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