We reported yesterday on our sister blog NBAFoodAdvocate that Plainview Milk Products recalled several products manufactured over the last two years because of the discovery of Salmonella contamination both within product and on food-processing equipment (see Salmonella Recall: Plainview Milk Products… for details).

Let’s give one point to Dunkin’ Donuts for speedily taking potentially Salmonella-contaminated beverages out of reach of consumers’ innocent hands. However, to be thorough, perhaps we should mark up a point against Dunkin’ for sourcing supplies from a company that can’t say with confidence that its past two years of product are Salmonella-free.

Yesterday afternoon the FDA announced that E. coli 0157:H7 contamination has been confirmed in Nestle Toll House cookie dough.  A sample taken from Nestle’s Danville, VA, plant tested positive for the presence of the E. coli bacteria.

“This really comes as no surprise.  Health investigators have already made that conclusion; this is just validation for the victims,” said lawyer, Richard J. Arsenault.

Arsenault’s firm, Neblett, Beard & Arsenault has already filed 2 E. coli lawsuits against Nestle, and is investigating claims from many additional victims across the country.  The outbreak has again raised issues about food safety. It has also sparked a debate regarding the common practice of consuming raw cookie dough and what warnings should accompany a product that is well known to be eaten raw.

“A renowned warnings expert has joined our team of experts and will be providing important guidance for us in the federal and state court suits we have already filed …and in others we anticipate filing shortly,” Arsenault added.

The link between a national E. coli outbreak and Nestle refrigerated cookie dough was announced on June 18^th.  By June 30^th the outbreak had sickened 72 people in 30 states.  However, the CDC notes that most foodborne illnesses go unreported.  Based on this math, there could be as many as 600-900 additional victims of the Nestle E. coli 0157:H7 outbreak.

“This is a troubling trend.  Foodborne illness outbreaks, especially E. coli outbreaks, are on the rise.  Our families’ health and well-being often depend on our manufacturers producing clean, hygienic foods.  However, Peter Pan Peanut Butter, Peanut Corporation of America, Setton Pistachios, Valley Meats and, now the JB Swift meat outbreak, leave many wondering, what is safe anymore?” Arsenault concluded.

FDA CONFIRMS E. COLI O157:H7 IN PREPACKAGED NESTLÉ TOLL HOUSE REFRIGERATED COOKIE DOUGH

Today, the U.S. Food and Drug Administration announced that it has found E. coli O157:H7 (a bacterium that can cause serious food borne illness) in a sample of prepackaged Nestlé Toll House refrigerated cookie dough currently under recall by the manufacturer and marketer, Nestlé USA.  The contaminated sample was collected at Nestlé’s facility in Danville, Va. on June 25, 2009. 

On June 19, the FDA and the U.S. Centers for Disease Control and Prevention warned consumers not to eat any varieties of prepackaged Nestlé Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7.  The warning was based on an epidemiological study conducted by the CDC and several state and local health departments. As of Thursday, June 25, the CDC reports that 69 persons from 29 states have been infected with the outbreak strain. Thirty-four persons have been hospitalized, nine with a severe complication called hemolytic uremic syndrome. No one has died.

Further laboratory testing is needed to conclusively link the E. coli strain found in the product to the same strain that is causing the outbreak.

E. coli 0157:H7, is a dangerous, sometimes deadly strain of the E. coli bacteria.  E. coli 0157:H7 can cause intestinal bleeding, bloody diarrhea, vomiting, extreme nausea and cramping.   Infection can also cause hemolytic uremic syndrome (HUS), a sometimes fatal secondary condition that destroys red blood cells and causes renal failure.  E. coli infection and HUS are especially dangerous to children; shockingly two-thirds of the victims in this outbreak are under the age of 19.

E. coli O157:H7 in any food product is unacceptable, but in cookies, it’s particularly problematic because many of the consumers are very young.  That is a population that is particularly vulnerable to the most tragic consequences of the E .coli poisoning.

We applaud such a responsible step by a corporate citizen like Kroger . . . It is unfortunate that a grocer has to take these efforts, but  it is a part of doing business when there is lax regulatory enforcement, etc.  Hopefully soon grocers and  customers can have more confidence in the products they sell and buy . . . .

ATLANTA, GA – 6/23/09 - In Fulton County, Georgia, a lawsuit is being filed on behalf of a 7-year-old Georgia girl who developed E. Coli after handling and baking Nestle Toll House cookies with her grandfather.  The suit is being filed by the girl’s attorneys Richard J. Arsenault and J. R. Whaley, of food safety law firm Neblett, Beard & Arsenault, and attorney Brian Cigelske, of the Carterville, GA based law firm McCain Cigelske.

“E. coli O157:H7 in any food product is unacceptable, but in cookies, it’s particularly problematic because many of the consumers are very young.  That is a population that is particularly vulnerable to the most tragic consequences of the E .coli poisoning,” said food safety lawyer Richard J. Arsenault.

Neblett, Beard & Arsenault has been contacted by multiple victims affected by this outbreak and is gathering information through the FDA, CDC and other health and safety organizations on behalf of their clients.

“Our firm has been contacted by many consumers that suspect they’ve been similarly exposed. We will continue to investigate and carefully evaluate each and every contact we receive,” Arsenault said.

According to the CDC, 70 people in 30 states have become sickened with a particular strain of E. Coli 0157:H7 between March and June 2009.  Of those interviewed by health investigators, most patients reported handling Nestle Toll House cookie dough products.

E. Coli 0157:H7, is an especially dangerous, sometimes deadly strain of the E. Coli bacteria.  E. coli 0157:H7 can cause intestinal bleeding, bloody diarrhea, vomiting, extreme nausea and cramping.   Infection can also cause hemolytic uremic syndrome (HUS), a sometimes fatal secondary condition that destroys red blood cells and causes renal failure.  E. coli infection and HUS are especially dangerous to children; shockingly two-thirds of the victims in this outbreak are under the age of 19.

“This type of recall shakes the public’s confidence in our food supply.  It’s imperative that the safety of our food become a top priority for industry and our government.  E Coli is a dangerous illness and right now it is attacking many of our most vulnerable citizens,” concluded Arsenault.

About Neblett, Beard & Arsenault

Neblett, Beard & Arsenault is a nationally recognized law firm with over 25 years representing victims across the country in food borne illness and other injury litigation. Arsenault and his partners have secured billions of dollars in recoveries for injury victims. Arsenault has represented victims in some of the nation’s largest litigation and was recognized by the National Law Journal for securing one of the largest individual injury verdicts in the U.S.  The firm actively represents victims of food borne illness litigation including those affected by Peanut Corporation of America (PCA) salmonella outbreak.

The most recent information from the CDC accounts for 70 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint, reported from 30 states (Connecticut and Georgia join the list, while Arkansas is removed). Of the total 70, 41 have been confirmed by an advanced DNA test as having the outbreak-specific strain of E. coli O157:H7. The age range has increased to 65, with 66% of victims under the age of 19, and 75% female. Thirty people have been hospitalized, and seven have developed hemolytic uremic syndrome (HUS). Fortunately, no deaths have yet been reported related to this outbreak.

We’ll continue to report the most up-to-date information on this national E. coli O157:H7 outbreak, so keep checking back for the latest.

These dads and moms were shocked that something as wholesome as cookies that they baked and ate with their kids could contain animal feces and may have caused their kids’ sicknesses, including bloody diarrhea, abdominal cramping, fever and other serious symptoms. Most people recover from E. Coli O157:H7 poisoning within a week, but some, particularly the very young and very old, can develop a life-threatening type of kidney failure called hemolytic uremic syndrome (HUS). We represent victims of HUS and its impact can be deadly.

Lots of these parents were just looking for answers to questions raised by the FDA’s announcement that as of Thursday, June 18, 2009, 65 persons infected with a strain of E. coli O157:H7 with a particular DNA fingerprint have been reported from 29 states and that those infections had been epidemiologically linked to eating Nestlé’s raw cookie dough. I gave many of them the same advice that the Center for Disease Control (CDC) provided the same day as the FDA announcement. I wanted to pass this advice along:

1. Do not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7.
2. If you have any prepackaged, refrigerated Nestle Toll House cookie dough products in your home, do not use it. Return it to the grocery store for a full refund.
3. Do not cook the dough because you might get the bacteria on your hands and on other cooking surfaces.
4. If you recently ate prepackaged, refrigerated Toll House cookie dough and have experienced any of symptoms consistent with E. Coli poisoning, you should contact your doctor or health care provider immediately. Any such illnesses should be reported to state or local health authorities.
5. In general, do not eat raw food products that are intended for cooking or baking before consumption.
6. Use safe food-handling practices when preparing such products, including following package directions for cooking at proper temperatures; washing hands, surfaces, and utensils after contact with these types of products; avoiding cross contamination; and refrigerating products properly.

Unfortunately, we cannot be too careful about the foods we let our kids eat. Please follow the advice of the CDC and start, if you have not done so already, to advocate for serious reform of our food industry. No one should be worried that enjoying cookies with their kids could turn deadly.

Nestle Toll House Cookie & Brownie Dough E. Coli 0157:H7 Recall:

COOKIE & BROWNIE DOUGH BAR
Chocolate Chip bar 16.5oz 0 50000 62231 3
Chocolate Chip bar 16.5oz 0 50000 11308 8
Chocolate Chunk bar 16.5oz 0 50000 62235 1
Walnut Chocolate Chip bar 16.5oz 0 50000 62233 7
Jumbo Chocolate Chip bar 16.5oz 0 50000 62237 5
Oatmeal Raisin bar 16.5oz 0 50000 06219 5
Sugar Cookies bar 16.5oz 0 50000 62244 3
Sugar Cookies bar 16.5oz 0 50000 12178 6
Mini Chocolate Chip bar 16.5oz 0 50000 62242 9
Mini Chocolate Chip bar 16.5oz 0 50000 12188 5
Mini Brownie Bites bar 16oz 0 50000 62227 6
Fudgy Brownie With Peanut Butter Filling 19oz 0 50000 00820 9

COOKIE DOUGH TUB
Chocolate Chip tub 40oz 0 50000 62246 7
Chocolate Chip tub 80oz (5 lb) 0 50000 00934 3
Sugar tub 40oz. 0 50000 62253 5
Gingerbread tub 40oz 0 50000 44060 3
Peanut Butter tub 40oz 0 50000 44062 7

TUBE (CHUB) DOUGH
Chocolate Chip tube 16.5oz 0 50000 62239 9
Chocolate Chip tube 32oz 0 50000 00400 3

ULTIMATES COOKIE BAR DOUGH
Ultimates Peanut Butter Cups, Chips & Chocolate Chunks bar 16oz 0 50000 00922 0
Ultimates White Chip Macadamia Nut bar 16oz 0 50000 00923 7
Ultimates Chocolate Chip & Chunks with Pecans bar 16oz 0 50000 00925 1
Ultimates Chocolate Chip Lovers 16oz 0 50000 00926 8
Ultimates Turtles bar 16oz 0 50000 00928 2
Ultimates Peanut Butter Lovers bar 16oz 0 50000 00507 9
Ultimates Chocolate Chip with Caramel Filling bar 16oz 0 50000 44066 5
Ultimates Chocolate Chip with Chocolate Filling bar 16oz 0 50000 44069 6

SEASONAL COOKIE & BROWNIE DOUGH
Valentine Hearts Sugar Cookie Shapes 15.5oz 0 50000 12009 3
Valentine Swirled Chocolate Chip bar 16oz 0 50000 00931 2
Fudgy Brownies With Raspberry Filling 19oz 0 50000 20090 0
Easter Eggs Sugar Cookie Shapes 15.5oz 0 50000 52009 1
Easter Swirled Chocolate Chip bar 16oz 0 50000 00932 9
Easter Swirled Mini Brownie Bites bar 18 oz 0 50000 20093 1
Red, White & Blue Swirled Choc Chip bar 16oz 0 50000 00937 4
Halloween Pumpkin Pals Sugar Cookies 13.5oz 0 50000 06217 1
Halloween Swirled Chocolate Chip bar 16oz 0 50000 00929 9
Halloween Swirled Fudgy Brownies bar 18oz 0 50000 00088 3
Christmas Shapes Sugar Cookies 15.5oz 0 50000 00505 5
Christmas Swirled Chocolate Chip bar 16oz 0 50000 00930 5
Christmas Swirled Fudgy Brownies bar 18oz 0 50000 00089 0
Limited Edition Mint Swirled Chocolate Chip 16oz 0 50000 00827 8

Discontinued Varieties
Valentine Hearts Sugar Cookies 13.5oz 0 50000 44056 6
Easter Brownie Bar 18oz 0 50000 00518 5
Easter Bunnies Sugar Cookies 13.5oz 0 50000 44058 0
Halloween Sugar Shapes 15.5oz 0 50000 00829 2
Christmas Sugar Cookie Tube 16oz 0 50000 00448 5
Oatmeal Cranberry Cookie Tub 48 oz. 0 50000 62229 0

Infection with E. Coli 0157:H7 can lead to a serious, potentially deadly condition, known as hemolytic uremic syndrome (HUS).  HUS is a secondary condition usually caused by E. coli 0157:H7 that destroys red blood cells and causes renal failure. E. Coli 0157:H7 is a particularly virulent strain of the E. Coli bacteria.

Infections with E. Coli 0157:H7 are especially dangerous to children, the elderly and those with compromised immune systems.  E. Coli 0157:H7 can also cause hemolytic uremic syndrome (HUS).