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Empowering Employees to Protect Food Integrity Washington DC November 20, 2009. The Legal Arsenal. Interrogatories Requests for production Requests for inspection Request for admission Third-party subpoenas Depositions Motions to compel. Litigation At Work – A Bit(e) of History.
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Empowering Employees to Protect Food Integrity Washington DC November 20, 2009
The Legal Arsenal • Interrogatories • Requests for production • Requests for inspection • Request for admission • Third-party subpoenas • Depositions • Motions to compel
Litigation At Work – A Bit(e) of History Jack in the Box - 1993 Odwalla - 1996
Peanut Butter and Salmonella – Again! • Over 714 persons infected with the outbreak strains of Salmonella Typhimurium have been reported from 46 states • Over 150 people hospitalized • At Least Nine Deaths • Over 4,000 products recalled • Bankruptcy • Criminal Prosecution? • $ Billion lost
Cookie Dough and E. coli? • The Colorado Department of Public Health and Environment (CDPHE) issued a press release announcing an outbreak of E. coli O157:H7. • The CDC eventually revealed that 80 people in 33 states have been sickened, and that epidemiological evidence was strong that the vehicle was Nestle Toll House uncooked cookie dough
Hamburger is Back – Why? • Complacency: After five years of progress with the E. coli problem, one wonders if meat processors have consciously or unconsciously slacked off, relaxing their testing procedures so that they are less likely to detect tainted meat. • Better Reporting: More doctors are more likely to recognize the symptoms of E. coli poisoning, thereby increasing the chances that an outbreak will be detected, leading to a recall.
Hamburger is Back – Why? • Global Warming:Too dry?One theory has it that drought through much of the southeast and southwest has led to more fecal dust wafting in the breezes through beef-slaughtering plants, creating new avenues for beef to become tainted. Too wet?This theory focuses on excessive rainfall in other regions, which leads to muddy pens that serve as an ideal vehicle for E. coli at meat-processing plants.
Hamburger is Back – Why? • High oil prices:The theory is that $3 gas has fueled the growth of ethanol plants. Those plants tend to be built next to feedlots, because the plants produce a byproduct called distiller’s grains, which serves as an excellent feed for livestock. Problem is, according to research at Kansas State University, the distillers grain also increases the incidence of E. coli in the hindguts of cattle.
Hamburger is Back – Why? • Illegal Immigration:Wait, perhaps not. The New York Times reported that immigration officials began a crackdown at slaughterhouses across the country last fall. Some now are hiring men from homeless missions and providing free transportation to many of them. Hmmm, an influx of unskilled, but U.S. workers, with no experience and high turnover.
