E. coli and Bagged Salads -- by Fred Pritzker
[This was first published on September 15.]
Here we go again. Another outbreak of E. coli O157:H7 associated with the consumption of bagged salads.
The FDA is warning consumers about an outbreak of E. coli O157:H7 in multiple states linked to bagged fresh spinach. To date, 131 cases of illness have been reported, including 20 cases of hemolytic uremic syndrome (HUS) and one death. According to news reports, genetic subtyping has confirmed that all of the victims have the same genetic outbreak pattern.
I represent people injured by E. coli O157:H7 and other foodborne pathogens. I know how the toxins from E. coli O157:H7 attack the human body and cause suffering and loss that no person should be forced to endure. And yet it continues to happen - another outbreak, more suffering, injury and death because bagged produce is not safe and continues to be sold to the American public.
Since bagged salads became popular in the 1990s, there have been repeated outbreaks of E. coli O157:H7 linked to these products. Why is this happening and why can't anything be done about it?
This is E.coli bacteria magnified 10,000 times: 
Low-temperature electron micrograph of a cluster of E. coli bacteria, magnified 10,000 times. Each individual bacterium is oblong shaped. Relatively few of these organisms are necessary to cause illness in humans.
E. coli is a normal inhabitant of the intestines of all animals, including humans. It contaminates lettuce and other salad vegetables when agricultural workers fail to wash their hands after going to the bathroom, when the produce is not properly cleaned after harvesting or when the water used to clean off the produce is itself contaminated with E. coli (often because of well contamination from feces-laden run off.
E. coli is also found on meat, particularly hamburger. But in the case of meat, the pathogen is usually killed off if cooked to an appropriate internal temperature. With bagged salad, however, there is no heat or "kill step" - what's in the bag ends up in your stomach and that's the problem. There is no way to safely and consistently remove E. coli from the contents of bagged salad.
Worse, the very process of packaging and distributing bagged salad increases the likelihood that it will harm consumers. That's because once E. coli is introduced into a salad bag, it may spread and grow. That growth may be enhanced if the bag is not properly handled from the time it is packaged until the time it is consumed.
These problems are enhanced by the lack of government oversight. Simply put, there are not enough USDA inspectors and not enough regulatory controls imposed on growers. Worse, some of the pre-packaged salad contents are produced outside U.S. borders where regulation and control is even more lax than in this country.
So what should be done?
First, unless and until these products can be guaranteed to be free of E. coli O157:H7, they should not be sold.
Second, even if not pulled from the market, producers should be required to warn consumers on the salad bag itself that the product is inherently unsafe and can cause serious injury or death. In addition to the warning, the bags should include detailed instructions regarding the manner in which the produce should be washed and sanitized in order to further reduce the risk of E. coli O157:H7 contamination.
Third, the source and country of origin of the produce contents should be labeled on each bag. At the very least, consumers should have a right to know where and from whom their produce originates?
Fourth, state and federal inspection of growers and packers must be increased.
Fifth, food safety practices (of the sort required of the meat industry) including HACCP, SSOP and GMPs must be applied to the produce industry.
I have seen too many people harmed by these and other unsafe food products. There is no excuse for this continuing to happen. The time to act is now!
About Fred Pritzker
Fred Pritzker has been practicing law for over 29 years. He is one of a handful of attorneys in the United States that practices extensively in the area of foodborne illness litigation, including E. coli lawsuits. He filed the first lawsuit against Dole on behalf of a victim of the 2005 E. coli outbreak that was linked to Dole lettuce. He and his team at Pritzker | Ruohonen have won millions of dollars on behalf of victims of E. coli O157:H7 and other foodborne outbreaks. Fred Pritzker has a national food poisoning lawsuit practice and represents clients throughout the United States. To contact Fred Pritzker, call toll-free at 1-888-377-8900, e-mail fhp@pritzkerlaw.com, or fill out our online consultation form.
