Killer cantaloupe and the fraud of third party audits: Feel safe, now that lawsuits from Listeria outbreak that killed 33 are settled?

The legal fallout from one of the most deadly outbreaks of foodborne illness in decades has settled, according to an attorney involved in the litigation.

jensen.cantaloupe.2The Washington Post reports lawsuits involving more than 20 defendants in the outbreak of listeria in cantaloupe that killed 33 people and sickened 147 in 2011 wrapped up last week with a settlement among some of the main participants, said William Marler, a Seattle attorney whose firm represented 50 of the victims.

Terms of the latest settlement — which included the Kroger grocery chain, a large broker and an auditor — are confidential, he said. Wal-Mart, which sold melons to some of the people who fell ill, had previously settled.

The Food and Drug Administration traced the outbreak to unsanitary conditions at a Colorado farm packing facility where the cantaloupes were washed, boxed and shipped out. The owners of Jensen Farms went bankrupt and pleaded guilty to six  misdemeanors in the case.

Attorney Jeff Whittington, representing third-party auditor Primus, confirmed to the Packer the litigation against the company was dismissed.

Will Steele, president of Frontera, Edinberg, Texas, said the company is “focused on strengthening the industry’s traceability efforts.”

“The matter is in the process of being resolved,” Steele said. “Settlement documents have been exchanged with the plaintiffs, and the parties anticipate that those documents will be signed by all the required parties. However, the settlement isn’t officially concluded until that occurs. We believe a final settlement of all claims will be reached soon.”

At least 147 people became sick and at least 33 died because of listeria infections after eating cantaloupe from Jensens Farms, according to the Centers for Disease Control and Prevention. The CDC estimates at least 10 other people who had the outbreak strains of listeria had eaten the Jensen cantaloupe, but health officials had not confirmed the link when filing out death certificates.

The victims, their families, Frontera Produce, the Kroger Co. and its subsidiaries, and cantaloupe growers Eric and Ryan Jensen all contended in various court cases that Primus Group Inc., doing business as PrimusLabs, should have been held partly responsible.

cantaloupe.salmonellaThey contended the Jensens would not have been able to sell their cantaloupe if their operation had not received high marks for food safety during an audit just before harvest began in 2011.

The settlement with Kroger and Frontera will also result in dismissal of cases those two companies and the Jensen brothers had filed against Primus and Bio Food Safety, which is the third-party auditing company hired by Primus to conduct the 2011 audit of the Jensens’ operation.

Bio Food Safety auditor James DiIorio gave the operation a “superior” rating of 96%. Primus contended in various court documents that it was not hired to do any microbial testing and that the Jensens’ cantaloupe would have been sold and eaten regardless of the audit score.

Survey of mycotoxins in dates and dried fruits from Tunisian and Spanish markets

In an effort to enforce the knowledge on mycotoxin occurrence and co-occurrence in dates and dried fruits, 228 samples purchased from Tunisian and Spanish markets were subjected to multi-mycotoxin liquid chromatography with tandem mass spectrometry (LC-MS/MS) analysis of 16 mycotoxins.

OLYMPUS DIGITAL CAMERAAt least one mycotoxin was detected in 160 samples (70%). The frequency of contaminated samples was 83%, 80%, 64%, 59% and 26% for dates, dried vine fruits, figs, apricots and plums, respectively but none of the analyzed samples contained detectable levels of fumonisins (FB1, FB2, FB3) or T-2 toxin (T2).

The incidence and levels of mycotoxins varied in samples. The most prevalent mycotoxin was enniatin B (EnnB) (54%), followed by enniatinA1 (EnnA1) (36%); aflatoxins (AFs) (23%) and ochratoxin A (OTA) (22%). Thirteen samples contained AFs in levels that exceed the maximum limits established in EU legislation. The simultaneous contamination with 2–6 mycotoxins was observed in 51% of the analyzed samples. Lastly, intakes of the detected mycotoxins were calculated for average adult consumers and compared with the tolerable daily intakes (TDI). Data obtained were used to estimate the potential exposure levels.

 

Wyoming researchers discover substance that increases Listeria monocytogenes survival

University of Wyoming researchers have discovered a substance that greatly increases the survival of Listeria monocytogenes, a foodborne bacterial pathogen that contaminates processed meat and milk products, as well as fresh produce.

listeriaResearchers hope the discovery will lead to the development of techniques to better combat the pathogen and to improve food safety.

Mark Gomelsky, a professor in UW’s Department of Molecular Biology, and other researchers discovered and characterized a substance, called exopolysaccharide (EPS), that Listeria secretes on its cell surface under certain conditions. The EPS coats bacterial cells and makes them form aggregates or clumps, which are strongly protected from commonly used disinfectants and desiccation (extreme drying).

“We think that EPS plays a significant role in survival of Listeria in the environment, during food storage, processing and transportation,” Gomelsky says. “Listeria rarely causes serious disease in healthy individuals but, in immune-compromised people, elderly and pregnant women, it can be deadly, causing as much as 20 percent to 25 percent mortality.”

Gomelsky is a senior writer of a paper, titled “Cyclic di-GMP-Dependent Signaling Pathways in the Pathogenic Firmicute Listeria monocytogenes,” that was published in Public Library of Science (PLoS) Pathogens Thursday.