Food Poisoning Law Blog : Food Poisoning Lawyer & Attorney : PritzkerLaw : Food Safety, Outbreaks & Recalls

The Oregon Government Ethics Commission has dismissed a complaint filed in August by Del Monte Fresh Produce against the state’s senior epidemiologist William Keene.

The seven-member citizen commission charged with enforcing government ethics laws said the issues outlined in Del Monte’s complaint fall outside its mandate to ensure that public office is not used for personal gain, according to a story in The Oregonian.

Del Monte did not allege in the complaint that Keene used his office for personal gain, but rather that he conducted a “cursory investigation” and committed a “clear error of judgment,” in concluding that tainted cantaloupe was source of a Salmonella outbreak, according to the story.

Keene and was one of several state and federal scientists who concluded that the tainted cantaloupe came from Del Monte’s facility in Asuncion Mita, Guatemala. The company maintains its cantaloupes were not the source of the outbreak and that none ever tested positive for Salmonella Panama, the strain involved in the outbreak.

In addition to the ethics complaint, Del Monte filed a tort claim in August announcing its intentions to sue the Oregon Health Authority over the outbreak.

 News source: http://www.oregonlive.com/health/index.ssf/2011/09/oregon_dismisses_ethics_compla.html

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The average American eats more than eight pounds of cantaloupe each year, where does it come from? From mid summer through late fall, over 90 percent of cantaloupes sold in the U.S. come from the central California growing region, according to the California Cantaloupe Advisory Board (CCAB).

This board, formed in 1988, represents most of the hundreds of cantaloupe growers and shippers in central California and prides itself in saying that there has never been a foodborne illness outbreak associated with California cantaloupes.

Most cantaloupes bear a sticker identifying their country of origin. Total U.S. imports of cantaloupes were valued at $117.3 million in 2004, according to the Agricultural Issues Center at the University of California, Davis. The three largest importers of cantaloupe are: Guatemala, 41.1 percent; Costa Rica, 32.3 percent and Mexico 4.1 percent.

At one time, Mexico was the largest supplier of cantaloupes to the United States. But after a series of Salmonella outbreaks were traced back to a Mexican source, imports plummeted from 27.9 percent in 2000 to 4.1 percent in 2004.

After a major outbreak in 2002, U.S. and Canadian governments began requiring Mexican exporters to certify that their cantaloupes are produced under proper conditions before they can be shipped to North American markets.

California cantaloupes are grown using the standardized principles of “Good Agricultural Practices” and are subject to mandatory inspections, according to CCAB. Most are packed directly from the field into shipping boxes to reduce handling and lesson the likelihood of exposure to pathogens,

A cantaloupe Listeria outbreak in Colorado, Nebraska and Texas which began last month has killed one person and sickened at least 11 others. Federal, state and local health investigators have not identified the source of the melons.
 

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Cantaloupe has recently been associated with several large outbreaks of foodborne illness in the United States. A Salmonella outbreak that, in March, sickened a dozen people in Oregon, Washington, California and Maryland, prompted a recall of almost 5,000 cartons of cantaloupe believed to be tainted with Salmonella. Now a Listeria cantaloupe outbreak is sweeping through Colorado, Nebraska and Texas has killed one person and hospitalized at least 11 others.

Foodborne illness outbreaks from cantaloupe aren’t new, but they are on the rise. “Since 1994, outbreaks of infections associated with cantaloupe consumption have been reported with increased frequency,” according to a 2005 study published by researchers at the CDC and the University of Georgia, Center for Food Safety and Department of Food Science and Technology.

Researchers reviewed all cantaloupe-associated outbreaks that were reported to the CDC between 1973 and 2003 and found that 28 outbreaks occurred, sickening 1,615 people, hospitalizing 57 and killing two.The pathogens involved were Salmonella, Campylobacter, E. Coli and Norovirus. There have been nine more outbreaks since 2003. Eight of them were caused by those same four pathogens. The current outbreak, which began in Colorado, is the first related to Listeria.

Documented cases of foodborne illness in cantaloupe are growing, but the problem is probably even greater than we know, researchers say.

"Although we report more than 1600 cases of illness associated with cantaloupe consumption in the United States and Canada during the past 30 years, the true burden of foodborne disease associated with cantaloupes is probably much greater.”

The increase in the number of outbreaks is consistent with an increase in outbreak reporting, an increase in consumption of fresh produce in general and an increase in cantaloupe consumption in particular, the report states. In the U.S., per capita consumption of cantaloupe increased from 5.8 lbs in 1980 to 11.3 lbs in 2002, researchers found.

All of the outbreaks studied over the 30-year period and the nine that have occurred since involve raw cantaloupe. Cantaloupes can become contaminated at various points from farm to table including pre-harvest, during harvest, packing, storage, processing and preparation. Researchers found examples of contamination at each of these points in their 30-year study. 

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The Oregon Health Authority's Public Health Division is without a doubt one of the leading public health authorities in the United States. When it comes to investigating contamination of our food supply and protecting citizens from E. coli, Salmonella, Listeria, Campylobacter, Botulism and other dangerous human pathogens that sicken one in six Americans every year, the state of Oregon is in elite company.

In a May 2010 feature story, the Oregonian newspaper called William Keene the state's “top foodborne illness detective” and credited him with saving lives for his work on outbreaks. “He's one of the food safety heroes in the U.S.,” Michael Osterholm, head of the Center for Infectious Disease Research and Policy at the University of Minnesota, said in the Oregonian story.

Now Del Monte Fresh Produce, N.A., Inc.. has filed a notice to sue the Oregon public health unit and Keene himself. The company said in a press release that its "Notice to Sue alerts the Oregon Health Authority's Public Health Division of  its conduct and misleading allegations regarding Del Monte Fresh's imported cantaloupes as the source of a Salmonella outbreak earlier this year despite the lack of sufficient factual basis.''

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The latest Salmonella cantaloupe outbreak update from the Centers for Disease Control and Prevention (CDC) indicates the addition of just one more case patient, with March 4 marking the most recent onset of Salmonellosis.

The outbreak strain of  Salmonella Panama has been confirmed in 13 people --  five from Oregon, four from Washington, two from California, one  from Colorado and one from Maryland. In Idaho, there was a report that more than 40 guests became ill after consuming the cantaloupe at a wedding reception.  The Idaho cases have not yet been formally linked to the outbreak, but law firm PritzkerOlsen, P.A., is investigating  on behalf of victims and an attorney at the firm can be reached online or at 1-888-377-8900 (Toll Free).

Twelve of the13 confirmed victims of this outbreak reported eating cantaloupe in the week before illness. Eleven of these 12 ill persons ate cantaloupes purchased at eight different locations of a national warehouse club. Using traceback information, investigators found that the cantaloupes were source for Del Monte at a single farm in Guatemala.

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Food safety law firm PritzkerOlsen, P.A., is nationally recognized for its experience in Salmonella litigation and other foodborne illness lawsuits. We represent victims to help them recover financially from the multiple harms of food poisoning. To contact the firm's claims center, call 1-888-377-8900 (Toll Free) or complete our contact form.

Given the historical association of cantaloupe with outbreaks of Salmonella and E. coli,  the Food and Drug Administration in the past has issued the following consumer guidelines to reduce the risk of food poisoning from cantaloupes. Pritzker Olsen Salmonella lawyers have reproduced the guidelines below:

• Purchase cantaloupes that are not bruised or damaged. If buying fresh-cut cantaloupe, be sure it is refrigerated or surrounded by ice.
• After purchase, refrigerate cantaloupes promptly.
• Wash hands with hot, soapy water before and after handling fresh cantaloupes.
• Scrub whole cantaloupes by using a clean produce brush and cool tap water immediately before eating. Don't use soap or detergents.
• Use clean cutting surfaces and utensils when cutting cantaloupes. Wash cutting boards, countertops, dishes, and utensils with hot water and soap between the preparation of raw meat, poultry, or seafood and the preparation of cantaloupe.
• If there happens to be a bruised or damaged area on a cantaloupe, cut away those parts before eating it.
• Leftover cut cantaloupe should be discarded if left at room temperature for more than two hours.
• Use a cooler with ice or use ice gel packs when transporting or storing cantaloupes outdoors.

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Salmonella on cantaloupe traced to a single farm in Guatemala  may have caused an outbreak of Salmonella Panama that has sickened a dozen people in Oregon (5 cases), Washington (4 cases), California (2 cases), and Maryland (1 case). The Centers for Disease Control and Prevention (CDC) is continuing to investigate in conjunction with FDA and various state health departments. Two of the victims of this food poisoning outbreak were hospitalized.

The cantaloupes were distributed through warehouse clubs in Alaska, California, Colorado, Idaho, Montana, Oregon, and Washington.

In the outbreak investigation, 11 of 12 ill persons reported eating cantaloupe in the week before illness. Ten of these 11 ill persons ate cantaloupes purchased at seven different locations of a national warehouse club. Information gathered with patient permission from membership card records helped determine that ill persons purchased cantaloupes sourced from a single farm in Guatemala.

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Newlyweds Taylor and Kyle Walker are doing their own investigation into a possible Salmonella outbreak involving their wedding guests. According to an interview of the couple on KTVB, the Boise, Idaho wedding reception included cascading fruit displays that contained cantaloupe purchased at Costco. In the days following the wedding, Costco called the wedding caterer and warned her that she had purchased a large quantity of cantaloupe that may have been contaminated with Salmonella Panama.

Taylor and Kyle Walker think that was the case and have done their own epidemiological study to help prove it, texting and calling guests to find out what they ate at the wedding. For legal claims, it is important to have microbiological evidence that supports the epidemiological evidence. Microbiological evidence includes a diagnosis of Salmonella Panama. Anyone still suffering from the symptoms of Salmonella who has not been specifically diagnosed should see a medical professional immediately. PFGE analysis should then be done . Pulsed-field gel electrophoresis (PFGE) is the DNA "fingerprinting" method that scientists use to determine the source of bacterial foodborne outbreaks.

Pritzker Olsen attorneys represent Salmonella outbreak victims throughout the United States. For a free consultation with a Salmonella lawyer at our law firm, call 1-888-377-8900 (toll free) or submit our free consultation form.

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Del Monte Fresh Produce N.A., Inc. (“Del Monte Fresh”) of Coral Gables, Florida has announced a recall of 4,992 cartons of cantaloupes.

The cantaloupes affected by this recall were distributed through warehouse clubs in Alaska, California, Colorado, Idaho, Montana, Oregon, and Washington. The recalled products consist of cartons of cantaloupes, each containing 4 plastic beige mesh sleeves each sealed with a plastic orange handle with the Del Monte logo and indication “3 count, Product of Guatemala” with 3 cantaloupes per sleeve and were available for sale between the 10th of March and the 21st of March, 2011. The cantaloupes, grown in and shipped from Del Monte Freshs’ farm Asuncion Mita in Guatemala, have a light brown color skin on the exterior, with orange flesh. The recalled cartons of cantaloupes are dark brown cardboard with the “Del Monte” logo in red lettering and “cantaloupes” in yellow lettering on a green background. The cantaloupes have the lot codes: 02-15-24-10, 02-15-25-10, 02-15-26-10 and 02-15-28-10.

The acute symptoms of Salmonella are nausea, vomiting, abdominal cramps, diarrhea, fever, and headache. In some cases Reiter's syndrome, a reactive arthritis, develops 3-4 weeks after onset of acute symptoms.

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Lab tests found Salmonella on "Majesty" cantaloupes packed by Five Crowns Marketing of Brawley, California.

In response, Five Crowns has issued a recall published by the Food and Drug Administration. The recall applies to melons shipped earlier this month to Alabama, California, Illinois, Michigan, Minnesota, New York, Ohio, Oregon, Pennsylvania and Tennessee.

No illnesses have been reported and the company believes the melons would have been sold by now. The Majesty cantaloupe recall applies to cartons packed November 4, 6 and 10 with lot numbers 198 2 or 198 3.

Salmonella is an organism, which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. Consumers who may have eaten this product and are experiencing the above symptoms should consult their health care provider.

For legal questions, call national food safety law firm Pritzker Olsen Attorneys at 1-888-377-8900 or complete our online contact an information form on the side of this web page. 

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