The Ithaca Journal’s coverage of an E. coli lawsuit filed against Topps by Marler Clark highlights the firm’s decision to ask the Court to award punitive damages to an 8-year-old child and his mother, who both became ill with E. coli infections after eating Topps ground beef patties at a barbecue.

According to the Associated Press, consumer groups, including the Consumers Union and the Consumer Federation of America, are asking that the U.S. Department of Agriculture gain the authority to issue recalls.

While the FDA is a pro-consumer agency, it has no jurisdiction over meat and poultry.

“The USDA does not even have the statutory authority to force a recall. They cannot recall a product; they can only ask Topps to do so. In this case they didn’t,” said Marler Clark Attorney David W. Babcock.