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.

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.