Marler Clark Calls on Veggie Booty Manufacturer to Pay Salmonella Victims' Medical Bills

William Marler, a food safety advocate and attorney whose Seattle law firm, Marler Clark (www.marlerclark.com), has been contacted by five victims of a Salmonella outbreak traced to the consumption of Veggie Booty snack food, which is marketed by Robert’s American Gourmet, of Sea Cliff, New York, today called on the manufacturer to pay the medical bills of all individuals who became ill with Salmonella infections as part of the outbreak.

“Health officials have indicated that the strain of Salmonella found in the Veggie Booty, Salmonella Wandsworth, causes a particularly severe illness in comparison to other strains of Salmonella,” Marler said. “Most of the victims of this outbreak were children whose parents took them to a health care provider for medical treatment. It is only fair for the manufacturer to reimburse families for medical expenses incurred due to consumption of their product.”

In a warning to consumers yesterday, the Food and Drug Administration stated that the Centers for Disease Control and Prevention had identified 52 people in 17 states that were part of the outbreak. FDA reported that most victims of the outbreak were children under 10 years old.

“The parents we’ve been contacted by believed they were feeding their children a healthy snack, not something that could kill them,” Marler added. “Some of these kids have been sick for weeks.”

Salmonella is one of the most common enteric (intestinal) infections in the United States. Salmonellosis, the illness caused by ingestion of Salmonella, is the second most common foodborne illness after Campylobacter infection. It is estimated that 1.4 million cases of Salmonellosis occur each year in the U.S.; 95% of those cases are food-related. Approximately 220 of each 1000 cases result in hospitalization and eight of every 1000 cases result in death. About 500 to 1,000 or 31% of all food-related deaths are caused by Salmonella infections each year. For more information about Salmonella, visit www.about-Salmonella.com.

Marler and his law partners in Marler Clark have represented thousands of victims of Salmonella and other foodborne illnesses. Marler Clark currently represents 93 victims of last fall’s E. coli outbreak traced to contaminated spinach grown in California’s Salinas Valley and over 4,000 victims of the Salmonella outbreak that was recently traced to Peter Pan and Great Value peanut butter. Marler comments on foodborne illness outbreaks and litigation at www.marlerblog.com.

FDA Warns Consumers Not to Eat Veggie Booty Snack Food

The U.S. Food and Drug Administration is warning consumers not to eat Veggie Booty snack food, marketed by Robert's American Gourmet, due to possible contamination with Salmonella Wandsworth. FDA NEWS RELEASE

Click here for more information about Salmonella

This warning is based on 52 reports of illness across 17 states, beginning in March 2007. Almost all the illnesses have occurred in children under 10 years old, with the most cases in toddlers. Most persons had reported bloody diarrhea; four were hospitalized. FDA learned of the illnesses on June 27 from the Centers for Disease Control and Prevention, which conducted an investigation of the illnesses with state and local health officials. The outbreak is considered likely to be ongoing.

Salmonella typically causes diarrhea (may be bloody); the diarrhea is often accompanied by abdominal cramps and fever. Symptoms typically begin within one to four days after exposure to the bacteria. In infants, persons with poor underlying health and those with weakened immune systems, Salmonella can invade the bloodstream and cause life-threatening infections.

States reporting illnesses include: California (seven cases), Colorado (five cases), Connecticut (one case), Georgia (one case), Indiana (one case), Massachusetts (three cases), Minnesota (two cases), New Hampshire (two cases), New Jersey (two cases), New York (13 cases), Oregon (one case), Pennsylvania (three cases), Tennessee (one), Texas (one), Vermont (three cases), Washington (four cases), and Wisconsin (two cases).

Veggie Booty snack food recalled

Associated Press Full story from King 5 News


WASHINGTON - A popular snack food sold nationwide is being recalled because of concerns about contamination.
All lots and sizes of Veggie Booty Snack Food are being recalled, the company said, following a report of 51 cases of salmonella poisoning that may be associated with the product.
Georgine Hertzwig of Robert's American Gourmet in Sea Cliff, N.Y., said the company acted after the Food and Drug Administration contacted them about the illnesses in 17 states.
Salmonella can cause serious and sometimes fatal infections, especially in young children, frail or elderly people and others with weakened immune systems. Symptoms include fever, diarrhea, nausea, vomiting and abdominal pain.

Girl in salmonella lawsuit gets kidney

Kristina Brugh, an 11 year old girl from Illinois, received a kidney from her father after being infected with salmonella from eating peanut butter. The outbreak has been linked to foodmaker ConAgra's Peter Pan and Great Value brands. Full story

"Everything went well, as expected," she said. "The father and the daughter are both recovering and doing well and her kidney is functioning. That is the best news."

"It appears at this time that his kidney is not being rejected by her, but we have to hold our breath for about 48 hours to see whether the rejection antibodies form," Allen said. "It looks like this will have a relatively happy ending except she‘s still going to have to take medication for the rest of her life."

Bakery shut after salmonella outbreak

June 8, 2007 - IBN NEWS Full Story

Australia - A bakery in the Melbourne suburb of Springvale has been ordered to close after nine customers fell ill with salmonella poisoning.

Four people are still in hospital after eating products bought from the bakery on Springvale Road, which specialises in Vietnamese goods.

Victoria's acting chief health officer Dr Chrissie Pickin issued an order yesterday requiring the business to close. The order also requires the business owners to dispose of all their food and thoroughly clean the premises.

The bakery would be allowed to reopen once health investigators were satisfied that the cleanup was done satisfactorily, and that food handlers at the bakery were clear about how to handle food properly, Dr Pickin said.

CDC, FDA, ConAgra or Peter Pan himself, Who's to Blame for the Underreporting of Sickening and Potentially Deadly Salmonella & E-Coli Food Poisoning Cases?

Here's an article from NewsInferno.com about our nation's recent food safety problems, including the nationwide peanut butter outbreak. Full Story

Late last month, the CDC reported that confirmed cases of salmonella caused by the Peter Pan and Great Value brands of Peanut Butter had grown by nearly 200 since the agency’s last report in March. The CDC now puts the number of individuals sickened by the peanut butter at more than 600 in 47 states. The toll also included 2 deaths. However, because not all cases of salmonella are reported, some believe these numbers could be much higher. It could be some time, if ever, before the full scope of the problem becomes apparent.


Several government agencies, as well as the peanut butter’s manufacturer ConAgra, have come under fire for their slow response to the outbreak. Though an unusually high incidence of salmonella poisoning was first noticed in Tennessee in November 2006, it is thought that the first illnesses may have occurred as early as March 2006. It wasn’t until February 2007 that the CDC was able to trace the source of the illness to peanut butter produced by a ConAgra factory in Sylvester Georgia. That same month, ConAgra finally issued a recall of its Peter Pan and Great Value brand peanut butter produced at that factory.

The federal agency responsible for insuring food safety was also been taken to task for its role in the incident. In April 2007, the Washington Post published documents proving that the FDA, as well as ConAgra, knew of contamination problems at the plant as far back as 2004. The agency took few corrective measures, assuming that ConAgra would address the situation itself. ConAgra apparently did little to nothing to fix the problem.

Oregon company recalls two products over salmonella concern

A Springfield company today voluntarily recalled two products because of concern that they might be contaminated with disease-causing salmonella bacteria.

Toby's Family Foods recalled:

- Eight-ounce plastic containers of Toby's Lite Sour Creme with expiration dates of June 17 and earlier.

- 12-ounce glass jars of Toby's Toasted Sesame Dressing with sell dates of July 5 and earlier.

So far no illnesses have been reported to the company.

The products are distributed primarily in Oregon, but also in Washington and California, through natural food and specialty stores.