of ground beef found contaminated with E. coli O157:H7 after an outbreak was discovered by the Ohio Health Department.   Its by far the biggest recall of 2009, but FSIS claims no retailers are involved.   It seems all the meat went to what FSIS said were “various consignees nationwide.”

The May 12th recall by Bob’s Food City in Hot Springs, AK of 375 pounds of ground beef products thought to be contaminated with E. coli O157:H7 involved only that retail outlet and FSIS said so on the same day.

May 4th was the date of the first E. coli recall of both 2009 and the new Obama Administration.    FSIS said none of the 4,663 pounds of ground beef products contaminated with E. coli O157:H7 went to retailers, only western New York restaurants.  Alex & George Wholesale, Inc. of Rochester, NY issued the recall.

Seven beef recalls due to O157:H7 contamination so far in 2009 are for a total of 188,341 pounds.   All seven are “Class 1, High Risk” recalls.   At least one led to the outbreak in Ohio.   And, the E coli beef season is just getting started. 

Brazil's JBS Swift Beef Company Issues Recall For E. coli-tainted Beef In 13 States

Posted by E. coli Lawyer on June 24, 2009

Beef products produced in Colorado by the Brazilian-owned JBS Swift Beef Company on April 21 and 22, 2009, and then shipped to distributors and retail establishments in Arizona, California, Colorado, Florida, Illinois, Michigan, Minnesota, Nebraska, Oregon, South Carolina, Tennessee, Utah and Wisconsin are now being recalled.

The problem --possible contamination by E. coli 0157:H7-- was discovered through federal microbiological sampling and an "investigation into the distribution of other products."

Frankly, we are not sure what that part about an investigation means. It could mean people are already sick.

All totaled, the Greeley, CO-based JBS Swift Beef Company issued a recall for 41,280 pounds of beef, according to the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. 

It is the seventh recall of beef contaminated by E. coli 0157:H7 this year.  Continue reading for the complete list of beef products subject to the recall.

Continue Reading...

Second Lawsuit Filed, This One In Colorado, As E. Coli Cookie Outbreak Spreads Across Country

Posted by E. coli Lawyer on June 23, 2009

 We borrow this from the Marler Blog, where it was filed earlier today:

An E. coli lawsuit was filed today on behalf of a Denver-area child who became gravely ill with E. coli O157:H7 after eating refrigerated Nestle Toll House cookie dough.  The lawsuit was filed on behalf of the family of Madison Sedbrook by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Kara Knowles of the Denver firm Montgomery, Little, Soran, & Murray.

Six-year-old Madison ate Nestle Toll House refrigerated cookie dough several times in mid-April, 2009.  She began to experience flu-like symptoms including fatigue, fever, nausea, and vomiting.  Not knowing the source of her illness, she continued to eat Nestle cookie dough, and by the first week of May, she had abdominal cramps, fever, and bloody diarrhea.  Over the next several weeks, the family sought medical care several times for Madison’s illness, which deepened in severity.  She was admitted to the hospital and then released before being rushed back and admitted to pediatric intensive care.  It was determined that Madison had hemolytic uremic syndrome, or HUS, a complication of her E. coli infection, which was not diagnosed until her second hospital stay.  The genetic fingerprint of the E. coli O157:H7 found in her stool matches that of the nationwide outbreak tied to cookie dough.

“This child – and this family – have been through a terrible ordeal, not the least of which is how many times they sought care before E. coli was detected,” said Marler, who spoke from the National Environmental Health Association (NEHA) convention..  “In order to detect and limit foodborne illness outbreaks, we have to make changes in our healthcare system; doctors and emergency health providers need to be encouraged to test for foodborne pathogens any time these symptoms – especially bloody diarrhea - are present.”   

On Monday, the CDC released updated information on the nationwide outbreak, which now encompasses 70 ill in 30 states.  Thirty people have been hospitalized, and 7 have developed HUS.  Almost seventy percent of the victims are female and under the age of 19.  Nestle USA has voluntarily recalled the product, and stopped production at the facility that made it and are cooperating with FDA and CDC to pinpoint the cause.

“State health departments did a great job of getting to the bottom of this outbreak, and getting the word out,” continued Marler.  “But more resources are needed to speed the process up.  Every day saved means dozens, maybe hundreds of families spared the Sedbrook family experience.”

ABOUT MARLER CLARK: William Marler has been a major force in food safety policy in the United States and abroad.  His food safety blog, Marler Blog, is read by over 1,000,000 people around the world every year.  He and his partners at Marler Clark have represented thousands of individuals in claims against food companies whose contaminated products have caused serious injury and death.  His advocacy for better food regulation has led to invitations to address local, national, and international gatherings on food safety, including recent testimony to US Congress Committee on Energy and Commerce.  In 1998, Mr. Marler formed the not for profit, Outbreak Inc.  He spends much of the year speaking on how to prevent foodborne illnesses.

Sixth Ground Beef Recall Announced By FSIS, So Far In This E. Coli Season

Posted by E. coli Lawyer on June 22, 2009

The sixth beef recall over possible E. coli 0157:H7 contamination this season occurred Monday when Chicago's International Meat Company Inc. called back a total of 6,152 of ground beef products.

The U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) scored the recall as a Class I event with high health risk.

The recalled ground beef products were produced on June 17, 2009, through June 19, 2009, and were shipped to distributors and restaurants in the Chicago metropolitan area.

The problem was discovered through FSIS microbiological sampling. FSIS has received no reports of illnesses associated with consumption of these products. Individuals concerned about an illness should contact a physician.

Here's the recall list:

 

  • boxes of "International Meat Co., PURVEYOR OF FINE MEATS TO HOTELS AND RESTAURANTS, BEEF PATTIES." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."
  • "5- and 10-pound bags of bulk "International Meat Co., BEEF PATTIE MIX." Each bag bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."
  • "10-pound bags of "International Meat Co., GROUND BEEF." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909."
  • "10-pound bags of "Packed For, Purely Gourmet & Organic, Ground Beef." Each box bears the establishment number "EST. 22080" inside the USDA mark of inspection and identifying package codes of "061709," "061809" or "061909. 

Marler Clark And O'Reilly Collins File First Lawsuit Against Nestle's In National E. coli 0157:H7 Outbreak

Posted by E. coli Attorney on June 22, 2009

A young woman who was hospitalized for seven days after eating raw cookie dough made by Nestle USA filed suit today against the company in California Superior Court, San Mateo County. The lawsuit was filed on behalf of 18-year-old Jillian Collins by her attorneys, William Marler of the Seattle-based foodborne illness law firm Marler Clark and Terry O’ Reilly of the San Mateo firm O'Reilly Collins.

San Mateo resident Jillian Collins ate Nestle Toll House refrigerated cookie dough in late May, 2009. On May 26, she fell ill with painful abdominal cramps and diarrhea that soon turned bloody. Her symptoms worsened to the point where she sought urgent care. She was later admitted to the hospital, where tests revealed that she was infected with E. coli O157:H7. The genetic fingerprint of her test matched that of the outbreak strain which has infected 65 people in 29 states to date.

“This outbreak is an example of how virulent E. coli bacteria can be, and how many people can be affected when it enters the national food supply,” said Marler, who was traveling between food safety speeches. “Nestle USA is a company with a good food safety record, and upon learning of the CDC investigation they worked very quickly to get a voluntary recall of the product started. But even that isn’t enough for those who were sickened in this outbreak. It points to how vigilant we need to be in our food safety regulation and oversight.”

The first announcement about the multi-state outbreak was made on Thursday, June 18 by the Colorado Department of Health and Environment (CDPHE), warning consumers about consuming the uncooked Nestle Toll House cookie dough product, and revealing that more than sixty were confirmed ill in 28 states. It wasn’t until late Friday, June 19 that the CDC released their outbreak information, which updated the totals to 65 ill in 29 states.

“Nestle has stopped production at the Virginia facility that produced the cookie dough,” continued Marler. “Everyone I talk to is stumped by how a bacteria normally associated with cattle feces made its way into the facility, and then into such a highly processed product. We may not solve that mystery; what we can do is work to prevent this type of event from happening again. The way to do that is better food safety surveillance – and that comes down to legislation and funding.”  

Nestle's Danville, VA Plant Gets Visits From Federal Food Safety Officials

Posted by E. coli Attorney on June 21, 2009

Federal food safety officials are on the ground at the Danville, VA plant (see picture on right)  that made the recalled Nestle's cookie dough, the Washington Post reported this morning.

The U.S. Food and Drug Administration is trying to solve the mystery of why and how a bacteria found in the gut of a cow found its way into raw cookie dough, causing a national E. coli 0157:H7 outbreak.  From the WP:

Health officials and food producers puzzled yesterday over how E. coli 0157, a bacterium that lives in the intestines of cattle, could have ended up in a product that seems so unlikely to contain it. "It's a fascinating outbreak," said Craig Hedberg, an expert on food-borne diseases at the University of Minnesota. "By just looking at package labeling, there is no reason you would expect an event like this to occur."

The outbreak, which has sickened at least 65 people in 29 states, is the latest worry for consumers in the Washington area and across the country unnerved by a wave of food-borne illnesses, including botulism associated with canned chili and infections from salmonella linked to peanut products. With cookie dough, like peanut butter, being a favorite of children, the latest outbreak is particularly alarming because the young and the elderly are more likely to develop severe complications if infected with E. coli 0157. More than two-thirds of the 65 victims are younger than 19, according to the federal Centers for Disease Control and Prevention. None has died.

The same article raises Nestle's warning not to eat raw cookie dough. But then reports:  William Marler, a prominent food safety lawyer in Seattle who is representing six of the E. coli 0157 victims, said Nestlé's warning label is not a defense. "It doesn't absolve them of liability," he said.

Read more in the Washington Post.

 

FDA Joins States In Warning Against Eating Nestle Toll House Cookie Products; CDC Issues Outbreak Map

Posted by E. coli Attorney on June 20, 2009

It's rare that an "FDA Medwatch" is about food. Usually, such alerts are for medical professionals and address something having to do with drugs or medical devices. The national E. coli 0157:H7 outbreak associated with Nestle's cookie dough, however, is very unusual and this FDA Medwatch has been issued for both consumers and all healthcare professionals:

FDA and the CDC are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7 (a bacterium that causes food borne illness). The warning is based on an ongoing epidemiological study conducted by the CDC and several state and local health departments. Since March 2009 there have been 66 reports of illness across 28 states. Twenty-five persons were hospitalized; 7 with a severe complication called Hemolytic Uremic Syndrome (HUS). No one has died.E. coli O157:H7 causes abdominal cramping, vomiting and a diarrheal illness, often with bloody stools. Most healthy adults can recover completely within a week. Young children and the elderly are at highest risk for developing HUS, which can lead to serious kidney damage and even death.

FDA advises that if consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home that they throw them away. Cooking the dough is not recommended because consumers might get the bacteria on their hands and on other cooking surfaces. Individuals who have recently eaten prepackaged, refrigerated Toll House cookie dough and have experienced any of these symptoms should contact their doctor or health care provider immediately. Any such illnesses should be reported to state or local health authorities.

Please continue reading for the outbreak map, including a case-breakdown by state, from the Centers for Disease Control and Prevention (CDC).

Continue Reading...

Local Newspaper Reports Nestle Is Shutting Down Production At Its Danville Cookie Dough Plant

Posted by E. coli Attorney on June 19, 2009

The Danville News just put this report on its website:

Nestle USA has stopped production in half of its Danville, VA  plant following a Centers for Disease Control and Food and Drug Administration investigation that the company’s cookie dough may be connected to a recent E. coli outbreak.

“The Danville facility makes the majority of our Nestle Toll House refrigerated cookie dough,” said Roz O’Hearn, spokeswoman for the company.

The Danville plant also makes refrigerated pasta, which has not been connected to the E. coli outbreak. Workers will still produce the pasta, but the company is anticipating temporary layoffs for the workers who make the cookie dough in Danville, O’Hearn said.

No other Toll House products are affected by the recall. Officials are asking those with the Toll House refrigerated cookie dough to throw it out or take it back to the store for a refund.

Your Federal Government Weighs In On Toll House Cookie/E. coli 0157:H7 Outbreak

Posted by E. coli Attorney on June 19, 2009

 Following Bill Marler's exclusive last night on his personal blog, the State of Colorado, and Toll House Cookies, the federal government just issued this release on the Toll House Cookie crisis:

 The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention are warning consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7 (a bacterium that causes food borne illness).

The FDA advises that if consumers have any prepackaged, refrigerated Nestle Toll House cookie dough products in their home that they throw them away. Cooking the dough is not recommended because consumers might get the bacteria on their hands and on other cooking surfaces.

Retailers, restaurateurs, and personnel at other food-service operations should not sell or serve any Nestle Toll House prepackaged, refrigerated cookie dough products subject to the recall.

Nestle USA, which manufactures and markets the Toll House cookie dough, is fully cooperating with the ongoing investigation by the FDA and CDC. The warning is based on an ongoing epidemiological study conducted by the CDC and several state and local health departments. Since March 2009 there have been 66 reports of illness across 28 states. Twenty-five persons were hospitalized; 7 with a severe complication called Hemolytic Uremic Syndrome (HUS). No one has died.

E. coli O157:H7 causes abdominal cramping, vomiting and a diarrheal illness, often with bloody stools. Most healthy adults can recover completely within a week. Young children and the elderly are at highest risk for developing HUS, which can lead to serious kidney damage and even death.

Individuals who have recently eaten prepackaged, refrigerated Toll House cookie dough and have experienced any of these symptoms should contact their doctor or health care provider immediately. Any such illnesses should be reported to state or local health authorities.

The FDA reminds consumers they should not eat raw food products that are intended for cooking or baking before consumption. Consumers should use safe food-handling practices when preparing such products, including following package directions for cooking at proper temperatures; washing hands, surfaces, and utensils after contact with these types of products; avoiding cross contamination; and refrigerating products properly. 

 

Nestle Is Out With A Recall Of Its Toll House Cookies --E coli 0157:H7 Contamination Feared

Posted by E. coli Attorney on June 19, 2009

 On the heels of the warning Colorado issued about Nestle Toll House cookies, the company issued the following press release:

(SOLON, Ohio) – June 19th, 2009 – Nestlé USA’s Baking Division is initiating a voluntary recall of Nestlé® TOLL HOUSE® refrigerated cookie dough products.

Nestlé is taking this action out of an abundance of caution after being notified that the Food and Drug Administration, together with the Centers for Disease Control, are conducting an investigation into reported E. coli 0157:H7 illnesses that may be related to consumption of raw cookie dough.

A number of consumers reporting illness reported consuming raw Nestlé TOLL HOUSE refrigerated cookie dough. While the E. coli strain implicated in this investigation has not been detected in our product, the health and safety of our consumers is paramount so we are initiating this voluntary recall.

We have been and will continue to cooperate fully with the Food and Drug Administration and the Centers for Disease Control in this investigation. Providing safe, high quality products to our consumers is our number one priority.
No other Nestlé TOLL HOUSE products are impacted, including already baked TOLL HOUSE cookies purchased outside the home, all varieties of Nestlé TOLL HOUSE morsels, chocolate baking bars, or cocoa, and Dreyer’s and Edy’s ice cream products with Nestlé TOLL HOUSE cookie dough ingredients.
We want to strongly advise consumers that raw cookie dough should not be eaten. This message also appears prominently on our packaging. Nestlé TOLL HOUSE cookies made from refrigerated dough are safe to consume when baked as directed on the package.
Consumers who have purchased these products should not consume them. Instead, we are asking that consumers return these products to their local grocer for a full refund. We invite consumers with questions to contact Nestlé Consumer Services at 1-800-559-5025 and visit our web site at www.verybestbaking.com.
The products involved in the voluntary recall include all varieties of Nestlé TOLL HOUSE refrigerated Cookie Bar Dough, Cookie Dough Tub; Cookie Dough Tube; Limited Edition Cookie Dough items; Seasonal Cookie Dough and Ultimates Cookie Bar Dough. Variety information is included in the list attached.

 

Coloradans Urged Not To Eat Raw Nestle Toll House Cookies

Posted by E. coli Attorney on June 19, 2009

 

DENVER--The Colorado Department of Public Health and Environment is urging Coloradans not to eat raw Nestle Toll House cookie dough because of possible contamination with E. coli O157:H7.

Colorado state health officials, the CDC and several other state health departments are investigating an outbreak of E. coli O157:H7 infections. To date, 66 cases from 28 states have been identified. Preliminary evidence from the multi-state investigation suggests that Nestle Toll House cookie dough may be the source of the outbreak, although further investigation is ongoing.

Five cases have been reported in Colorado in the following counties: Denver, Douglas (2), Jefferson and Weld. Two of the people have been hospitalized, and one has developed a severe complication called hemolytic uremic syndrome (HUS). Of the four people interviewed so far by the state health department, all had consumed the raw cookie dough during the week before they became ill.

Alicia Cronquist, the foodborne disease epidemiologist at the state health department, said, “We can’t be certain that raw cookie dough is the source of these infections, but we are concerned enough that it might be and want consumers to be aware.”

Daniel Rifkin, Wholesale Food Program manager for the Department of Public Health and Environment’s Consumer Protection Division, said, “Nestle is currently evaluating what actions they will take regarding their product. In the meantime, it is important that consumers do not eat or use raw Nestle Toll House cookie dough for now. If you decide to use the product, ensure that the cookies are cooked thoroughly and wash your hands well after handling the raw dough. More information will be forthcoming.”

66 E. coli O157:H7 Illnesses in 28 States Linked to Nestle's Toll House Cookie

Posted by E. coli Attorney on June 19, 2009

Over the last few weeks we have been investigating E. coli O157:H7 illnesses in several states. All seemed unconnected. However, common food items were uncooked Nestles Toll House Cookie Dough, Strawberries, Fruit Roll-ups and Ground Beef. The vast majority reported eating Toll House Cookies.

We now have reports that federal, state and local health officials are investigating a cluster of at least 66 cases of E. coli O157:H7 in 28 states. Reports indicate the ill people's E. coli O157:H7 isolates share a common genetic pattern and likely a common source.

The link appears to have been made to Nestles Toll House Cookies.

Timing of May 21st Recall At Valley Meats Raises Questions About Its "Test And Hold" Program

Posted by E. coli Lawyer on June 16, 2009

 Valley Meats LLC, a Coal Valley, Illinois grinding plant recalled approximately 95,898 pounds of ground beef that might have been contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced in late May.

However, the problem was discovered through an epidemiological investigation of illnesses, NOT before the meat made it between hamburger buns. On May 13, 2009, FSIS was informed by the Ohio Department of Health of a cluster of E. coli O157:H7 infections. Illnesses have now been reported in Ohio, Pennsylvania, and Illinois. About a dozen people were sickened and one young girl in Ohio died.

So, where was Valley Meats “Test and Hold” food safety program? Shouldn’t the objective be to mitigate consumer risks associated with the presence of E. coli O157:H7 and other Shiga-toxin E. coli? Shouldn’t every USDA inspected slaughter facility, grinding operation and grocer utilize a “Test and Hold” program using science-based, robust serial sampling of finished ground beef products? Shouldn’t the testing include PCR/DNA genetic testing to identify a specific DNA strand unique to E. coli O157:H7 so if people do become ill, they can be linked to the source?

True, you cannot “Test and Hold” your way to complete food safety. You cannot test all hamburgers before it hits a consumer’s kitchen. However, we can test more – perhaps in part to validate a plant’s HACCP program – perhaps in part to try and save the life of one young girl.

Fifth Beef Recall Due To E. coli 0157:H7 Contamination, Announced By FSIS

Posted by E. coli Attorney on June 08, 2009

For the fifth time since May 4th, the Food Safety & Inspection Service (FSIS) of the U.S. Department of Agriculture has announced a "Class I, High Health Risk" recall due to contamination of beef by E. coli O157:H7.

The latest recall involves just 75 pounds of fresh beef trim products from Snow Creek Meat Processing in Seneca, SC. The bad meat was discovered through FSIS microbiological sampling.

The Snow Creek recall brings the total amount of beef recalled so far this year to 140,909 pounds. The first E. coli-related recall of both 2009 and to occur during the Obama administration of FSIS came on May 4th when Alex & George Wholesale recalled 4,663 pounds of beef it had sold to western New York restaurants.

Routine FSIS testing was credited with discovering of the E. coli problem at Alex and George, and again in the second recall on May 12th when Bob's Food City in Hot Springs, AK sought return of 375 pounds.

However, the third recall of '09 and the biggest so far this year involving Illinois-based Valley Meats LLC was found through trace-backs after the Ohio Health Department identified a cluster of E. coli victims.

Last Tuesday's recall of almost 40,000 pounds of ground beef products with possible E. coli 0157:H7 contamination by Portland, OR-based SP Provisions also came about due to FSIS testing.

Today's recall by Snow Creek is for various sizes of Cryovac bags of "BEEF TRIMMINGS, BEEF ITEM" packed in boxes. Each box bears the establishment number "EST. 20478" inside the USDA mark of inspection and a "Sell By" date of "06/02/09."

These fresh beef trim products were produced on June 2, 2009, and were distributed to retail establishments for further processing in North Carolina and South Carolina.

Maine's Cumberland And York Counties Have E Coli Cases Connected To National Cluster, According To PFGE Match

Posted by E. coli Lawyer on June 05, 2009

 

Maine CDC is investigating a cluster of 7 shiga toxin positive E. coli O157:H7 (STEC) cases in Cumberland and York counties that occurred among residents over the past month (case onset dates of April 17 to May 17). This is double the usual number of STEC cases reported this time of year (n=3). The median age of cases was 26 years (age range 14 years to 65 years). As of May 28, 6 of the 7 cases have been confirmed shiga positive E. coli O157:H7 by the Health and Environmental Testing Laboratory (HETL). Of these, 4 cases match by Pulse-Field Gel Electrophoresis (PFGE) and are considered part of a national cluster. At this time, the investigation is ongoing although we have not identified any common venues, events or foods based on case interviews.

What is PFGE?

When a sample is taken from either a person, piece of meat or poultry that is contaminated with a dangerous form of bacteria, such as E. coli O157:H7, listeria, or campylobacter, it can be cultured to obtain and identify the bacterial isolate. If a person consumes some of the contaminated meat or poultry, and becomes infected as a result, a stool sample can then be cultured to obtain and identify the bacterial isolate. These bacterial isolates are then broken down into their various component parts creating a DNA "fingerprint".

The process of obtaining the DNA fingerprint is called Pulse Field Gel Electrophoresis, or PFGE. This technique is used to separate the DNA of the bacterial isolate into its component parts. It operates by causing alternating electric fields to run the DNA through a flat gel matrix of agarose, a polysaccharide obtained from agar. The pattern of bands of the DNA fragments — or “fingerprints” — in the gel after exposure to the electrical current is unique for each strain and sub-type of bacteria. By performing this procedure, scientists can identify hundreds of strains of E. coli O157:H7 as well as strains of listeria and campylobacter, and other pathogenic bacteria.

The PFGE pattern of the bacteria can then be compared and matched up to the PFGE pattern of the strain of infected persons who consumed the contaminated product. When PFGE patterns match, they, along with solid epidemiological work, are proof that the contaminated product was the source of a person's illness.

It will be interesting to see if Maine, the CDC and other States' Health Departments will be able to link the illnesses in Maine to other states and to a possible source.

FSIS Finds E. Coli In Cascade Natural & SP Beef Products; Recall Impacts Washington & Oregon

Posted by E. coli Attorney on June 03, 2009

Portland, OR-based SP Provisions is recalling approximately 39,973 pounds of ground beef products that may be contaminated with E. coli O157:H7, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today.

The products subject to recall include:

Cascade Natural Beef Brand: 

  • 5-pound and 10-pound bags of ground beef. Each package bears the identifying case code "13-016G."
  • 5-pound and 10-pound bags of chili grind. Each package bears the identifying case code "13-016C."
  • 15-pound boxes of ground beef patties. Each package bears the identifying case code "13-016GP."

SP Provisions Brand:
  • 5-pound and 10-pound bags of ground beef. Each package bears the identifying case code "01-136."
  • 5-pound and 10-pound bags of chili grind. Each package bears the identifying case code "01-136C."
  • 15-pound boxes of ground beef patties. Each package bears the identifying case code "01-136P."

Each identifying case code is preceded by the date code "040809" through "052809," signifying the production date in "month/date/year" format, i.e. April 8, 2009 through May 28, 2009. Additionally, each product bears the establishment number "EST. 2866" inside the USDA mark of inspection. 

These ground beef products were produced on various dates from April 8, 2009 through May 28, 2009, and were distributed to retail establishments as well as hotels, restaurants and institutions in Oregon and Washington. The products, produced from the same source material, were sent into commerce prior to May 29, 2009.

The E. coli contamination was discovered through FSIS microbiological sampling. FSIS has received no reports of illnesses associated with consumption of these products. Individuals concerned about an illness should contact a physician.

Grimmway Farms Sues Over Loss Of Its Carrot Crop To Neighbor's Sheep

Posted by E. coli Lawyer on June 01, 2009

Fernando and Yvonne Iturriria are neighbors of Grimmway Farms outside Bakersfield, CA. They raise sheep next door to Grimmway Farms, which grows carrots.

After the sheep recently got into the carrots, Grimmway Farms destroyed 75 acres out of concern that sheep droppings might have left the carrots contaminated with E. coli or some other food-borne illness.

Now Grimmway Enteprises Inc. of Bakersfield, CA has filed a lawsuit against the Iturririas for $230,059,34 in damages plus attorney's fees.

A hearing is planned for July 14 in Kern County Superior Court.