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.

Asian citrus psyllid - found in Louisiana

From the Louisiana Department of Agriculture:

June 6, 2008

Commissioner Mike Strain, D.V.M. confirmed that the Asian citrus psyllid, an insect resembling a tiny cicada, was found in two Louisiana parishes.

Strain said the insect can spread citrus greening disease, a plant malady that prevents citrus fruit from ripening and ultimately kills the tree.

The Asian citrus psyllid and citrus greening disease are on the federal Animal and Plant Health Inspection Service’s (APHIS) list of quarantined pests.

The insect was confirmed on citrus trees in Orleans and Jefferson parishes last week, Strain said.

“Inspectors from the Louisiana Department of Agriculture and Forestry (LDAF) and APHIS are currently conducting surveys to determine the extent of the Asian citrus psyllid infestation across south Louisiana,” Strain said. “All samples collected will be analyzed for both the insect and citrus greening disease.”

The psyllid was first collected by an Orleans Parish backyard citrus grower who submitted a digital photo of the insect to an LSU AgCenter Extension entomologist, Strain said.

The insect has been reported in Texas and Florida, but citrus greening disease has only occurred in Florida.

Strain said as soon as the extent of the infestation can be determined, LDAF will coordinate with APHIS to decide which Louisiana parishes need to be placed on federal lists of infested areas for the psyllid and/or citrus greening disease.

Citrus is a $6.4 million commercial agricultural industry in Louisiana.

To view pictures of the Asian citrus psyllid and learn more about the insect and citrus greening disease, visit the LDAF Website at www.ldaf.state.la.us.

The information is located under the Office of Agricultural and Environmental Sciences, Horticulture and Quarantine Programs, Plant Pest Quarantine programs.

National Retail Report - June 6

From the USDA's National Retail Report:

Retailers Celebrate Summer with Seasonal Produce

As summer progresses and temperatures rise, especially across the South and East, retailers consistently focused ads onsummer themes. Items for the grill and fresh produce were typical highlights in ads. In addition, many retailers kicked offNational Dairy Month with features on a variety of dairy products, especially ice cream, to fit into their summer themes.Overall, fresh produce ad activity was up just over 7% compared to last week and can be attributed to an increase ofnearly 22% on fruit ads and a decrease of almost 9% on vegetables. The top 5 featured itemsi were predominantly fruits and corresponded with California’s new fruit crops. The top 5 included: grapes, cherries, peaches, sweet onions, and nectarines. The most notable increases were seen on grapes, nectarines, and peaches. Berries were featured quite heavily this week as they have been for the past few weeks. Despite a decrease in the number of blueberry ads in this report, many retailers, especially in the East, were promoting pint-sized containers as opposed to the 4.4 oz containers reported. Blackberries and raspberries were also widely featured.

Fruits as Percentage of Total Fruit Ads- June 6, 2008

Bananas 0%
Avocadoes, hass 5%
Apples, red delicious 1%
Watermelon, seedless 4%
Watermelon, mini 2%
Bananas, organic 0%
Blueberries 2%
Cantaloupe 9%
Grapefruit, red 0%
Honeydew 1%
Limes 4%
Lemons 1%
Mangoes 5%
Strawberries, organic 3%
Strawberries 9%
Plums 2%
Pineapple 2%
Peaches 13%
Oranges, navel 0%
Nectarines 9%
Grapes, green/red 14%
Cherries 13%

Vegetables as Percentage of Total Vegetable Ads -June 6, 2008

Cucumbers 6%
Lettuce, iceberg 2%
Lettuce, romaine 3%
Mushrooms, white 5%
Broccoli 2%
Broccoli, organic 1%
Cabbage 2%
Carrots, baby 5%
Carrots, baby organic 2%
Corn 10%
Onions, yellow 3%
Beans, round green 5%
Asparagus 4%
Tomatoes, grape organic 3%
Tomatoes, grape 7%
Tomatoes on the vine 8%
Tomatoes, organic 1%
Tomatoes 2%
Squash, zucchini 8%
Potatoes, russet 3%
Peppers, bell green 2%
Peppers, bell red 3%
Onions, sweet 15%

Seattle E. coli outbreak?

For coverage on The Packer Web site, I talked to Washington State Health Department spokesman Tim Church this morning about a recent E. coli outbreak investigation in the Seattle area. Developing....

Salmonella headlines and Video

tWhole Foods pulls tomatoes from shelves after salmonella outbreak

HEB, Whole Foods pull tomatoes from shelves after salmonella outbreak

FDA's Advice to retailers

From the FDA, sliding across the inbox at 11:05 pm last night. So far, all of Mexico's growing regions are conspicuous by their absence - Florida is also not on the list. One hopes the FDA can drill down to the actual packing house or farm to spare producers who have not had any involvement with the tainted tomatoes....




FDA recently posted advice for retailers, restaurateurs, and food service operators about sources of tomatoes not related to the recent salmonellosis outbreak. The information can be found at www.fda.gov/oc/opacom/hottopics/tomatoes.html#retailers.

Advice for Retailers, Restaurateurs and Food Service Operators
FDA traceback review, in addition to production and distribution pattern information, has indicated that tomatoes from the following sources are not associated with the outbreak:

California
Georgia
North Carolina
South Carolina
Texas
Belgium
Canada
Dominican Republic
Guatemala
Israel
Netherlands
Puerto Rico
FDA recommends that New Mexico and Texas retailers, restaurateurs, and food service operators offer only fresh and fresh cut red Roma, red plum, and round red tomatoes and food products made from these tomatoes for sale or service from the sources listed above.

FDA further recommends that retailers, restaurateurs, and food service operators continue to offer cherry tomatoes, grape tomatoes, and tomatoes sold with the vine still attached, from any source.