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Lettuce and SpinachLettuce and Spinach

• 8 outbreaks traced back 8 outbreaks traced back to produce from Salinas, to produce from Salinas, CaliforniaCalifornia

• 21 21 E. coliE. coli outbreaks outbreaks since 1995since 1995– At least 1,000 reported At least 1,000 reported

illnesses and 7 deathsillnesses and 7 deaths

• Fresh or fresh-cut lettuce Fresh or fresh-cut lettuce or spinach implicated as or spinach implicated as outbreak vehicleoutbreak vehicle

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Recent Recent E. coliE. coli Outbreaks Outbreaks

• July 2002 – July 2002 – WA Dance CampWA Dance Camp– 50 dance campers sickened, 50 dance campers sickened,

several hospitalized, one several hospitalized, one with life-long kidney damagewith life-long kidney damage

– ““Pre-washed” lettucePre-washed” lettuce

• September 2003 – September 2003 – CA RestaurantCA Restaurant– 40 patrons ill 40 patrons ill – Salads prepared with bagged, Salads prepared with bagged,

“pre-washed” lettuce“pre-washed” lettuce

• October 2003 – October 2003 – CA Retirement CenterCA Retirement Center– 13 residents sickened, 2 died13 residents sickened, 2 died– ““Pre-washed” spinachPre-washed” spinach

Produce from all three outbreaks came from California’s Salinas Valley.

Produce from all three outbreaks came from California’s Salinas Valley.

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2005 Dole 2005 Dole E. coliE. coli Outbreak Outbreak

• 23 laboratory-confirmed 23 laboratory-confirmed cases of cases of E. coliE. coli O157:H7; O157:H7; 7 epi-linked cases7 epi-linked cases

• Sept. 16 to Sept. 30 onsetSept. 16 to Sept. 30 onset

• 2 cases of HUS2 cases of HUS

• Cases in MN, OR, and WICases in MN, OR, and WI

• Statistically associated Statistically associated with eating Dole pre-with eating Dole pre-packaged lettucepackaged lettuce

• ““Smoking Gun” – found in bagSmoking Gun” – found in bag

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FDA – “Adulterated” – 2005 FDA – “Adulterated” – 2005

• FDA considers “adulterated” any ready to eat crops FDA considers “adulterated” any ready to eat crops produced under unsanitary conditions §402(a)(4) produced under unsanitary conditions §402(a)(4) of the Food, Drug, and Cosmetic Actof the Food, Drug, and Cosmetic Act

• FDA cited to research FDA cited to research linking some or all linking some or all of the outbreaks to of the outbreaks to sewage exposure, sewage exposure, animal waste, and animal waste, and other contaminated other contaminated water sourceswater sources

“In light of continuing outbreaks associated with fresh and fresh-cut lettuce and other leafy greens, particularly

from California, we are issuing this second letter to reiterate our concerns and to strongly encourage firms in

your industry to review their current operations.”

“In light of continuing outbreaks associated with fresh and fresh-cut lettuce and other leafy greens, particularly

from California, we are issuing this second letter to reiterate our concerns and to strongly encourage firms in

your industry to review their current operations.”

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2006 Wendy’s 2006 Wendy’s E. coliE. coli Outbreak Outbreak

• Utah - June 2006Utah - June 2006

• E. coliE. coli O21:H19 – O21:H19 – only 4 culture-positive only 4 culture-positive cases, although over 50 cases, although over 50 cases probablecases probable

• 3 HUS, 2 adult women, 3 HUS, 2 adult women, 1 with 30 days in 1 with 30 days in hospital, the other with hospital, the other with 4 months of dialysis4 months of dialysis

• Likely lettuce from Likely lettuce from CaliforniaCalifornia

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2006 Dole 2006 Dole E. coliE. coli Outbreak Outbreak

• 205 persons infected 205 persons infected with outbreak strain of with outbreak strain of E. coliE. coli O157:H7 from O157:H7 from 26 states26 states

• 102 hospitalized 102 hospitalized

• 31 developed HUS31 developed HUS

• Five deaths Five deaths

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• E. coliE. coli O157:H7 O157:H7– Isolated from 13 packages Isolated from 13 packages

of Dole spinach of Dole spinach

– ““DNA fingerprints” of all 13 DNA fingerprints” of all 13 match the outbreak strain match the outbreak strain of ill peopleof ill people

– Same strain found on 1 of 4 Same strain found on 1 of 4 farms that supplied spinach to farms that supplied spinach to a single manufacturing facility a single manufacturing facility on a particular day - cow pies, on a particular day - cow pies, water source and wild pig gutwater source and wild pig gut

– Other E. coli strains have Other E. coli strains have now been isolated – now been isolated – human and bagshuman and bags

2006 Dole 2006 Dole E. coliE. coli Outbreak Outbreak

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2006 Taco 2006 Taco E. coliE. coli Outbreaks Outbreaks

• At least 150 sickened At least 150 sickened in 7 Statesin 7 States – Dozens hospitalized Dozens hospitalized

– Several HUS casesSeveral HUS cases

• Two outbreaks Two outbreaks separated by a few separated by a few weeksweeks

• Different suppliers Different suppliers and growersand growers

• Lettuce grown in Lettuce grown in CaliforniaCalifornia

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2006-2007 Peanut Butter 2006-2007 Peanut Butter SalmonellaSalmonella Outbreak Outbreak

• CDC Figures as of CDC Figures as of June, 2007June, 2007

– 714 culture-positive 714 culture-positive illnesses from 44 statesillnesses from 44 states

– 71 hospitalized71 hospitalized

– Illnesses reported Illnesses reported 2005 to late 20072005 to late 2007

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2006-2007 Peanut Butter 2006-2007 Peanut Butter SalmonellaSalmonella Outbreak Outbreak

• Marler MathMarler Math– CDC estimates that CDC estimates that

over 30 times the over 30 times the number of confirmed number of confirmed cases are never cases are never reported. Likely reported. Likely number of cases number of cases from peanut butter:from peanut butter:

30 x 714 = 21,42030 x 714 = 21,420

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Pot PiesPot Pies

272 isolates of Salmonella 272 isolates of Salmonella I 4,[5],12:i:- with an I 4,[5],12:i:- with an indistinguishable genetic indistinguishable genetic fingerprint have been fingerprint have been collected from ill persons in 35 collected from ill persons in 35 states. To date, three of these states. To date, three of these patients’ pot pies have yielded patients’ pot pies have yielded Salmonella I 4,[5],12:i:- Salmonella I 4,[5],12:i:- isolates with a genetic isolates with a genetic fingerprint indistinguishable fingerprint indistinguishable from the outbreak patternfrom the outbreak pattern

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Hamburger – It’s BackHamburger – It’s Back

• In 2007 - 21 In 2007 - 21 recalls, ground recalls, ground beef companies beef companies have recalled have recalled more than 33 more than 33 million pounds million pounds of of E. coliE. coli O157:H7-O157:H7-contaminated contaminated meatmeat

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Outbreaks Linked To Unpasteurized MilkOutbreaks Linked To Unpasteurized Milk

19941994 – 18 ill with – 18 ill with E. coliE. coli O157:H7 – O157:H7 – “pasteurized” milk“pasteurized” milk19981998 – 55 ill with – 55 ill with E. coliE. coli O157:H7 – O157:H7 – “fresh” cheese curds“fresh” cheese curds20012001 – 75 ill with – 75 ill with CampylobacterCampylobacter – – raw milkraw milk20032003 – 62 ill with – 62 ill with SalmonellaSalmonella – – raw milkraw milk20052005 – 18 ill with – 18 ill with E. coliE. coli O157:H7 – O157:H7 – raw milkraw milk2006 – 2006 – 6 ill with 6 ill with E. coliE. coli O157:H7 – O157:H7 – raw milkraw milk20062006 – 27 ill with – 27 ill with CampylobacterCampylobacter – – raw milkraw milk20062006 – 2 ill with – 2 ill with CampylobacterCampylobacter – – raw milkraw milk

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Civil Litigation - How it WorksCivil Litigation - How it Works

• Strict LiabilityStrict Liability

• The only defense is The only defense is preventionprevention

• Wishful thinking Wishful thinking does not helpdoes not help

• If you manufacture a If you manufacture a product that causes product that causes someone to be sick someone to be sick you are going to payyou are going to pay

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What Will a Jury Think?What Will a Jury Think?

A JuryA Jury == 12 Consumers12 Consumers

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Questions?Questions?

See See www.marlerblog.comwww.marlerblog.com

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