“Poisoned Food: Lawsuits and Food Safety

Bill Marler

To Put Things in Perspective

• According to the CDC, pathogens cause an estimated 48 million cases of human illness annually in the U.S.

• 125,000 hospitalized

• Cause up to 3,000 deaths

• Most Illnesses are not linked together nor to a product

Strict Product Liability

• Negligence– Are you a

product seller?– Did you act

“reasonably”?

• Strict Liability– Are you a

manufacturer?– Was the product

unsafe?– Did product

cause injury?

• Punitive Damages/Criminal Liability– Did you act with

conscious disregard of a known safety risk?

Who is a Manufacturer?

A “manufacturer” is defined as a “product seller who designs, produces, makes, fabricates, constructs, or remanufactures the relevant product or component part of a product before its sale to a user or consumer.”

• The only defense is prevention

• It does not matter if you took all reasonable precautions

• If you manufacture a product that makes someone sick you are going to pay

• Wishful thinking does not help

It’s called STRICT Liability for a Reason

Worthless Excuse No. 1

“I never read the memo.”

Jack in the Box

Jack in the Box

Jack in the Box

Strange Bugs – Non-O157 E. coli

• E. coli O104:H4

• 4,321 Ill, 852 with Hemolytic Uremic Syndrome

• 50 Dead

• Six U.S. Cases

• Egyptian Fenugreek Seeds Likely Source

Bugs in Strange Places

• Listeria – Tainted Cantaloupe

• 145 Sickened with over 30 Deaths

• First Outbreak Linked with Cantaloupe and Listeria

Bugs in Stranger Places

• 72 E. coli O157:H7 Illnesses – 10 with Hemolytic Uremic Syndrome

• Likely Source – Tainted Flour

• Nestle now uses Heat Treated Flour

Lessons Learned From An Outbreak

You can insure your reputation

1. Arm yourself with good, current information

2. Since you have a choice between doing nothing or being proactive, be proactive

3. Make food safety part of everything you do

4. Believing your food is safe is not enough

Some Resources for All

• Learn About E. coli

• Learn About Salmonella

• Learn About Listeria

• Learn About Shigella

• Learn About Campylobacter

• Learn About Hepatitis A

• Learn About Botulism

• Learn About Norovirus

Questions