Bill Marler a prominent plaintiff’s lawyer specializing in foodborne infections recently participated in the Food and Drug Law Institute Conference.  Marler has represented clients whose children who have been infected with Shiga toxin producing E. coli (STEC).

Jennifer McIntire of the United Fresh Produce Association was a co-participant on the panel and outlined attempts by growers in both Arizona and California to reduce the risk of STEC associated with leafy greens.  Currently most producers in these states function in accordance with the Leafy Greens Marketing Agreement. This is the only food safety program specifically for lettuce and similar crops.  A key objective of the LGMA program is to eliminate ruminant fecal material from irrigation water.  A set of requirements has been established and is audited for compliance.  As diligent as farmers can be, the program does not include any specific unique kill step that would ensure freedom from bacterial foodborne pathogens including Salmonella, STEC, Shigella or Listeria.  Until an effective process is developed, leafy greens continue to represent a risk despite the efforts of the LGMA.

The application of tort law by Bill Marler and other legal practitioners has most certainly placed farmers and the FDA on the defensive and the onus is now on research institutes and Land-grant universities to develop and demonstrate the efficacy of an effective method of eliminating infection. What is required is a disinfectant or irradiation process that will both be financially feasible, consumer acceptable and will not degrade organoleptic properties.