Apparently in the process of investigating a foodborne disease claim, prominent food liability law firm, Marler Clark in Seattle acquired records indicating an unreported outbreak of E.coli O121:H19, an STEC, with cases in Minnesota and Washington states. Affected patients yielded the same pathogen confirmed using whole genome sequencing.  Traceback implicated Taylor Farms in Salinas, California as the source.  Chipotle and Panera restaurants were identified as serving potentially contaminated Romaine lettuce.

The FDA has cooperated with leafy green producers in both Arizona and California in an attempt to reduce the possibility of infection with Salmonella and STEC introduced by contaminated irrigation water.  The recommendations and subsequent actions by producers are evidently ineffective with consumers still vulnerable. Currently there is no absolute kill step to ensure food safety in the likely event that leafy greens are contaminated during cultivation or packing.

The tenor of the posting by Marler Clark is that there was no publicity associated with the obvious outbreak and neither restaurants nor consumers were warned of the possible risk of infection.  Withholding epidemiologic information, irrespective of the justification, is counterproductive and inconsistent with the expected response by FDA to food safety events. These may extend from the few cases of STEC in leafy greens through Listeria and Salmonella contamination of cantaloupe to a major crisis such as the presence of Cronobacter in infant formula.

The question arises as to whether this limited outbreak simply fell through the substantial literal cracks at the FDA or whether disclosure was deliberately withheld. A release would have cast doubt on the efficacy of mitigation efforts in Arizona and California resulting in embarrassment for the Agency and those involved in the issue of leafy greens.