1. 1 William D. Marler, Esq. Marler Clark LLP PS bmarler@marlerclark.com “Put me out of business - Please”

2. 2 That unfortunate fact doesn’t serve [ ] the law profession, but I assure you people like myself in hospitality training and certification are doing [our] best to put people like you out of business, first and foremost for the customers[‘] safety, secondly because for once it would be to take food out [of] a lawyer’s mouth... Sort of ironic, you shut down restaurants, I shut down lawyers... Lol Have a bad, bad day you Parasite. FDA food code instructor

3. 3 Lettuce and Spinach 21 E. coli outbreaks since 1995 –At least 1,000 reported illnesses and 7 deaths Fresh or fresh-cut lettuce or spinach implicated as outbreak vehicle 8 outbreaks traced back to produce from Salinas, California

4. 4 Recent E. coli Outbreaks July 2002 – WA Dance Camp –50 dance campers sickened, several hospitalized, one with life-long kidney damage –“Pre-washed” lettuce September 2003 – CA Restaurant –40 patrons ill –Salads prepared with bagged, “pre-washed” lettuce October 2003 – CA Retirement Center –13 residents sickened, 2 died –“Pre-washed” spinach Produce from all three outbreaks came from California’s Salinas Valley.

5. 5 Prior FDA Warnings 1998 – FDA “Guide to Minimize Microbial Food Safety Hazards for Fruits and Vegetables” –Specifically designed to assist growers and packers in the implementation of safer manufacturing practices 2004 – FDA letter to the lettuce and tomato industries –To “make them aware of [FDA’s] concerns regarding continuing outbreaks associated with these two commodities and to encourage the industries to review their practices”

6. 6 2005 Dole E. coli Outbreak 23 laboratory-confirmed cases of E. coli O157:H7; 7 epi-linked cases September 16 to September 30 onset 2 cases of HUS Cases in MN, OR, and WI Statistically associated with eating Dole pre- packaged lettuce “Smoking Gun” – found in bag

7. 7 FDA – “Adulterated” – 2005 FDA cited to research linking some or all of the outbreaks to sewage exposure, animal waste, and other contaminated water sources FDA considers “adulterated” any ready to eat crops produced under unsanitary conditions §402(a)(4) of the Food, Drug, and Cosmetic Act “In light of continuing outbreaks associated with fresh and fresh-cut lettuce and other leafy greens, particularly from California, we are issuing this second letter to reiterate our concerns and to strongly encourage firms in your industry to review their current operations.”

8. 8 CADHS to Western Growers - 2006 A reassessment of current manure composting regulations…in light of recent scientific findings An assessment of…septic tank systems that may leak/flow into agricultural ditches or creeks bordering fields used to grow ready-to-eat produce An assessment of…farm worker access to portable toilets and hand washing facilities

9. 9 CADHS to Western Growers – 2006, cont. An assessment of the locations of fields known to flood frequently An assessment of the need for…mandatory GAPs and/or HAACP Plans

10. 10 2006 Wendy’s E. coli Outbreak Utah - June 2006 E. coli O21:H19 - only 3 culture-positive case, although over 50 cases probable 3 HUS, 2 adult women, 1 with 30 days, the other with 4 months of dialysis Likely lettuce from California

11. 11 2006 Dole E. coli Outbreak 204 persons infected with outbreak strain of E. coli O157:H7 from 26 states 102 hospitalized 31 developed HUS Five deaths

12. 12 2006 Dole E. coli Outbreak E. coli O157:H7 –Isolated from 13 packages of Dole spinach –“DNA fingerprints” of all 13 match the outbreak strain of ill people –Same strain found on 1 of 4 farms that supplied spinach to a single manufacturing facility on a particular day - cow pies, water source and wild pig gut –Other E. coli strains have now been isolated - human and bags

13. 13 2006 Taco E. coli Outbreaks At least 150 sickened in 7 States dozens hospitalized several HUS cases Two outbreaks separated by a few weeks Different suppliers and growers Lettuce grown in California

14. 14 Civil Litigation - How it works Strict Liability The only defense is prevention Wishful thinking does not help If you manufacture a product that causes someone to be sick you are going to pay

15. 15 Dole E. coli Litigation Status At least 16 suits filed in 11 States - State and Federal Courts Defendants - Dole, Natural Selection Foods Other possible defendants?

16. 16 Taco E. coli Litigation Status To date 12 lawsuits filed in Courts in 5 States Taco Bell and Ready-Pac Taco John’s and Bix Lettuce supplier to Bix - Outbreak PFGE found on nearby Farm

17. 17 The Discovery Arsenal Interrogatories Requests for production Requests for inspection Request for admission Third-party subpoenas FOIA requests Depositions Motions to compel

18. 18 Jack in the Box – Where it all Began

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21. 21 What Will a Jury Think? A Jury = 12 Consumers

22. 22 Questions? See www.marlerblog.com