Fresh Produce Discussion Blog

Created by The Packer's National Editor Tom Karst

Friday, June 6, 2008

William Marler - Tomatoes and salmonella

Since the spinach related outbreak of 2006, Seattle lawyer William Marler has become a familiar name and personality. While he has asked the industry to "put him out of business" he is more visible and prominent that ever. In this press release, Bill Marler talks about the history of tomatoes and salmonella.

The CDC, public health officials in several states, the Indian Health Service, and the U.S. Food and Drug Administration (FDA) are working together on an ongoing multi-state outbreak of human salmonella serotype saintpaul infections linked to the consumption of tomatoes. According to food borne illness attorney William Marler, this isn't the first time tomatoes are the source of salmonella infections.

"Salmonella and tomatoes have an ongoing relationship," Marler said. "Sadly, it's a long list of outbreaks. We've gotten better at tracing the serotypes and finding the source of the tainted food, but we have to do more: we have to prevent contaminated food from entering the food supply in the first place."

In 1990, a reported 174 salmonella javiana illnesses were linked to raw tomatoes as part of a four-state outbreak. In 1993, 84 reported cases of salmonella montevideo were part of a three-state outbreak. In January 1999, salmonella baildon was recovered from 86 infected persons in eight states. In July 2002, an outbreak of salmonella javiana occurred associated with attendance at the 2002 U.S. Transplant Games held in Orlando, Florida during late June of that year. Ultimately, the outbreak investigation identified 141 ill persons in 32 states who attended the games. All were linked to consumption of raw tomatoes.

During August and September 2002, a salmonella newport outbreak affected the East Coast. Ultimately, over 404 confirmed cases were identified in over 22 states. Epidemiological analysis indicated that tomatoes were the most likely vehicle, and were traced back to the same tomato packing facility in the mid-Atlantic region.

In early July 2004, as many as 564 confirmed cases of salmonellosis associated with consumption of contaminated tomatoes purchased at Sheetz Convenience Store were reported in five states: Pennsylvania, Maryland, Ohio, West Virginia, and Virginia. Seventy percent were associated with tomatoes in food prepared at Sheetz convenience stores. In 2006 two outbreaks of salmonella-tainted tomatoes where reported by the FDA. One was blamed for nearly 100 illnesses in 19 states. FDA also traced tomatoes involved in another outbreak involving 183 people in 21 states.

Since late April, 2008, 68 persons infected with genetically identical salmonella saintpaul have been identified in Texas (35 persons) and New Mexico (33 persons). In addition, 29 persons with the outbreak strain of salmonella saintpaul have been reported since mid-April in residents of Arizona (6 persons), Colorado (1), Idaho (2), Illinois (12), Indiana (1), Kansas (3), Utah (1), Virginia (1), and Wisconsin (2).

BACKGROUND: Marler Clark has represented thousands of victims of foodborne illness outbreaks since 1993. The firm's attorneys have litigated high-profile food poisoning cases against such companies as ConAgra, Wendy's, Chili's, Chi-Chi's, and Jack in the Box. Marler Clark currently represents victims of outbreaks traced to ground beef, pot pies, spinach, and peanut butter, as well as other foods.

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