In this 2012 presentation at Washington State University, famed attorney Bill Marler gives an overview of the impact lawsuits have had on food safety in America and what food producers can do to avoid causing an outbreak.

1. “Poisoned Food:
Lawsuits and Food
Safety
Bill Marler

2. To Put Things in Perspective
• According to the
CDC, pathogens
cause an estimated
48 million cases of
human illness
annually in the U.S.
• 125,000 hospitalized
• Cause up to 3,000
deaths
• Most Illnesses are
not linked together
nor to a product

3. Strict Product Liability
• Strict Liability
– Are you a
manufacturer?
– Was the product
unsafe?
– Did product
cause injury?
• Negligence
• Punitive Damages
/Criminal Liability – Are you a
product seller?
– Did you act with
conscious disregard – Did you act
“reasonably”?
of a known safety risk?

4. Who is a Manufacturer?
A “manufacturer” is
defined as a “product
seller who designs,
produces, makes,
fabricates, constructs,
or remanufactures the
relevant product or
component part of a
product before its sale
to a user or consumer.”

5. It’s called STRICT Liability for a Reason
• The only defense is
prevention
• It does not matter if
you took all reasonable
precautions
• If you manufacture a
product that makes
someone sick you are
going to pay
• Wishful thinking does
not help

6. Worthless Excuse No. 1
“I never read
the memo.”

7. Jack in the Box

8. Jack in the Box

9. Jack in the Box

10. Strange Bugs – Non-O157 E. coli
• E. coli O104:H4
• 4,321 Ill, 852 with
Hemolytic Uremic
Syndrome
• 50 Dead
• Six U.S. Cases
• Egyptian Fenugreek
Seeds Likely Source

11. Bugs in Strange Places
• Listeria –
Tainted
Cantaloupe
• 145 Sickened
with over 30
Deaths
• First Outbreak
Linked with
Cantaloupe and
Listeria

12. Bugs in Stranger Places
• 72 E. coli
O157:H7 Illnesses
– 10 with
Hemolytic Uremic
Syndrome
• Likely Source –
Tainted Flour
• Nestle now uses
Heat Treated
Flour

13. Lessons Learned From An Outbreak
You can insure your reputation
1. Arm yourself with good, current information
2. Since you have a choice between doing
nothing or being proactive, be proactive
3. Make food safety part of everything you do
4. Believing your food is safe is not enough

14. Some Resources for All
• Learn About E. coli
• Learn About Salmonella
• Learn About Listeria
• Learn About Shigella
• Learn About Campylobacter
• Learn About Hepatitis A
• Learn About Botulism
• Learn About Norovirus

15. Questions