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California Raw Milk Dairy Facing Lawsuits

07/14/2024

According to news reports and an article in Food Safety News authored by Coral Beach, Raw Farm, LLC is responsible for 165 confirmed cases of salmonellosis involving 20 hospitalizations.  Forty percent of the affected consumers of raw milk were younger than five years in age.  Most of the cases occurred during the fall of 2023.  Investigations by the California Department of Health resulted in a recall of milk and dairy products on October 24th and a temporary cessation of operations with a resumption of sales on October 31st.  Laboratory investigations applying whole genome sequencing confirmed that raw milk produced by the implicated dairy was responsible for the outbreak.

 

According to the owner of Raw Farm, Mark McAfee, the problem was attributed to “a single cow infected with Salmonella and later removed from the herd”.  This is essentially a fatuous self-exculpatory comment. The statement is however an acknowledgement of responsibility for the diagnosed cases of salmonellosis and in a few additional instances, either campylobacteriosis or STEC colibacillosis.

 

EGG-NEWS has consistently condemned consumption of raw milk that offers no quantifiable or scientifically valid advantages over pasteurized product.  Commercial pasteurization subject to industry standards effectively destroys Salmonella, E. coli, Listeria and Campylobacter.  Recent studies have confirmed that industrial pasteurization effectively destroys the bovine influenza-H5N1 virus that is passed into milk. 

 

To date, 150 herds have been diagnosed with bovine influenza-H5N1 although surveillance is limited and the infection may be present in herds in more than the list of twelve impacted states that currently does not include California and Wisconsin, the two largest producers of milk.

 

Robert Marler, a prominent plaintiffs’ attorney with extensive experience in food safety, noted, “Over the last 30-plus years of practice, I have been a vocal advocate for robust public health involvement in foodborne illness prevention.”  He added, “It is beyond me to comprehend why public health would remain mute in the face of at least 165 sick, 20 hospitalized patients with 40 percent in the five-year or younger age group.”

 

During the past decade, the food freedom argument has persuaded state legislatures to pass laws allowing the sale of raw milk to consumers.  Interstate commerce in raw milk is, however, precluded by federal legislation.

 

Adults provided with reliable and scientifically valid information on the risks associated with raw milk may decide to consume the product.  Providing raw milk to children is, however, a form of abuse.