Tag: E. coli
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Federal Audit Faults FSIS for Failure to Test Mechanically Tenderized Beef for E. Coli
A U.S. Department of Agriculture Office of Inspector General audit report titled “FSIS E. coli Testing of Boxed Beef” concludes that the Food Safety and Inspection Service (FSIS) must reevaluate its E. coli testing methodology and “take additional steps to ensure that beef to be ground throughout the production process—from Federally inspected slaughter establishments to…
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CDC Issues Study on Foodborne Illnesses
The Centers for Disease Control and Prevention (CDC) has issued a report titled “Attribution of Foodborne Illness, Hospitalizations, and Deaths to Food Commodities by using Outbreak Data, United States, 1998-2008,” based on data involving 17 food categories and the roughly 48 million people who “get sick from food eaten in the United States” each year.…
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FSIS Implements ‘Hold and Test’ Policy For Poultry and Beef
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced that, as of February 8, 2013, it will require producers of non-intact raw beef and all ready-to-eat products containing meat and poultry to hold shipments until they pass agency testing for foodborne pathogens. FSIS announced its plan to implement this policy in…
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Appellate Court Affirms E. Coli Verdict Against Nebraska Meat Supplier
The First Circuit Court of Appeals has upheld a jury verdict tracing the source of E. coli-contaminated beef to Greater Omaha Packing Co. thus sustaining a third-party indemnification claim against it. Long v. Fairbank Reconstruction Corp. v. Greater Omaha Packing Co., No. 12-1412 (1st Cir., decided November 21, 2012). Two Maine residents sickened in the…
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Canadian Victims of Contaminated Beef File Class Action Claims
Two British Columbia residents have reportedly filed individual and putative class action suits against the Canadian meat processor that was forced to recall 1,800 ground beef products in an E. coli contamination outbreak that involved retail chains in the United States and Canada. The class action, filed October 12, 2012, by Erin Thornton in B.C.…
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Alleged E. Coli Injury Claims Filed in Canada
An Edmonton, Alberta, resident has filed a putative class action against a beef processor with operations in Alberta and Nebraska, alleging that he became severely ill from consuming the company’s beef, which was recalled in September 2012 due to an E. coli outbreak. Harrison v. XL Foods Inc., No. 1203-14727 (Can. Alta. Q.B., filed October…
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Tenth Circuit Limits E. Coli Insurance Coverage
The Tenth Circuit Court of Appeals has determined that a 2008 E. coli outbreak involving food prepared and served at a restaurant and a catered event constituted a single occurrence under the relevant insurance policies, thus reversing a magistrate judge’s conclusion that there were two occurrences and application of the policies’ aggregate limits rather than…
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Court Rulings: Damages Apportioned Along Supply Chain in E. Coli Litigation, Taco Bell Cleared of Unauthorized Text Message Claims, “Heart Attack” and “Bypass” Sandwich Dispute Resolved, False Ad Suit over Muscle Milk® to Proceed, Skinny Girl Margarita® “All Natural” Claims Survive Motion to Dismiss, Conditions Imposed on Pesticide Spraying
The Wisconsin Supreme Court has decided which of the parties sued over an E. coli outbreak that sickened dozens of Sizzler Steak House patrons in 2000 and caused the death of a 3-year-old are liable for consequential damages, indemnity and costs under various supply chain and insurance contracts. Kriefall v. Sizzler USA Franchise, Inc., Nos. 2009AP1212 &…