More Tomato Info

The Food and Drug Administration is alerting consumers nationwide that a salmonellosis outbreak appears to be linked to consumption of certain types of raw red tomatoes and products containing raw red tomatoes. The bacteria causing the illnesses are Salmonella serotype Saintpaul, an uncommon type of Salmonella.

The specific type and source of tomatoes are under investigation. However, preliminary data suggest that raw red plum, raw red Roma, or raw round red tomatoes are the cause. At this time, consumers should limit their tomato consumption to tomatoes that have not been implicated in the outbreak. These include cherry tomatoes, grape tomatoes, tomatoes sold with the vine still attached, and tomatoes grown at home.

Update on the Outbreak

June 10, 2008: The Food and Drug Administration has expanded its warning to consumers nationwide that a salmonellosis outbreak has been linked to consumption of certain raw, red tomatoes.

At this time, FDA is advising consumers to limit their consumption of tomatoes to the following types of tomatoes. The following types of tomatoes listed below are NOT likely to be the source of this outbreak.

* cherry tomatoes
* grape tomatoes
* tomatoes sold with the vine still attached
* tomatoes grown at home

Also, FDA recommends consuming raw red plum, raw red Roma, or raw red round tomatoes only if grown and harvested from the following areas that HAVE NOT BEEN ASSOCIATED WITH THE OUTBREAK:

Alabama
Arkansas
California
Georgia
Hawaii
Louisiana
Maine
Maryland
Minnesota
Mississippi
New York
Nebraska
North Carolina
Ohio
Pennsylvania
South Carolina
Tennessee
Texas
West Virginia

Belgium
Canada
Dominican Republic
Guatemala
Israel
Netherlands
Puerto Rico

Consumers who are unsure of where the tomatoes are from that they have in their home are encouraged to contact the store or place of purchase for that information.

Consumers should also be aware that raw tomatoes are often used in the preparation of fresh salsa, guacamole, and pico de gallo, are part of fillings for tortillas, and are used in other dishes.

Restaurants, grocery stores, and food service operators have been advised by the FDA not to offer for sale or service raw red plum, Roma, or red tomatoes and products made from these types of tomatoes unless they are from one of the areas listed above.

Since mid April, there have been 167 reported cases of salmonellosis nationwide caused by Salmonella Saintpaul, an uncommon form of Salmonella. At least 23 hospitalizations have been reported.

Omission is Commission

This is an open letter to the public-at-large. I hope this may help families particularly in Utah and other Western States like Idaho, Wyoming, Colorado, Nevada, Arizona and New Mexico, where E. coli has been prevalent recently and has injured and even caused death.

E. coli has dramatic effects and unfortunately, it appears to be again on the rise after a downward trend. I have been involved with E.coli cases involving Dole, Wendy's, and other companies serving hamburger, spinach and lettuce. It's impact is devastating. Some may read this and believe that I'm just an attorney out to make a buck. While it is true this is what I do for a living and I do make money suing companies that harm my client's, making money for myself and my client's is not why I do it. I do it to help stop the spread of this leading cause of foodborne illness. Companies will change when their pocketbooks are hurt and they start to see the faces and families that they hurt. Their insurers will do likewise.

I live in the conservative State of Utah. Many residents of the West are conservative, strong willed and independent, all great qualities. I commonly am confronted with the notion that suing is inherently evil or immoral. Some have even suggested that the loss of life or permanent damage caused by an illness like E. coli, is even God's will and that the best thing to do, is move on and not involve themselves in a lawsuit. I truly try to appreciate and respect all points of points of view and certainly being non-litigious is a valid point of view. I have even written about using litigation as a last resort. I feel for families confronted with such great loss and their willingness to forgive. But there is a difference between forgiving and forgetting. You don't have to hate a company to pressure it to change. On the other hand, just forgetting about it, in my opinion, is wrong.

Unfortunately, the real world is not fair. The star money players in agri-business don't even play in the same arena as you and I. They are surrounded with legal armor and quite frankly, don't want you to show up, they'd just rather focus on market share and making money. When something that can literally kill is allowed to continue because agri-business has not cleaned up it's act, it is not fair. But doing nothing and allowing it to happen becomes part of the problem. If you don't want to make money after you or a family member has gone through the suffering of E. coli and perhaps HUS, donate the money you will potentially receive to a hospital, to a charity that helps survivors, or create a scholarship fund for a deserving medical student. In other words, do something good! Doing nothing is not acceptable. What we have been waiting for is you. Be the difference. Confronting the producers and sellers of E. coli tainted food is the right thing to do, not only for you, but others that need your example of doing. That's why, I would argue in great measure, that we saw a downward trend in the 1990's. Clients and their attorneys such as the pioneering law firm Marler Clark were and still are taking it to the businesses that cause the problem. Agri-business started to clean up their act. They started to get the message. Rational inaction will not win this fight. We need you. If you were hurt by E. coli, don't let it continue to hurt by doing nothing.