Post on 18-Nov-2014
description
transcript
When can Civil Litigation be Used as a Tool to Change Policy and Behavior?
20 Years at the Table
Food Production is a Risky Business
• Competitive Markets
• Stockholder Pressures for Increasing Profits over Long-term Safety
• Lack of Clear RewardFor Marketing and Practicing Food Safety
• Brand Awareness Risks
It is Global Food Economy
To Put Things in Perspective
• Microbial pathogens in food cause an estimated 48 million cases of human illness annually in the United States
• 125,000 hospitalized
• Cause up to 3,000 deaths
Estimates Differ From Actual Counts
• Annual E. coli O157:H7
Estimates:
– 62,000 illnesses
– 1,800 hospitalizations
– 52 deaths
Bottom Line: Most Victims Never Linked
E. coli O157:H7 SalmonellaPatterns Submitted 5,37629,168Clusters Identified 67 176Multi-state Clusters 36 152Epi Investigation 19 30Vehicle Implicated 4 8Regulatory Activity 4 8
Incubation Periods of Common Foodborne Pathogens
PATHOGEN INCUBATION PERIOD
Staphylococcus aureus 1 to 8 hours, typically 2 to 4 hours.
Campylobacter 2 to 7 days, typically 3 to 5 days.
E. coli O157:H7 1 to 10 days, typically 2 to 5 days.
Salmonella 6 to 72 hours, typically 18-36 hours.
Shigella 12 hours to 7 days, typically 1-3 days.
Hepatitis A 15 to 50 days, typically 25-30 days.
Listeria 3 to 70 days, typically 21 days
Norovirus 24 to 72 hours, typically 36 hours.
Ill person
Specimen collection
The Long Pathway of a Foodborne Illness Investigation
Health Care Provider
Organism identified
Ill person
Organism identified
Specimen collection
The Pathway Continued
Health Care Provider
Epidemiologic investigation
Public Health Laboratory
If there are more ill persons than expected, an
OUTBREAK might be underway
Ill person
Organism identified
Specimen collection
Almost to the End
Health Care Provider
Epidemiologic investigation
Public Health Laboratory
Environmental investigation
Product Trace BackPRODUCT RECALL
What we all want to Avoid
Litigation as Incentive – 20 Years Later
OdwallaJack in the Box
The 1994 Revolution
Politics and Philosophy Matter
Magic Moment?
• 2006 Spinach 205 sickened and 5 deaths
• 2007 Peanut Butter746 sickened and 3 years of product recalled
• House and Senateparty switch
Well, Not Quite So Fast
• 2007 Hamburger paralyzed dancer – Front Page of New York Times and a Pulitzer Prize
• 2009 Cookie Dough mother of six hospitalized 2 years – Front Page Washington Post
What About Industry?
• Tomato, errr, Pepper Outbreak
• Peanut Butter Again - $1 Billion in Recall and Economic Losses
2009 – The Magic Moment
Consumers and Industry Coming Together
Even Comedians Like Safe Food
“WE” Won!
Well, Not Quite Yet
"I would not identify it as something that will necessarily be zeroed out, but it is quite possible it will be scaled back if it is significant overreach," said Rep. Kingston, who is likely to become chairman of the subcommittee when Republicans assume control of the House in January.
"We still have a food supply that's 99.99 percent safe," Rep. Kingston said in an interview. "No one wants anybody to get sick, and we should always strive to make sure food is safe. But the case for a $1.4 billion expenditure isn't there."
Questions