Legislation to revamp the federal food safety infrastructure? Beefed-up budgets for regulators and inspectors? The debate rages over what’s to be done to better protect our food system from the damages of pathogen contamination and the ensuing spread of foodborne illness.
One major player in the fight for food safety that’s received recent attention for getting the job done: the tort system. William Baldwin of Forbes magazine earlier this month praised the efforts of tort lawyers to “keep food companies alert” by hitting them where it hurts…their pocketbooks. Whereas government inspections may be far and few between, Baldwin notes that “the marketplace is a constant enforcer,” and the fear of financial loss in the event of a dangerous outbreak (as seen recently with the Salmonella outbreak from Peanut Corporation of America) may persuade food companies to use their resources more wisely: for “detection and prevention.”
The victims of foodborne illness are the real reason tort attorneys are essential on the front lines of food safety. The fact that monetary loss motivates companies to raise the bar for safety standards is a worthwhile bonus, as it serves to prevent the future suffering of people who ask for nothing more than their entitled right to clean, safe food.
Frankly I found Baldwin’s article strange, though encouraging (sort of). This blog entry does a good job of capturing my thoughts. http://tinyurl.com/d7t65v It was amazing at all to read Forbes supporting the well-documented secondary regulatory power of lawsuits. Now if we can just get Baldwin to be a little more empathetic where those made ill by asbestos exposure are concerned…
Darren, while Baldwin’s “tort support” was unexpected, we’re grateful for progress wherever we can get it. Hopefully, with this enlightened attitude toward the function and efficacy of the tort system will continue to widen in scope. We could also use this kind of support on the preemption battlefield.
Richard, thanks for the “shout out” on the Forbes article that I was interviewed for. I really appreciate the support and recognition that you show. You are the best. Bill
Full article here:
http://www.forbes.com/forbes/2009/0511/014-opinions-food-legislation-sidelines.html