Bill Marler discussed 20 years of foodborne illness litigation and how it has impacted food policy and behavior as part of a conference at the University of Washington.

1. When can Civil
Litigation be Used as a
Tool to Change Policy
and Behavior?
20 Years at the Table

2. Food Production is a Risky Business
• Competitive Markets
• Stockholder Pressures
for Increasing Profits
over Long-term Safety
• Lack of Clear Reward
For Marketing and
Practicing Food Safety
• Brand Awareness Risks

3. It is Global Food Economy

4. To Put Things in Perspective
• Microbial pathogens
in food cause an
estimated 48 million
cases of human
illness annually in
the United States
• 125,000 hospitalized
• Cause up to 3,000
deaths

5. Estimates Differ From Actual Counts
• Annual E. coli O157:H7
Estimates:
– 62,000 illnesses
– 1,800 hospitalizations
– 52 deaths

6. Bottom Line: Most Victims Never Linked
E. coli O157:H7 Salmonella
Patterns Submitted 5,376 29,168
Clusters Identified 67 176
Multi-state Clusters 36 152
Epi Investigation 19 30
Vehicle Implicated 4 8
Regulatory Activity 4 8

7. Incubation Periods of
Common Foodborne Pathogens
PATHOGEN INCUBATION PERIOD
Staphylococcus aureus 1 to 8 hours, typically 2 to 4 hours.
Campylobacter 2 to 7 days, typically 3 to 5 days.
E. coli O157:H7 1 to 10 days, typically 2 to 5 days.
Salmonella 6 to 72 hours, typically 18-36 hours.
Shigella 12 hours to 7 days, typically 1-3 days.
Hepatitis A 15 to 50 days, typically 25-30 days.
Listeria 3 to 70 days, typically 21 days
Norovirus 24 to 72 hours, typically 36 hours.

8. The Long Pathway of a Foodborne
Illness Investigation

9. The Pathway Continued
If there are more ill persons
than expected, an
OUTBREAK might be
underway

10. Almost to the End

11. What we all want to Avoid

12. Litigation as Incentive – 20 Years Later
Odwalla
Jack in the
Box

18. The 1994 Revolution
Politics and Philosophy Matter

19. Magic Moment?
• 2006 Spinach
205 sickened
and 5 deaths
• 2007 Peanut Butter
746 sickened
and 3 years
of product recalled
• House and Senate
party switch

20. Well, Not Quite So Fast
• 2007 Hamburger
paralyzed dancer –
Front Page of New
York Times and a
Pulitzer Prize
• 2009 Cookie Dough
mother of six
hospitalized 2 years –
Front Page Washington
Post

21. What About Industry?
• Tomato,
errr, Pepper
Outbreak
• Peanut Butter
Again - $1
Billion in
Recall and
Economic
Losses

22. 2009 – The Magic Moment
Consumers and Industry Coming Together

23. Even Comedians Like Safe Food

24. “WE” Won!

25. Well, Not Quite Yet
"I would not identify it as
something that will necessarily
be zeroed out, but it is quite
possible it will be scaled back if
it is significant overreach," said
Rep. Kingston, who is likely to
become chairman of the
subcommittee when Republicans
assume control of the House in
January.
"We still have a food supply
that's 99.99 percent safe," Rep.
Kingston said in an interview.
"No one wants anybody to get
sick, and we should always
strive to make sure food is safe.
But the case for a $1.4 billion
expenditure isn't there."

26. Questions