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Foodborne Illness

Four Bean Salad Recall Due to Botulism Risk

FDA has announced a bean salad recall due to possible contamination with Clostridium botulinum, the bacterium that causes botulism. The manufacturer, Walker's Food Products Company of North Kansas City, Missouri, recalled its 16oz. packages of Four Bean Salad packaged under the Kay’s Gourmet brand name and 5-lb. and 10-lb. containers of Four Bean Salad packaged under the Walker’s Food Products Co. brand name. The containers are round clear plastic packages, which have an expiration date stamped on the bottom surface. The expiration dates subject to recall are 12/23/07 thru 04/5/08.

Walker's Food Products became aware of the problem after being notified by another company they had received beans that had been recalled due to being potentially contaminated with Clostridium botulinum. The manufacturer of the beans and FDA are continuing to investigate the source of this problem.

The recalled Four Bean Salad was distributed to distributors in Missouri, Kansas, Nebraska, and Iowa. It may have been repackaged and sold in retail stores. It may also have been served at restaurants.

Consumers are warned not to use the product, even if it does not look or smell spoiled. Botulism, a potentially fatal form of food poisoning, can cause the following symptoms: general weakness, dizziness, double vision, and trouble with speaking or swallowing. Difficulty in breathing, weakness of muscles, abdominal distension, and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention.

Labels: bean recall, botulism, clostridium botulinum

Hallmark/Westland Beef Investigation

After the recall of 143 million pounds of beef from Hallmark/Westland Meat Packing Co., the largest beef recall in United States history, the federal government is beginning an intensive investigation to bring about changes in food safety procedures. The recalled beef was used as part of the National School Lunch Program, headed by the Department of Agriculture. The Government Accountability Office is undergoing the investigation into the school lunch program.

According to the Wall Street Journal, Rep. Rosa DeLauro has scheduled two food-safety hearings for the month of March. Rep. DeLauro heads the House subcommittee which oversees the USDA’s budget. Top USDA officials will be testifying in relation to the recall. Sen. Herb Kohl, subcommittee on agriculture appropriations chairman, has also scheduled a hearing.

Leading executives from multiple food processing companies, including the president of Hallmark/Westland, have been asked by the House Energy and Commerce Committee to appear at another hearing. The House Energy and Commerce Committee has been studying issues of food safety for over a year.

Meanwhile many schools still have the recalled meat available, but have put it aside so that it can be properly dealt with by the proper authorities.

Labels: beef investigation

Sell by Date, Best if Used by Date and Expiration Date

An information government blog, GovGab, provides valuable information on a variety of topics. Today's post defines dates used on food products:

Sell by/pull by date: This is the date that stores pay attention to. If an item hasn't sold by this date, they're supposed to pull it from the shelves. Don't be afraid to buy something on or right before its 'sell by' date; it'll still be good for a while if it's stored properly. How long? That depends on the item. More on that in a minute.

Best if used before/by: Until this date, your food's guaranteed to be at peak freshness if it's been properly stored. After that date, it'll still be safe to consume for a while but the quality won't be as high. So your OJ won't have that "fresh-squeezed taste" anymore. And if you've ever taken a swig of diet soda after the 'best by' date stamped on the bottle, you're familiar with the unmistakable taste of decomposing artificial sweetener. Yum.

Expiration date: This is your food's last hurrah. If you haven't consumed it by this date, toss it. It could make you sick if you try eating or drinking it.

The post also provides links to charts:

Labels: food safety

Hallmark/Westland Beef Recall

The USDA’s Food Safety and Inspection Service has announced the voluntary recall of more than 140 million pounds of raw and frozen beef from the Hallmark/Westland Meat Packing Co. of Chino, California. The recall comes as a response to allegations of Westland inhumanely treating cattle and failing to have cattle inspected thoroughly and correctly.

The allegations stem from over two years of Westland failing to have FSIS public health veterinarians inspect cattle that became non-ambulatory after ante-mortem inspection. This is in direct conflict with the FSIS rule of “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” which was issued in July 2007.

According to the FSIS recall statement:

Some of the Westland Meat Co. branded products were purchased for Federal food and nutrition programs and, since Jan. 30, 2008, USDA has had an administrative hold on all products from Westland Meat Co. in all of these outlets including, in the National School Lunch Program, the Emergency Food Assistance Program and the Food Assistance Program on Indian Reservations. Based on this Class II recall, officials of the Food and Nutrition Service and Agricultural Marketing Service will work closely with State food and nutrition officials to minimize any disruptions caused by the removal and disposal of recalled Westland Meat Co. products.

Westland shut down operations on February 1 and FSIS issued a Notice of Suspension three days later after investigating the plant after receiving allegations of violations. The practices at Westland directly violated the Humane Methods of Slaughter Act.

According to a Q&A release from the FSIS:

The Hallmark/Westland Meat Packing Company must first respond to the Notice of Suspension and submit a corrective action plan to address its failure to properly implement the Humane Methods of Slaughter Act and FSIS regulations. FSIS must first verify that the plan they submit fully and completely addresses the findings in the Notice of Suspension to ensure the humane handling and slaughter of animals at the facility.

FSIS is continuing to investigate the plant and the company has yet to take any actions to prevent future violations. The USDA has also expressed intent to reimburse state governments for Westland products received from federal food programs. The USDA is also ending contractual agreements with Westland and will be looking to replace all products that are removed from the food supply. Any of the recalled Westland products must be destroyed according to government guidelines.

Concern over the recalled beef products centers around risks of spreading Bovine Spongiform Encephalopathy (BSE) into the nation’s food supply. However, according to FSIS, the risk of BSE in the Westland meat is:

Negligible. The federal government has an interlocking system of controls to protect the food supply and to prevent animals with signs of central nervous system disorders from entering the food chain. All cattle at the Hallmark/Westland Meat Packing Company passed ante-mortem inspection before slaughter.

FSIS also maintains that the health risk is negligible to children who may have consumed Westland products through the School Lunch Program. Westland products were also distributed to African nations such as the Ivory Coast and Angola. The USDA does not believe international trade will be affected due to strict standards that are more thorough than those advised by the World Organization for Animal Health.

A list of specific products being recalled can be found at: http://www.fsis.usda.gov/PDF/Recall_005-2008_Release.pdf

Contact information about which schools received Westland products can be found at:
http://www.usda.gov/actions

Labels: Cattle E coli, food safety

Hawaii Salmonella Cases Prompt Tuna Recall

Cases of Salmonella in Hawaii have prompted Choyce Products of Honolulu, Hawaii to recall 5,452 pounds of frozen Yellowfin Tuna. The FDA and the state of Hawaii are conducting a joint investigation of a variety of vendors due to the state receiving Salmonella illness reports between October 1, 2007 and December 31, 2007.

Choyce Products' customers received the recalled cubed tuna in frozen form. The frozen product is packaged in labeled white cardboard shipping boxes containing 22 pounds of product. These boxes each contain 11 2-pound packages of vacuum-packed product in unlabeled plastic bags.

The frozen Yellowfin tuna was distributed on Oahu and most likely reached consumers in the form of a mixed, previously frozen, seafood product through its customers. Choyce Products received the tuna from a mainland importer who confirmed the tuna was sent from Indonesia.

We are a national law firm with extensive experience with Salmonella lawsuits. Our lawyers have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. Attorneys Fred Pritzker and Elliot Olsen have been named “Super Lawyers” by Law & Politics magazine. Fred Pritzker is also listed in The Best Lawyers in America. To contact a Salmonella lawyer at our firm, please call toll-free at 1-888-377-8900 or submit our free case consultation form.

Posted February 2008.

Labels: Hawaii Salmonella, Honolulu Outbreak, salmonella lawyer, tuna recall

Listeria Recall: J and B Meats Bratwurst

The Minnesota Department of Agriculture is warning consumers not to eat smoked pork and beef bratwurst make by J&B Meats of Barnesville, Minnesota, with the lot number PBB30306, and Minnesota State Establishment Number 1198. The recalled J&B Meats bratwurst may be contaminated with Listeria monocytogenes, a potentially-fatal foodborne pathogen. The contamination was found through routine testing.

J&B Meats sold the bratwurst at its retail store in Barnesville, about 20 miles southeast of Moorhead. J&B Meats is asking consumers to return any recalled bratwurst to the store. However, if someone has eaten any of the bratwurst, it should be kept in the freezer and labeled “Do not eat” for at least 70 days (Listeria incubation period) after the date it was consumed. If the person(s) who ate the recalled bratwurst are diagnosed with a Listeria infection (listeriosis), the recalled bratwurst may be evidence.

According to the Minnesota Department of Agriculture, there are no reports of illnesses from the product. The sausages are often sold frozen, meaning people who do not hear of this recall could eat the bratwurst months from now.

If you or a family member is diagnosed with Listeria, contact us. We are Minnesota lawyers with extensive experience with Listeria cases. To contact a Minnesota Listeria attorney, please call toll-free at 1-888-377-8900 or submit our free case consultation form.

Posted February 2008.

Labels: lawyers, Listeria lawyer, Minnesota Listeria attorney

New Era Canned Vegetable Recall Expansion

New Era Canning Company, a Michigan firm, has expanded its nationwide recall of canned vegetable products for a third time because of the potential for its foods to be contaminated with Clostridium botulinum (C. botulinum), which can cause botulism, a life-threatening illness.
The affected New Era products are large institutional-sized cans, weighing between six and seven pounds, of various types of beans, blackeye peas, and asparagus.

The potentially contaminated products are marketed under ten different brand names:

Classic Sysco
Code
Frosty Acres Restaurant’s Pride Preferred
GFS
Kitchen Essentials
Monarch Heritage
Necco
New Era
Nugget
Reliance Sysco

According to an FDA news release, “processors other than New Era may be packing these brands. Only products packed by New Era are subject to the recall, so individuals must check the lot numbers on the bottom of the cans to determine if the product is affected by the recall.”

A complete list of specific brands, products, and lot codes subject to the New Era recalls can be found at http://www.fda.gov/oc/opacom/hottopics/newera.html.

If you have any of the recalled canned vegetables, do not eat them. It is even dangerous to touch them. The FDA has provided the following instructions for disposing of the recalled New Era canned vegetables:

When disposing of these products, double-bag the cans in plastic bags. Make sure the bags are tightly closed, then place in a trash receptacle for non-recyclable trash outside of the home. Restaurants and institutions should ensure that such products are only placed in locked receptacles that are not accessible to the public.

Any food that may contain the affected products should be disposed of carefully. Even tiny amounts of the C. botulinum toxin can cause serious illness when ingested, inhaled, or absorbed through the eye or a break in the skin. Skin contact should be avoided as much as possible, and hands should be washed immediately after handling the food.

Labels: botulism, canned vegetable recall

Microwave Safety

Microwavable foods present a danger to consumers if the foods are not properly cooked. Risks include the transmission of foodborne pathogens such as E. coli 0157:H7 and Salmonella. In 2007 two foodborne outbreaks were associated with foods that were microwaved: an E. coli outbreak linked to Jeno’s and Totino’s frozen pizzas and a Salmonella outbreak linked to Banquet Pot Pies. Below are efforts by the food industry to address the issue of microwave safety. Note that these efforts do not address the problem of E. coli and Salmonella contamination in food processing plants. Although it is important for consumers to be educated as to the correct use of microwave ovens, consumers need to know that food manufacturers and others are liable for contamination of food products with E. coli and Salmonella, meaning consumers who are sickened by their food should be compensated regardless of how consumers cook the food product.

To address this issue, organizations such as the American Frozen Food Institute (AFFI) have been working to ensure consumers are properly cooking their food. AFFI put out a guide called “Cooking with Microwave Ovens, Nutrition and Food Safety Considerations” which shows readers how to prepare nutritious and safe meals using their microwave oven. The AFFI is also working with various organizations to make sure the labels of microwavable products have more information to account for varying power ratings and options on different microwaves.

The Grocery Manufacturers Association is also working microwavable food labels to ensure that cooking instructions on labels are valid, especially among not-ready-to-eat (NRTE) products. The validation of cooking instructions lets consumers know that following the instructions will ensure that their food has been properly prepared and has eliminated the risk of foodborne pathogens in NRTE products.

The need to validate cooking instructions comes from the problem of microwaves to unevenly heat food. Uneven cooking allows for hot and cold spots in the food and is ineffective at inactivating foodborne pathogens in the cold spots.

The International Assocation for Food Protection released a series of presentations that address the risks of microwavable foods. The presentations address a variety of areas that affect uneven heating:

Non-uniform distribution of dipolar molecules and ionic materials within the food.
Differences in microwave absorption of frozen/thawed areas.
Product/component edge heating effects.
Areas of high and low microwave field strength within the oven cavity and product.
Different food component and thermal properties.

All of the compiled information allows consumers to see the bigger picture when it comes to safely preparing microwavable foods. More testing and adequate labeling will allow consumer to know what they need to do to make sure that the food they prepare in microwaves is safe to eat.

Labels: canned vegetable recall, microwave safety, Salmonella

Olivier Olive Oil Dip Recall

Olivier Olive Oil Products, Inc. has recalled Olivier brand Parmesan & Asiago Dip with Garlic & Basil due to possible contamination with Clostridium botulinum, the bacteria that causes botulism. The product was distributed to William-Sonoma retail stores nationwide and to Olivier Napa Valley retail stores located in Truckee and St. Helena, California.

Consumers in possession of Olivier Parmesan & Asiago Dip with Garlic & Basil labeled with the lot numbers listed below should not consume the product even if it does not look or smell spoiled. The affected lot codes are:

OPA 34171

OPA 23471

OAP 17271

OAP 17671

OAP 36061

OAP 36161

OPA 33961

The recalled product, Olivier Parmesan & Asiago Dip with Garlic & Basil, is packaged in an 11.76 ounce jar. The lot code information is located on the side of the glass jar where there is no label. To date, there have been no reported illnesses associated with this product.

Anyone who has eaten any of the recalled Olivier Olive Oil dip should watch for symptoms of botulism, including: general weakness, dizziness, double-vision and trouble with speaking or swallowing. Difficulty in breathing, weakness of other muscles, abdominal distension and constipation may also be common symptoms. People experiencing these problems should seek immediate medical attention. Botulism can cause serious illness and death.

The California Department of Public Health is warning consumers not to eat any of the recalled Olivier Olive Oil dip. Consumers who have any of the recalled dip should carefully dispose of the dip if no one has eaten any of the dip in the last 10 days. The incubation period for botulism is usually 18-36 hours, but can be as long as 10 days. If someone who has eaten the dip is diagnosed with botulism, the jar of dip will need to be tested for Clostridium botulinum. Please contact our law firm for testing information.

Pritzker Olsen, a leading foodborne illness litigation law firm, has a national practice and represents botulism victims throughout the United States. To contact the firm, please call toll-free at 1-888-377-8900 or submit the firm’s free case consultation form.

Labels: botulism, canned vegetable recall

Food Poisoning Lawyer Fred Pritzker has appeared on national television and has been quoted by national publications, including The New York Times, The Wall Street Journal, Associated Press and Lawyers USA. He has been named a "Super Lawyer" by Law and Politics magazine. He is also listed in the current edition of The Best Lawyers in America. To contact Fred Pritzker about a food poisoning lawsuit or food safety advocacy, please call 1-888-377-8900 (toll free) or submit the firm's free consultation form.

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Food Poisoning News

Fred Pritzker Listed in The Best Lawyers in America

Fred Pritzker has been notified that he will again be listed in The Best Lawyers in America.

Non-O157 E. coli (Non-O157 STEC)

Non-O157 E. coli can cause serious injury and death, and yet ground beef contaminated with these strains of E. coli are not considered adulterated under federal law. The six most common strains of non-O157 E. coli include E. coli O26, E. coli O45, E. coli O103, E. coli O111, E. coli O121 and E. coli O145.

Steak E. coli Outbreak

Our E. coli lawyers are investigating cases of E. coli O157 that have been linked to steak served at restaurants in California, Colorado, Florida, Hawaii, Iowa, Indiana, Kansas, Michigan, Minnesota, Nevada, Ohio, Oklahoma, South Dakota, Tennessee, Utah and Washington.

Recent Foodborne Outbreaks

Taco John's Lawsuit: Taco Johns food poisoning lawsuit information.
Taco Bell Lawsuit: Information about a Taco Bell food poisoning lawsuit.
Chipotle Lawsuit: Update on Chipotle food poisoning case and Chipotle lawsuit FAQ.
Subway Salmonellosis Lawsuit: 34 people were sickened, and 14 of those were hospitalized, all in Illinios.
Hartmann Dairy E coli Lawsuit Lawyer - 5 people, 4 of them children, contracted E. coli, and one of those developed HUS.
Freshway Foods lettuce lawsuit - We are representing one of the people who developed hemolytic uremic syndrome.
Pasture Maid Creamery Campylobacter: Our lawyers are representing a man who was paralyzed with Guillain-Barre syndrome.
Peppa's E. coli Lawsuit - An E. coli outbreak in Hawaii associated with the restaurant.
Daniele Salami Lawsuit: Daniele salami (salame) has been linked to a Salmonella Montevideo outbreak.
Steak E. coli Outbreak: Over 20 people were sickened by blade-tenderized, non-intact steak.
Fairbank Farms Lawsuit: A multistate E. coli outbreak has been linked to Fairbank Farms hamburger.

This is attorney advertising. Past results do not guarantee a similar outcome. The result of each case is determined by the specific facts and the applicable law.