In the future, we might look back at 2013 as the year the Food Safety Modernization Act (FSMA) finally got some teeth. In January, the Food & Drug Administration (FDA) released two long awaited proposed rules, one aimed at food manufacturers and the other at farmers. A third rule is still in the drafting process… Continue Reading
Category Archives: Foodborne Illness
Subscribe to Foodborne Illness RSS FeedFDA Prepares to Release a Regulation on the Labeling of “Gluten-Free” Food by the End of 2012
Posted in False-Labeling Claims, Litigation Trends, Products LiabilityThe Food & Drug Administration (FDA) is preparing to release a regulation on the labeling of “gluten-free” food by the end of 2012. Although the regulation will provide much needed guidance to consumers and food manufacturers, it will also establish a standard that food manufactures will need to follow in order to use a “gluten-free”… Continue Reading
Are California Food Manufacturers Prepared for Proposition 37: Imposed Labeling Mandates For Genetically Modified Organisms?
Posted in California Courts, False-Labeling Claims, Foodborne Illness, Litigation TrendsCalifornia’s Secretary of State recently announced that the California Right to Know Labeling Initiative will be Proposition 37 on this November’s state ballot. If passed, this initiative would require labeling by food manufacturers of any genetically modified organisms (GMOs), also known as genetically engineered organisms (GEOs). GMOs made their first public appearance in 1994, when… Continue Reading
Hannaford Markets Recall Several Deli Items Due to Risk of Listeria
Posted in Foodborne IllnessRecently Hannaford’s Markets recalled three meatball products due to possible Lysteria monocytogenes contamination. The three products, all of which are sold in the deli department, are: Homestyle Meatballs with Sauce Meatball Panini (cold) Meatball Panini (hot) Hannaford has stores throughout New England, including locations inMassachusetts,New Hampshire andVermont. All three products are manufactured by Buona Vita,… Continue Reading
Cargill Initiates Salmonella-Related Recall Of Ground Beef Distributed In The Northeast
Posted in Foodborne IllnessOnJuly 22, 2012, Cargill Meat Solutions Corporation (“Cargill”) announced a Class I voluntary recall of approximately 30,000 pounds of fresh ground beef due to contamination from Salmonella Enteritidis. The recall follows a Salmonella outbreak involving 33 patients in seven states (MA, ME, NH, NY, RI, VA, VT). An investigation performed by the Food Safety and… Continue Reading
Ben & Jerry’s Recall: Container Label Missing Nut Allergen Advisory in Chocolate Nougat Crunch
Posted in Foodborne Illness, Products LiabilityWith the Summer Solstice only days away, and peak ice cream eating season upon us, Unilever,PLC, the company which owns Ben & Jerry’s, is voluntarily recalling pints of Ben & Jerry’s Chocolate Nougat Crunch Ice Cream because the container label does not include a statement which warns that the product was manufactured on equipment also… Continue Reading
UPDATE: The Pink Slime Backlash
Posted in Foodborne IllnessAs we reported several weeks ago, there has been a media fueled public outcry against the inclusion of Pink Slime, which is otherwise known as, “lean finely textured beef,” or “LFTB,” in ground beef. LFTB is comprised of the beef scraps which remain after the valuable cuts of meat are sold. These pieces of meat… Continue Reading
USDA Tightens Oversight and Announces New Foodborne Illness Measures
Posted in Foodborne IllnessOn May 2, 2012, the United States Department of Agriculture (“USDA”) announced a series of prevention-based policy measures that it believes will better protect consumers from foodborne illness in meat and poultry products. The USDA states that the purpose of these new regulations is to better allow both manufacturers and the USDA to: (1)… Continue Reading
FDA Pumps The Brakes On Nanotechnology In The Food Industry
Posted in Foodborne Illness, Litigation TrendsNanotechnology is a cutting edge technology which involves the use of engineered, non-soluble material so tiny, it cannot be seen through a light microscope. Through manipulation of the chemical, physical and biological properties of nanomaterials, manufacturers can significantly alter the product into which they are added. The potential capabilities of this technology in the food industry are… Continue Reading
What is Pink Slime and Why is It in My Burger?
Posted in Foodborne IllnessNever has the saying, “ignorance is bliss,” been more true than in the context of the ground beef filler known as “pink slime.” Pink slime, which is known in the food industry as “lean finely textured beef,” or “LFTB,” has been a commonly used ingredient in ground beef for more than two decades. It is… Continue Reading
Can The Food Service Industry Navigate The USDA’s Zero Tolerance Policy on E.coli and Still Put Food On The Table?
Posted in Foodborne Illness, Litigation TrendsCo-authored by Brian Gross The USDA has recently announced that it will delay implementation of a controversial new program to extend its Zero Tolerance Policy for E. coli 0157:H7 to include six additional E. coli serogroups: O26; O45; O103; O111; O121; and O145, which the USDA declared adulterants in non-intact raw beef. The new policy, which… Continue Reading
Food Safety: Assessing The Future Of Third-Party Auditors
Posted in Foodborne IllnessCo-authored by Brian Gross A company’s interest in protecting its brand by providing a safe product to consumers, in conjunction with the increased regulatory requirements set forth under the Food Safety Modernization Act (FSMA) require that entities active in the food supply chain take appropriate measures to verify that their suppliers comply with Current Good Manufacturing… Continue Reading
Congress Boosts FDA’s Ability to Effectuate Food Safety Modernization Act
Posted in Foodborne Illness, Products LiabilityCo-authored by Brian Gross In our October 25, 2011 post, Food Safety Modernization Act: Did Congress Bite Off More Than It Can Chew? we expressed concern regarding the FDA’s ability to fully implement the Food Safety Modernization Act (“FSMA”) given its budgetary restrictions. As outlined in our prior post, FSMA provides for increased regulation and oversight… Continue Reading
Food Safety Modernization Act: Did Congress Bite Off More Than It Can Chew?
Posted in Foodborne Illness, Products LiabilityCo-authored by Brian Gross The recently enacted Food Safety Modernization Act (FSMA), which was signed into law by President Obama on January 4, 2011, provides the U.S. Food and Drug Administration (FDA) with increased power. The FSMA, which represents the culmination of more than a decade long effort to reform this country’s food safety oversight system,… Continue Reading
Raw Milk: The Dangerously Overlooked Source of Food Borne Illness
Posted in Foodborne IllnessCo-authored by Brian Gross When people consider the potential sources of food borne illness, they commonly think of raw meat and contaminated produce. Food, however, is not the only source of food borne illness. In fact, one of the most common and dangerous sources of food borne illness is raw milk. Recently, a group of sixteen… Continue Reading
Cargill Turkey Contaminated With Salmonella Bacteria Results In National Recall
Posted in Foodborne Illness, Products LiabilityCo-authored by Brian Gross Cargill Meat Solutions Corporation (“Cargill”) recently announced the voluntary recall of approximately 36 million pounds of ground turkey believed to be contaminated with salmonella. The recall represents approximately 6% of the national production of ground turkey in a given year. Federal Health authorities have attempted for several months to determine the source… Continue Reading
Food Suppliers Begin Additional “In-House” Non-legislated Food Safety Testing
Posted in Foodborne IllnessCo-authored by Brian Gross One of my favorite summer smells is that of the backyard BBQ. The aroma of hotdogs, hamburgers and pasta salad will forever be linked to memories of satisfying meals enjoyed in the company of my close friends and family. I’m sure many of you have similarly happy associations with the great American pastime… Continue Reading
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Brian Gross
Brian D. Gross is a partner at Cooley Manion Jones who has extensive experience in a broad spectrum of litigation. He is also a member of several corporate defendants’ national trial teams. MoreContributors
Jonathan Tabasky
Jonathan Tabasky has defended product liability and toxic tort claims throughout New England. Jon represents an array of companies, including those that manufacture prescription drugs, protective clothing, fittings, heating devices, wire and cable, trucks, aircraft and turbines. More
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Michael R. Brown is an associate in the Boston office of Cooley Manion Jones, where his practice focuses on commercial disputes and products liability actions. More
Carrie Lin
Carrie Lin is an associate in Cooley Manion Jones' San Francisco office. Her civil litigation practice focuses on tobacco and asbestos matters as well as the prosecution of employment class action matters. More
Eric Skelly
Eric Skelly is an associate with Cooley Manion Jones. He is a civil litigator who focuses his practice on all aspects of civil litigation including food liability matters, business and commercial disputes, products liability, and toxic torts. More
Margaret Moran
Margaret Moran is an associate with Cooley Manion Jones where her practice focuses on civil litigation, including products liability and complex torts litigation. More
Shaina Rasmussen
Shaina Rasmussen is an associate in Cooley Manion Jones’ Products Liability and Complex Tort Defense Practice Group. Prior to joining CMJ, Shaina worked as a Direct Claims Manager and Mass Tort and Environmental Litigation attorney. More
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April M. Luna is an associate in the firm’s Boston office. Her civil litigation practice focuses on toxic tort and products liability litigation. More
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