New E. Coli Cluster Reported In Colorado; Is FDA Giving Up On Nestle Investigation? Who Are We Going To Call?

Posted on July 10, 2009 by E. coli Attorney

The Mountain Mail in Salida, CO reported on a cluster of E coli victims in the small Rocky Mountain community.   Two cases are confirmed and three others have symptoms that are consistent with E. coli 0157:H7 infections.

Both the Colorado Department of Public Health and Environment and the Chaffee County Public Health District are investigating, but neither has connected the Salida illnesses with a specific source.

Connections could be made to either one of two national E. coli outbreaks-- the one linked to beef from the JBS Swift Co. in Greeley, CO, which has made at least 23 people infections with E. coli 0157:H7 in nine states or the nationwide Nestle refrigerated raw cookie dough outbreak. Or maybe there is another source.

Or who knows? David Acheson, the nearest thing the federal government has to a utility in-fielder for food safety, was pushed out to say we should not expect much from Uncle Sam’s investigation of the poison Nestle cookie dough.

“This will be one of those situations where we won’t definitely know what went wrong,” Acheson said.

That  “situation,” according to a late Friday update from the Centers for Disease Control and Prevention (CDC) now involves 74 confirmed cases in 32 states, all matched from PFGE testing with onset ranges from March 16 to June 11. Thirty-four have required hospital stays and ten developed Hemolytic Uremic Syndrome (HUS).

Acheson, who started with the feds as senior food scientist for the U.S. Department of Agriculture and now is FDA’s assistant commissioner for food safety, sounds like a man giving up.

Cookie dough samples have tested positive for different strains of E. coli, but not yet the exact PFGE match to those who are ill. And how any E. coli is getting in the cookie dough is a mystery.

FDA is good at what its done. Testing equipment and ingredients, including the flour that might have been contaminated in the field. But what it’s done is not good enough. If FDA wants to give up, fine. 

Maybe another agency would be better suited to finishing this investigation.   If equipment and ingredients are all clean, let’s not remove the yellow tape around this crime scene too quickly. Not until everyone who had access to this plant is also investigated, employees, management, visitors.

Let’s turn it over to the FBI.

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

Posted on June 22, 2009 by E. coli Attorney

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.”  

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

Posted on June 21, 2009 by E. coli Attorney

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.

 

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

Posted on June 19, 2009 by E. coli Attorney

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.

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

Posted on June 19, 2009 by E. coli Attorney

 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.

 

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Coloradans Urged Not To Eat Raw Nestle Toll House Cookies

Posted on June 19, 2009 by E. coli Attorney

 

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.”

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