“Poisoned Food: Lawsuits and Food Safety Bill Marler 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. According to the CDC, pathogens cause an estimated 48 million cases of human illness annually in the U.S. 125,000 hospitalized 125,000 hospitalized Cause up to 3,000 deaths Cause up to 3,000 deaths Most Illnesses are not linked together nor to a product Most Illnesses are not linked together nor to a product

Strict Product Liability Negligence Negligence – Are you a product seller? – Did you act “reasonably”? Strict Liability Strict Liability – Are you a manufacturer? – Was the product unsafe? – Did product cause injury? Punitive Damages /Criminal Liability 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 The only defense is prevention It does not matter if you took all reasonable precautions It does not matter if you took all reasonable precautions If you manufacture a product that makes someone sick you are going to pay If you manufacture a product that makes someone sick you are going to pay Wishful thinking does not help 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 E. coli O104:H4 4,321 Ill, 852 with Hemolytic Uremic Syndrome 4,321 Ill, 852 with Hemolytic Uremic Syndrome 50 Dead 50 Dead Six U.S. Cases Six U.S. Cases Egyptian Fenugreek Seeds Likely Source Egyptian Fenugreek Seeds Likely Source

Bugs in Strange Places Listeria – TaintedCantaloupe Listeria – TaintedCantaloupe Listeria – TaintedCantaloupe Listeria – TaintedCantaloupe 145 Sickened with over 30 Deaths 145 Sickened with over 30 Deaths First Outbreak Linked with Cantaloupe and Listeria First Outbreak Linked with Cantaloupe and Listeria

Bugs in Stranger Places 72 E. coli O157:H7 Illnesses – 10 with Hemolytic Uremic Syndrome 72 E. coli O157:H7 Illnesses – 10 with Hemolytic Uremic Syndrome Likely Source – Tainted Flour Likely Source – Tainted Flour Nestle now uses Heat Treated 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 E. coli About E. coli About E. coli Learn About Salmonella Learn About Salmonella About Salmonella About Salmonella Learn About Listeria Learn About Listeria About Listeria About Listeria Learn About Shigella Learn About Shigella About Shigella About Shigella Learn About Campylobacter Learn About Campylobacter About Campylobacter About Campylobacter Learn About Hepatitis A Learn About Hepatitis A About Hepatitis A About Hepatitis A Learn About Botulism Learn About Botulism About Botulism About Botulism Learn About Norovirus Learn About Norovirus About Norovirus About Norovirus

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