Food Safety

Published on: July 21, 2016

E. Coli Outbreaks Can Cause Serious Symptoms for Illinois Victims, Give Rise to Liability

The Centers for Disease Control estimates that about one in six people get sick from food-borne illnesses each year in the United States. Of these, around 3,000 people die as a result. In recent years, E. Coli outbreaks have become familiar to Americans as they continue to come up in the news, at times causing serious effects for victims.

E. Coli is a bacterium that can be transmitted by consuming contaminated food, including unwashed raw produce, undercooked beef, unpasteurized juice, and raw milk. The consumption of contaminated food can result in symptoms, the most common of which is diarrhea. However, in more serious cases, it can cause anemia or kidney failure, which can lead to death.

E. Coli generally lives in cattle, but it can also be found in other livestock. If meat containing E. Coli bacteria is not cooked to 160 degrees, E. Coli bacteria can survive and infect those who consume it. In addition, the meat can affect other food that comes into contact with the infected raw meat. Raw meat is the most likely cause for infection, but it can be transmitted through raw fruits and vegetables, or through raw milk or other dairy products.

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Published on: June 22, 2016

Whole Foods Market Receives FDA Warning Letter for ‘Serious Violations’

By Moll Law Group

Health food stores are becoming increasingly popular as consumers’ preferences for different categories of food products have shifted. Perhaps one of the most popular health food chains in the U.S. is Whole Foods Market, a specialty store offering a variety of alternative products, including organics, gluten-free, and vegan. On June 8, 2016, the U.S. Food and Drug Administration, the agency responsible for overseeing food safety and labeling for the vast majority of our food system, issued a warning letter to Whole Foods Market, identifying a number of “serious violations” it found after completing an inspection of one of its stores in Everett, Massachusetts, in February 2016.

Among the violations identified, Whole Foods Market failed to manufacture, package, and store foods under conditions that would reduce the growth or introduction of potential contaminants. For example, the inspectors observed that the company was preparing ready-to-eat pasta products under areas where moisture from ceiling joints above was dripping onto the counter space below.

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Published on: May 8, 2016

FDA Warns About Danger to Humans From Salmonella Contaminated Dog Food

By Moll Law Group

Some people may think that safety issues associated with pet food are geared solely toward ensuring their animals’ health. The federal government recently shed light on the issue, informing a pet food company that the presence of salmonella in its products could harm more than the animals who consume it.

Pet food manufacturing company Answers Pet Food, owned and operated by Lystn LLC, received a warning letter from the U.S. Food and Drug Administration indicating that its products tested positive for Salmonella. The tests involved the company’s Detailed Answers Chicken Formula dog food product.

Salmonella is a type of bacteria that can be found in raw food products like beef, milk, poultry, eggs, and fresh produce. Individuals who consume Salmonella or otherwise come into contact with the bacteria can experience severe illnesses, including vomiting, diarrhea, cramping, fever, and even death. The elderly, children, and those with compromised immune systems are most susceptible to the bacteria, often requiring hospitalization to resolve the resulting symptoms.

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Published on: May 6, 2016

Multi-State Listeria Outbreak Linked to Frozen Vegetables Results in Hospitalizations and Fatalities

By Moll Law Group

A multi-state outbreak of listeria linked to frozen vegetables has led to many illnesses and even fatalities, spurring officials at the Centers for Disease Control and state public health leaders to conduct an investigation. The U.S. Food and Drug Administration has also gotten involved. Reports indicate that eight individuals have been infected with Listeria across three states: Washington, California, and Maryland. The individuals who lost their lives as a result of the contamination resided in Maryland and Washington.

The frozen vegetables likely responsible for the outbreak have been traced back to CRF Frozen Foods, based in Pasco, Washington. The vegetables are sold under a variety of brand names. The company initiated the first recall on April 23, 2016, covering 11 types of frozen vegetable products. Then, on May 2, 2016, the recall was expanded to encompass all of the organic and regular frozen fruit and vegetable products that it processed at the Pasco facility from May 1, 2014, onward. This expanded recall covered over 350 products that are marketed under more than 40 different brand names and sold in the U.S. and Canada.

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Published on: April 8, 2016

Attorney Fails to Make Timely Objection, so Judgment in Product Liability Case Must Stand

By Moll Law Group

Even when individuals have a valid claim, a lawyer’s missteps can have serious consequences for their clients. In a recent case, a judgment in favor of the defendant could not be revisited because the issue raised on appeal was not raised by the plaintiffs’ lawyer during the trial.

The Facts of the Case

A husband and wife filed a lawsuit against makers and distributors of microwave popcorn and butter flavoring. The husband ate microwave popcorn every day for 20 years. They alleged that the products caused him to develop the lung disease bronchiolitis obliterans.

At trial, the experts disagreed about what caused the husband’s sickness. Both the plaintiffs and the defendants had a number of expert witnesses who testified about his sickness and its likely cause. One of the defendant’s experts was a doctor who testified about articles that were not provided to the plaintiffs for review. The plaintiff’s lawyer objected, arguing that the witness could not testify about facts about which the plaintiffs did not have information. He argued that the plaintiffs could not adequately prepare for such testimony, and the testimony was unfair. The judge agreed, and the expert’s testimony was stricken. Accordingly, the judge instructed the jury to ignore the testimony they had heard from the expert. The trial continued, and the jury found in favor of the defendant.

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Published on: February 1, 2016

Lead-Tainted Cookies Lawsuit Settles for $750,000

By Moll Law Group

A lawsuit brought by the California Attorney General claiming that Nabisco Ginger Snap cookies contain nine times the amount of lead allowed according to California law has settled for $750,000. The California Attorney General, alongside 11 district attorneys, brought the action against parent company Mondelez International, originally part of Kraft Foods, in the County of Orange on January 21, seeking damages according to California’s Safe Drinking Water and Toxic Enforcement Act, also known as Proposition 65.

Lead poses serious risks to humans due to its properties as a neurotoxin. The ingestion of lead affects the central nervous system and can result in severe injuries like cancer, reproductive disabilities, birth defects, and even death. When children consume lead, they face even more serious symptoms and illnesses, including developmental delay, sluggishness, and vomiting. Adults who ingest lead over a sustained period of time commonly exhibit symptoms like memory loss, abdominal pain, mood changes, and high blood pressure.

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Published on: January 15, 2016

FDA’s Final Warning Letter of 2015 Targets Seafood Processing Facility

By Moll Law Group

Food safety has become a major issue and subject of public concern recently, with widespread foodborne illness outbreaks hitting the headlines on a regular basis. In its final warning letter of 2015, the U.S. Food and Drug Administration (“FDA”) has issued a warning to Edo Sushi Express, a seafood processing company, claiming that it found “serious violations” of the Hazard Analysis and Critical Control Point (“HACCP”) standards applicable to seafood.

HACCP is a system designed to ensure food safety is addressed throughout the food production chain. It requires the analysis and control of certain physical, chemical, and biological hazards associated with turning raw materials into final products intended for human consumption. When it comes to seafood, pathogens and parasites present particular risks.

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Published on: December 14, 2015

When Food Poisoning Strikes, Compensation May Be Available

By Moll Law Group

When families go out to eat, whether for Sunday brunch or a birthday dinner, they expect their food to not only taste good but also be safely prepared. This is true for the fanciest restaurants as well as the fast food restaurant on the corner. It is also true for food purchased at the grocery store or served via home delivery.

Unfortunately, however, food is not always as safe as it should be. Sometimes this results in an upset stomach that resolves itself after a couple of days and that a customer may not even attribute to food he or she recently ate. But sometimes food poisoning can cause serious health problems or even death.

One of the more common and well known sources of food contamination is the E. coli bacteria, which lives in the intestines of certain animals. The most common symptoms of E. coli are diarrhea, abdominal cramping, nausea, and vomiting. In more serious cases, kidney failure may occur. This most commonly occurs in children and those with compromised immune systems, like the elderly.

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Published on: December 4, 2015

Multiple Foodborne Illness Outbreaks Hit the United States

By Moll Law Group

Food producers have a duty to ensure that the food products they provide to the public are free of contamination and safe for human consumption. Recently, the U.S. Food and Drug Administration has adopted a new set of rules and regulations designed to improve safety controls and prevent harmful and even deadly foodborne illness outbreaks from making people sick.

When a producer or company fails to safely prepare or process food products, and a consumer becomes sick as a result, the producer may be strictly liable for the consumer’s damages. The most difficult aspect of a food contamination case is proving causation. Most of us eat a wide variety of foods and products throughout the day, or even week, and many people fail to remember exactly what they consumed, or where and when they consumed it.

When an outbreak occurs, state public health officials and the national Centers for Disease Control (CDC) typically get involved to help trace the particular strain that caused the illness back to a specific source, like a restaurant, factory, or farm. In many cases, the reports and evidence created during these investigations can be used to show causation in a lawsuit.

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Published on: November 26, 2015

A Wyoming Restaurant Seeks to Set Aside $11.3 Million Default Judgment in Salmonella Poisoning Case

By Moll Law Group

A Wyoming federal court recently awarded over $11 million to a Nebraska plaintiff who sustained injuries after contracting salmonella poisoning at a Wyoming-based restaurant location. Although the plaintiff has recovered from many of the initial symptoms and illnesses of the salmonella poisoning, he continues to suffer devastating and long-lasting side effects, including vomiting, balance and coordination issues, and a number of cognitive and psychological harms.

One of the most unique aspects of this case is that the plaintiff obtained the judgment through a default judgment. A default judgment occurs when one party fails to take action, such as when a defendant ignores a summons to appear before court or respond to a pleading against it.

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