When Nebraska Beef first raised the issue that it intended to sue the church for “mishandling” its E. coli O157:H7 contaminated meat I laughed.  I then calmly tried to respond that the Meat Industry that makes a profit off of selling “USDA Inspected Meat” couldn’t blame the consumer if the product actually contains a pathogen that can severely sicken or kill a bunch of nice older ladies at a church supper.  What other product in the United States would a manufacturer expect consumers to fix themselves before they used it?
 
My calmness faded. Think about the little labels on meat that you buy in the store – the ones that tell you to cook the meat to 160 degrees – of course they also say USDA inspected too. However, the labels do not say:

“The USDA inspection means nothing.  This product may contain pathogenic bacteria that can severely sicken or kill you and/or your child.  Handle this product with extreme care.”

I wonder why the Meat Industry does not want a label like that on your pound of hamburger? It knows that the label is truthful. Do you think it might be concerned that Moms and Dads would stop buying it? The day the industry puts a similar label on hamburger is the day that I will go work for them.
 
The reality is that the Meat Industry cannot assure the public that the meat we buy is not contaminated. So, instead of finding a way to get cattle feces out of our meat, they blame grandparents (and presumably all the teenagers that work at all the burger joints in America) when children get sick.
 
Consumers can always do better. However, study after study shows that, despite the CDC estimated 76 million people getting sick every year from food borne illnesses, the American public still has misconceptions and overconfidence in our Nation’s food supply.
 
According to a study by the Partnership for Food Safety Education, fewer than half of the respondents knew that fresh vegetables and fruits could contain harmful bacteria, and only 25% thought that eggs and dairy products could be contaminated. Most consumers believe that food safety hazards can be seen or smelled. Only 25% of consumers surveyed knew that cooking temperatures were critical to food safety, and even fewer knew that foods should be refrigerated promptly after cooking. Consumers do not expect that things that you cannot see in your food can kill you.

Consumers are being blamed, but most lack the knowledge or tools to properly protect themselves and their children. The FDA has stated, “unlike other pathogens, E. coli O157:H7 has no margin for error. It takes only a microscopic amount to cause serious illness or even death.” Over the last few years our Government and the Meat Industry have repeatedly told the consumer to cook hamburger until there is no pink. Yet, recent university and USDA studies show meat can turn brown before it is actually “done.” Now the consumer is urged to use a thermometer to test the internal temperature of the meat. However, how do you use one, and who really has one?

Many consumers wrongly believe the Government is protecting the food supply. How many times have we heard our Government officials spout “The US food supply is the safest in the world.”

Where is the multi-million dollar ad campaign to convince us of the dangers of hamburger, like we do for tobacco? The USDA’s FightBAC and Thermy education programs are limited, and there are no studies to suggest that they are effective. Most consumers learn about food safety from TV and family members – If your TV viewing habits and family are like mine, these are highly suspect sources of good information.

The bottom line is that you cannot leave the last bacteria “Kill Step” to a grandparent or to a kid in a fast food joint. The industry that makes billions off of selling meat must step up and clean up their mess. They can, and someday will, if I have anything to say about it. That day will come much faster if they start working on it now, and stop blaming the victims.

William D. Marler of Marler Clark LLP PS, (www.marlerclark.com) is a trial lawyer who represents victims of food-borne illnesses, and the father of three daughters.  Bill comments on food safety at www.marlerblog.com and can be reached at 1-206-719-4705.