Food SAfety Lawyer

Cantaloupe Outbreak is Showcase of Bad Policy

Although we expect the cantaloupe we eat to be safe and healthy and to be produced, marketed and sold in a reasonable manner, it often isn’t. In fact, this cantaloupe Listeria outbreak is a showcase of bad policy and repeated mistakes that was as foreseeable as it was preventable.

According to a 2006 study authored by epidemiologists from the Centers for Disease Control and Prevention (CDC), in the period between 1984 and 2002 there were no fewer than twenty-three cantaloupe-associated outbreaks in which almost 1500 people were sickened. This cantaloupe outbreak, the first one caused by Listeria, may prove to be the deadliest foodborne outbreak in U.S. history.

Perhaps the saddest aspect of this outbreak is that although we know what food caused it and where that food came from (Jensen Farms in Colorado), people continue to get sick and die from it. Why?

The first reason is because neither Jensen Farms nor the federal and state governments charged with investigating the outbreak have released the names of retailers that sold the contaminated fruit. And the reason they haven’t released those names? Because they don’t really know where the cantaloupe was sold. And the reason they don’t know is because effective trace back technology and practices were not in place.

The second reason is because cantaloupe is often sold without labels, or previously affixed labels fell off. Consumers simply cannot tell by looking at a cantaloupe where it was grown or whether it contains life-threatening pathogens. An untold number of unsuspecting people will continue eating Jensen Farms cantaloupe because they cannot find out if their retailer sold it and cannot tell by looking at the fruit if was produced by Jensen Farms.

You would think that if a company sells a product capable of producing injury and death across the United States there should be a way to trace the distribution of that product. There is. But as this outbreak tragically illustrates, the technology and practices that would have stopped this outbreak long before now weren’t applied to fungible food products like this one.

It’s not hard to envision how this would work. Cantaloupes, like other types of fruits and vegetables, could be sold in inexpensive mesh bags. Attached to the bags would be sufficient information to allow regulators (and the public) to know the producer, shipper, sell by dates and any other information including the best practices for preparing and consuming the product. You could, for example, easily create a method by which a QR code is affixed to the fruit so that consumers can quickly scan it with a cell phone app and learn where it came from and whether it is implicated in an outbreak.

Labeling and traceback issues in foodborne illness outbreaks are as foreseeable as human illness from the consumption of cantaloupe. It is insane that more people will continue to get sick and die because we don’t learn from our failures and because we don’t apply the tools and policies that we know will work.

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