Articles Posted in Food Contamination

Salmonella is one of the most dangerous pathogens haunting our food system today. The bacteria finds its way into our food through a variety of routes, including unsafe food harvesting, storage, and transportation methodologies in addition to unsafe cooking or failing to discard spoiled food. It seems like there have been more and more reports in the news lately detailing a new outbreak involving the dangerous strain, affecting everything from produce to fast food.

Recently, an outbreak of Salmonella Virchow has been linked to Garden of Life’s RAW Meal Organic Shake & Meal Products. As of March 24, 2016, the Centers for Disease Control and Prevention have identified 20 different states affected by the outbreak. The specific source of the outbreak was identified as Organic Moringa Leaf powder, an ingredient that Garden of Life uses in a number of its products. Since the outbreak has been identified, Garden of Life has initiated a recall of affected products. Retailers with affected lot numbers have been asked to forgo selling the product and return it to the company.

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The issue of whether raw milk production should be allowed in the United States has become popular in recent years. Certain consumer groups prefer raw milk products, citing studies that suggest pasteurization poses certain dangers. Individuals who oppose the consumption of raw milk state that the pathogens it can carry are incredibly dangerous and even life-threatening in some instances. Raw milk can contain a wide variety of bacteria and viruses, including E. Coli, Salmonella, and Listeria.

This month, CNBC reported that a group of lawmakers who successfully passed a bill relaxing restrictions on raw milk sale and consumption in West Virginia became ill shortly after consuming raw milk in celebration of the bill’s passage. The legislation allows individuals who purchase a share in a milk-producing animal to consume the raw milk produced from that animal. The bill prohibits individuals from selling and distributing that milk to others. These agreements are often referred to as “herd shares” or “cow shares.” A number of states have similar laws facilitating these limited arrangements and allowing raw milk consumption in certain circumstances.

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Listeria is one of the most common pathogens that pose a threat to consumers in our food production system. Recently, two major food retailers have made headlines after listeria and other potential issues were identified in their food products. Dole Fresh Vegetables has been named in a lawsuit claiming that a package of the company’s salad contaminated with listeria caused an Ohio woman who consumed it to go into a coma.

Also, international coffee chain Starbucks has recalled two of its breakfast sandwich items after concerns arose that the items may be contaminated with listeria or other allergens that pose a threat to consumers. According to the complaint, at least 18 people in the United States and 11 residents in Canada suffered illnesses and four people died as a result of consuming the contaminated salad products.

Food producers, processors, and retailers have a duty to ensure that the food they offer is prepared and stored in a reasonably safe manner and free from any pathogens that could contaminate the item.

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Food contamination is a serious threat to consumers and for a good reason. The illnesses and injuries that can result from consuming contaminated food include severe illnesses, permanent life-altering conditions, and even death. One of the most notorious strains of foodborne illness is salmonella, which can enter food products through a number of channels. Food can become contaminated with salmonella during the processing, packaging, or handling process if the handler does not wash his or her hands, or disinfect food contact surfaces.

Nearly 900 cases of salmonella outbreaks related to contaminated cucumbers have been reported across the United States, including 241 in California, 43 in Minnesota, and 52 in Texas. There have been at least six deaths reported as well. The infected produce was linked to Andrew & Williamson Fresh Produce, which imported the cucumbers from Mexico.

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Food recalls and food safety have been a major issue for consumers across the United States lately. When we purchase food or order food at a restaurant, we are relying on countless individuals involved in the food processing and preparation chain to use reasonable care and to ensure against contaminants. The U.S. Food and Drug Administration (“FDA”) is the federal agency responsible for regulating food safety, and it provides information to consumers about recalls and other emerging events that may put consumers’ health at risk.

Consumers who suffer illnesses as the result of contaminated foods can bring a claim against the parties that may be responsible for the illness. To recover compensation from a defendant, the plaintiff needs to prove a number of things. First, the plaintiff must show that the defendant grew or produced the food and shipped it.

Next, the plaintiff must prove that he or she consumed the food and experienced illnesses diagnosed by a medical physician. The plaintiff must also show that the physician linked the illnesses to the contaminated food. The plaintiff must also illustrate that he or she consumed the food in close proximity to when the symptoms manifested. Finally, the plaintiff must show that the contamination was a direct cause of the defendant’s actions and that the defendant failed to exercise reasonable care to protect against contamination.

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As Chipotle locations are reopening after multiple, multi-state foodborne illness outbreaks, consumers are becoming more concerned about whether their food is safe. According to the law, a business can be held liable for failing to use reasonable care when preparing, storing, or selling food.

Under a negligence approach, the plaintiff must show that the restaurant failed to meet its duty to provide a safe environment, to make meals and food items that are safe to consume, and to identify and prevent unreasonable dangers that affect consumer health and safety. The plaintiff must also prove that the defendant’s failure to meet these duties was the direct cause of his or her harm.

Some states also impose a strict liability standard against restaurants and food sellers. Under strict liability, the plaintiff does not have to demonstrate that the defendant failed to use reasonable care. Instead, the plaintiff must show that he or she consumed food served by the establishment or purchased at the store that was unreasonably dangerous. States also allow plaintiffs to bring a variety of breach of warranty claims against potentially liable food producers and sellers.

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