Salmonella Saintpaul Lawsuit Filed Against Wal-Mart

The first lawsuit stemming from the Salmonella outbreak that has sickened 1319 people, hospitalized 255 and caused the death of 2 in 43 states, the District of Columbia and Canada was filed today in the District Court of Montezuma County, Colorado.


The complaint was filed on behalf of Delores, Colorado resident Brian Grubbs against Wal-Mart and an unknown supplier, referred to as “John Doe”.

The lawsuit states that the Grubbs family purchased raw jalapeno peppers from the Wal-Mart Supercenter in Cortez, Colorado in late June, and that Mr. Grubbs ate them over the next week. He fell ill on July 3, experiencing nausea, vomiting, fever, chills, and diarrhea. Over the next several days, Mr. Grubbs’ condition continued to worsen; he lost a great deal of weight, was severely dehydrated, and could not walk without assistance. His wife drove him to the Northern Navajo Medical Center in Shiprock, New Mexico, where he was treated for dehydration and decreased kidney and liver functions. Samples taken at the time later revealed that he was positive for salmonella Saintpaul.

“Consumers believe that retailers like Wal-Mart know the quality and safety of products they sell,” said William Marler, the Grubbs’ attorney. “Retailers benefit from that trust, and must be held accountable for the products they sell.”

The Grubbs family still possessed some of the peppers that Mr. Grubbs had consumed, and provided them to authorities. Tests revealed that the peppers were tainted with salmonella Saintpaul, and provided one of the first reported physical links in the three-month-long search for the source of the outbreak.

Salmonellosis illnesses from the Saintpaul strain began showing up in Texas and New Mexico in late April, and in early June the CDC linked those illnesses to raw tomatoes and issued consumer warnings. Advisories were widened to include foods commonly consumed with tomatoes, such as peppers, cilantro, and onions, then narrowed to raw jalapeno and serrano peppers. On July 30, the FDA confirmed the presence of salmonella Saintpaul at a farm in Mexico, both in irrigation water and on produce. The investigation is continuing. (A full timeline of the outbreak can be found here.)

Salmonella is a bacterium that causes one of the most common intestinal illnesses in the US: salmonellosis infection. It can be present in uncooked or undercooked meat, poultry, eggs, or unpasturized dairy products, as well as other foods contaminated during harvest, production, or packaging. Symptoms can begin 6 to 72 hours from consumption, and include diarrhea, abdominal cramps, fever, nausea, and/or vomiting. In most victims, symptoms will lessen over a period of 10 days to 2 weeks, although it may take months for body functions to return to normal. In others, the infection can lead to more severe illnesses such as typhoid fever and bacteremia. There are many strains of the bacterium; salmonella Saintpaul is a fairly common serotype, but the specific subtype, or fingerprint, associated with this outbreak is very rare.

The Smoking Hot Pepper Has Been Found, Just Across The Rio Grande



They managed to do it with a little drum roll before a Congressional committee.   The smoking hot pepper has been captured across the Rio Grande in Mexico.   Here's a bit of what the Washington Post reported just a short time ago:

Investigators discovered the Salmonella saintpaul strain in irrigation water and serrano peppers on a farm in Mexico, where jalapeno peppers are also grown.

"We have a smoking gun it appears," said Lonnie King, a director at the federal Centers for Disease Control and Prevention.

The Food and Drug Administration, which earlier issued a warning about jalapeno peppers, is now warning consumers also to avoid raw serrano peppers grown and packed in Mexico.

Here's how the dots were connected:

The farm where the contaminated water was found grows only jalapeno and Serrano peppers. It supplied a packing facility in Mexico that also did business with Agricola Zaragosa, the McAllen, Tex., distributor where FDA inspectors found tainted jalapeno peppers last week. The farm and the packing facility are located in Nuevo Leon, a state in northeastern Mexico. A portion of Nuevo Leon borders Texas.

FDA is also awaiting the results of samples collected from a different farm in Tamaulipas, Mexico  It  supplied the tainted jalapeno peppers found at Agricola Zaragosa,  It's possible that the contamination occurred not at that farm but at a distribution center.

Both Nuevo Leon and Tamaulipas are separated from the U.S. only by the Rio Grande and the farms are easily accessbile to U.S. distributors.

Check out the entire Wapo story here.

 





The Salmonella Saintpaul Outbreak--The Fat Lady Isn't Singing, But She Maybe Warming Up!

As we go into the weekend, we know more than at anytime since the start of the Salmonella Saintpaul outbreak.  We know the source of the outbreak is jalapeño peppers grown, harvested or packed in Mexico.  We know jalapeño and Serrano peppers grown in the USA are safe to eat, be they raw, canned, pickled or cooked.

We know the outbreak is not over, but its winding down.   The latest onset of the illness was July 10th.   That date bumped forward by a week during the last couple of days.  The U.S. Food & Drug Administration (FDA) explained how responsibility has been pinned on Mexico.   According to FDA:

Additional traceback information obtained this week indicates that the Agricola Zaragoza plant in McAllen, Texas—from where the positive jalapeño pepper sample was taken—have determined that the Texas plant was not the original source of the contamination.

The Centers for Disease Control & Prevention (CDC) said the number of confirmed cases as of late July 24 stood at 1,294.  CDC said 31 people became ill between July 1 and 11.  The outbreak falls just five states short of covering the entire "Lower 48" states.  We think the CDC's epidemic curve shows the outbreak in its winding down stage.


Continue Reading...

Minnesota's "Team Diarrhea" Cracks Salmonella Saintpaul Mystery

Did one state with its act together on food poisoning cases crack the Salmonella Saintpaul outbreak when all the expertise of the federal government ended up looking like the keystone cops?    The Minneapolis Star-Tribune in a story published on its website tonight, says the answer to that question would be: "Yah, sure! You betcha!"

In 'Team Diarrhea' called in to crack salmonella case, Star Tribune health reporters Josephine Marcotty and Maura Lerner, write:

In less than two weeks, Minnesota Department of Health investigators traced the source of a mysterious salmonella outbreak that had stumped federal health officials for two months and sickened more than 1,200 people in 43 states and Canada.
And in explaining how it all happened, they report:

A gee-whiz state lab, investigators dubbed "Team Diarrhea" and a unique approach to sleuthing illness contributed to the breakthrough.

The job the Gopher State did brought this comment:

What happened in Minnesota should be the norm," said Mike Osterholm, University of Minnesota foodborne illness expert and an adviser to state and federal health agencies. "They did it quickly and they did it effectively and they were able to trace back what nobody else was able to trace back."
As for how it happened, read the story.  Everybody who has been involved in this long Salmonella Saintpaul saga will be doing the same.

Here's The Details on the Recall of Jalapeno Peppers

Jalapeno Peppers  distributed since June 30th by Agricola Zaragoza, Inc. to customers in Georgia and Texas are being recalled because sampling by the U.S. Food & Drug Administration (FDA) found these Jalapenos are contaminated with the same strain of Salmonella Saintpaul that is responsible for the current Salmonella outbreak.

The Salmonella Saintpaul outbreak has contributed to two deaths and sickened over 1,200 people in 43 states and the District of Columbia.

The Mexican-grown Jalapeno Peppers being recalled were shipped in 35lb. plastic crates and in 50lb. bags with no brand name or label.

It is unknown at this time which, if any, of the more than 1,200 illnesses reported to date are related to this particular product or to the grower who supplied this product. Distribution of these products has been suspended while FDA, the Texas Department of State Health Services and the company continue their investigation as to the source of the problem.

Consumers and retailers who purchased Jalapeno Peppers should contact their supplier to determine if their products are involved in the recall. Commercial manufacturers that have used these recalled Jalapeno Peppers as an ingredient in other products (i.e. salsas, etc.) are encouraged to contact their local FDA office to determine if these products should be recalled.

 Additionally, restaurants, retail food stores, and similar retail institutions that have used these Jalapeno Peppers as a garnish or as an ingredient to prepare entrees, salsas or other products are asked to dispose of these products making sure that all such peppers are not inadvertently made available for purchase, salvage or donation and therefore preventing any possibility for human or animal consumption..  Consumers with questions may contact the company at (956)-631-6405.

Salmonella Saintpaul found on Mexican Jalapeno Peppers in a Texas Plant

Only showing how our food system is truly global, today, US government inspectors have found Salmonella Saintpaul, the strain responsible for a nationwide food-poisoning outbreak, in Mexican-grown jalapenos in a Texas plant, prompting a new warning for consumers to avoid eating fresh jalapenos.

However, the FDA continues to say that it doesn't mean Mexican jalapenos are the culprit — the pepper may not have been contaminated on the farm. And while tomatoes currently are safe to eat, health officials also said the finding doesn't exonerate tomatoes that were sold earlier in the spring and summer.

Ouch, that makes my head hurt.

Tomatoes, Jalapeño Peppers, Serrano Peppers, and Cilantro still linked to Salmonella Saintpaul Illnesses in United States and Canada

According to the CDC since April, 1237 persons infected genetic fingerprint have been identified in 43 states, the District of Columbia, and Canada. These were identified because clinical laboratories in all states send Salmonella strains from ill persons to their State public health laboratory for characterization. One new state, Montana, reported a case. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (16), Arizona (54), California (9), Colorado (16), Connecticut (4), Florida (3), Georgia (28), Idaho (6), Illinois (113), Indiana (18), Iowa (2), Kansas (19), Kentucky (2), Louisiana (1), Maine (1), Maryland (36), Massachusetts (28), Michigan (24), Minnesota (22), Mississippi (2), Missouri (20), Montana (1), New Hampshire (5), Nevada (12), New Jersey (12), New Mexico (102), New York (38), North Carolina (23), Ohio (10), Oklahoma (25), Oregon (10), Pennsylvania (12), Rhode Island (3), South Carolina (2), Tennessee (9), Texas (475), Utah (2), Virginia (31), Vermont (2), Washington (17), West Virginia (1), Wisconsin (13), and the District of Columbia (1). Five ill persons are reported from Canada; four appear to have been infected while traveling in the United States, and one illness remains under investigation.

Also, according to the CDC, Illnesses have been linked to consumption of an "item" containing fresh tomatoes and fresh jalapeño peppers.  Illnesses were also linked to an "item" containing fresh jalapeño peppers and no other of the suspect items.  The accumulated data from all investigations indicate that jalapeño peppers caused some illnesses but that they do not explain all illnesses.  Raw tomatoes, fresh serrano peppers, and fresh cilantro also remain under investigation.

The FDA has a slightly different take on this:

Consumers may resume enjoying any type of fresh tomato, including raw red plum, raw red Roma, and raw red round tomatoes.

While we are changing our consumer guidance about tomatoes, we reiterate our guidance to consumers that those in vulnerable populations (infants, the elderly, and immune-compromised people) should avoid eating jalapeño and serrano peppers as the investigation continues. The Centers for Disease Control and Prevention (CDC) has found that many, but not all, of the people who have become ill during the outbreak also reported eating jalapeño or serrano peppers.

North Carolina Recalls HASS Avocados & Jalapenos After Testing Positive For Salmonella

The State of North Carolina has forced the recall of Mexican-grown HASS avocados and jalapenos of unknown origin after they tested positive for Salmonella.

Two samples from a Charlotte, NC food distributor tested positive for salmonella. The state asked the company to recall jalapeno peppers and HASS avocados it received from a specific Texas food supply company.

In addition, the Texas supplier has been requested to recall all of the implicated products distributed in North Carolina.

The HASS avocados were shipped from Texas in boxes labeled "Frutas Finas de Tancitaro HASS Avocados, Produce of Mexico," 60 count with lot number HUE08160090889.

The jalapenos were shipped in black plastic crates weighing about 15 pounds
and containing no brand name or other label.


There is no confirmation yet that this contamination is the same Salmonella Saintpaul strain that has sickened 23 people in North Carolina and more than 1,200 people nationwide.

State Public Health Director Leah Devlin said, "We do not know yet whether this is the Salmonella Saintpaul strain, but these potentially contaminated products must be removed regardless."

CDC Offers New Way Of Looking At the Salmonella Saintpaul Outbreak

Interpretation of Epidemic Curves During

an Active Outbreak


Interpretation of Epidemic Curves During an Active Outbreak

FDA Declares it's OK to Eat Tomatoes Again

ABC News just reported:

 The U.S. government has declared it's OK to eat tomatoes again, lifting its salmonella warning amid signs that the outbreak -- while not over -- may finally be slowing.

Officials reiterated earlier warnings that the people most at risk of salmonella should avoid hot peppers -- jalapenos and serranos.

The government still doesn't know just what caused the salmonella outbreak, and Thursday's move doesn't mean tomatoes are cleared.

Early on, there was good evidence linking them to the sick, but it's unlikely that any field where tomatoes were harvested in April and May still is in production.

That's the latest.  Oh, and at least 1,196 confirmed cases of Salmonella Saintpaul, according to the Centers for Disease Control & Prevention.

Marler Speaks With Wall Street Journal's Law Blog About Salmonella Saintpaul Outbreak

Today's update from the Centers for Disease Control and Prevention (CDC) added 19 confirmed cases to the Salmonella Saintpaul outbreak, bringing the total up to 1,167.   The latest onset date (last time someone got sick)  remains July 4th.  If you need to know more than we reported yesterday, you can always check with CDC here.

Dan Slater at the Wall Street Journal's Law Blog today published In Salmonella Outbreak, Plaintiffs’ Lawyer Says: ‘No One to Sue’

Slater managed to find Bill Marler himself in the northern reaches of Minnesota, where he is representing the folks who were unfortunate enough to consume some E. coli laced Nebraska Beef a couple of years ago.   Marler sheds light on the Salmonella Saintpaul outbreak and the importance of finding the source.

We Were Not Free of Salmonella Saintpaul on the 4th of July; And Probably Still Aren't

Remember one of the lessons of the movie classic "Butch Cassidy & the Sundance Kid?"  If you are being chased and the distance on the ground between you and them isn't changing; your losing!

For days now, the Centers for Disease Control & Prevention has been able to look in its rear view mirror and ten days back see the last onset of the Salmonella Saintpaul illness.  The CDC today reported latest date for when Salmonella Saintpaul made was July 4th.

"Butch" and "Sundance" kept saying: "Who are those guys?"  CDC folk are probably saying a few things under their breath as well.  Its latest report has 1,148 confirmed cases of Salmonella Saintpaul.  CDC has 28 investigators in the field, trying to figure out the source of this outbreak.   All it has been able to come up with so far, is a salad bowl of possibilities.  CDC today said:

Three larger clusters have been intensively investigated. In one, illnesses were linked to consumption of an item containing fresh tomatoes and fresh jalapeno peppers.

In the other two, illnesses were linked to an item containing fresh jalapeno peppers and no other of the suspect items. The accumulated data from all investigations indicate that jalapeno peppers caused some illnesses but that they do not explain all illnesses.
Raw tomatoes, fresh serrano peppers, and fresh cilantro also remain under investigation. Investigators from many agencies are collaborating to track the source of the implicated peppers and other produce items.

Read the Extended Entry for the complete press release with map from CDC:


Continue Reading...

Might Basil Be The Break In The Salmonella Saintpaul Outbreak?

We learned Friday that the Salmonella Saintpaul outbreak was still making people sick as July began.
With 1,090 confirmed cases making this the largest fresh produce outbreak in a couple of decades, we are looking at the details and whether something might turn out to be the break needed to discover the source of the outbreak.

Inside the details is not only the fact that people were still getting sick as recently as July 1st, but in the 30 days prior to that--long after warnings about the "killer tomatoes" had dominated the news, 330 people were made sick by something they ate.   

How about  a break?  How about Thai Basil, grown in Mexico and imported by Lucky Green Trading, Inc. based in Garden Grove, CA? 

Its Thai Basil is being recalled after random testing by the U.S. Food & Drug Administration that revealed that "the finished products" contained Salmonella.

The company has suspended distribution and importation of the product as FDA and the company continues their investigation.

The Thai Basil was distributed through retail stores and direct delivery to customers in Southern California, Arizona , and Nevada on June 30, 2008.

The product was shipped in 14 LB cardboard cartons with 12 individual packages weighting approx.1.2 LB each in clear, unmarked, plastic bags.

The exterior cartons were labeled "16 DE SEPTIEMBRE S/N SANTA ROSA TAPACHULA NAYARIT, C.P. 63731" "Thai Basil" and also had an attached sticker with Airway Bill #027 1947 0861.

Go here for the the company's press release distributed by FDA.

Please note:  The word "Saintpaul" has not yet been connected to the Basil recall.



Salmonella Saintpaul Makes More Than 1,000 Sick: CDC Putting Focus On Peppers, Cilantro As Well

The Centers for Disease Control & Prevention (CDC) today says its counting 1,017 confirmed cases of Salmonella Saintpaul in 41 states, the District of Columbia, and Canada.   West Virginia appears to be the latest state with a case added to the count.

We found some of the commentary in CDC's statement today interesting.  Take this:

An initial epidemilogic investigation in New Mexico and Texas comparing foods eaten by persons who were ill in May to foods eaten by well persons identified consumption of raw tomatoes as strongly linked to illness.
An investigation by who?   Is CDC implying the initial investigation was mistaken?  And that statement is followed by this:

A similar but much larger, nationwide study comparing persons who were ill in June to well persons found that ill persons were more likely to have recently consumed raw tomatoes, fresh jalapeno peppers, and fresh cilantro. These items were commonly, though not always, consumed together, so that study could not determine which item(s) caused the illnesses.
The U.S. Food & Drug Administration (FDA) has NOT moved off its now 30+ day "warning to consumers nationwide that an outbreak of Salmonella serotype Saintpaul, an uncommon type of Salmonella, has been linked to consumption of some raw red plum, red Roma, round red tomatoes, and products containing these raw tomatoes."

Today, however, CDC goes on to say:

Recently, many clusters of illnesses have been identified in several states among persons who ate at restaurants. Most clusters involve fewer than 5 ill persons. Three larger clusters have been intensively investigated. In one, illnesses were linked to consumption of an item containing fresh tomatoes and fresh jalapeno peppers. In the other two, illnesses were linked to an item containing fresh jalapeno peppers and no other of the suspect items. The accumulated data from all investigations indicate that jalapeno peppers caused some illnesses but that they do not explain all illnesses. Raw tomatoes, fresh serrano peppers, and fresh cilantro also remain under investigation. Investigators from many agencies are collaborating to track the source of the implicated peppers and other produce items.

Head down below to the Extended Entry for the big map and more commentary from CDC. Continue Reading...

Might Salmonella Saintpaul Outbreak Be Stopped At June 26th?

We suppose the good news is that the date for the last time someone contracted Salmonella Saintpaul has NOT moved beyond last June 26th nor have any more states been added to the total of 40 and the District of Columbia.   The number of confirmed Salmonella Saintpaul cases has edged up to 971.

Tonight, we are going to ask you to go here for the CDC's maps, numbers and details.

Tomatoes, Cilantro, Jalapeño Peppers, Serrano Peppers, Scallions and Bulb Onions Now Being Investigation in Salmonella Saintpaul Outbreak - Nearly 1,000 Sickened

According to CNN, “starting Monday, health inspectors will halt the shipment of ingredients common to Mexican cuisine from Mexico to the United States” – this will include cilantro, jalapeno peppers, Serrano peppers, scallions and bulb onions. I assume that it may still include tomatoes?

As for illnesses, the CDC reports that 943 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 40 states, the District of Columbia, and Canada. Nearly 150 have been hospitalized. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (45), California (8), Colorado (12), Connecticut (4), Florida (2), Georgia (24), Idaho (4), Illinois (93), Indiana (14), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (22), Michigan (7), Minnesota (8), Missouri (12), New Hampshire (4), Nevada (11), New Jersey (9), New Mexico (98), New York (28), North Carolina (10), Ohio (7), Oklahoma (23), Oregon (10), Pennsylvania (8), Rhode Island (3), South Carolina (1), Tennessee (8), Texas (356), Utah (2), Virginia (29), Vermont (2), Washington (4), Wisconsin (10), and the District of Columbia (1). One ill person is reported from Ontario, Canada. 

According to the CDC, for every one person who is a stool-culture positive victim of salmonella in the United States, there a multiple of 38.5 who are also sick, but remain uncounted.  (See, AC Voetsch, “FoodNet estimate of the burden of illness caused by nontyphoidal Salmonella infections in the United States,”Clinical Infectious Diseases 2004;38 (Suppl 3):S127-34).  That means that we are close to poisoning 38,000 people and we do not even know the vector.

See Wall Street Journal Article - "Jalapenos Probed in Outbreak"

The fresh vegetable industry has been beating up on the CDC and FDA in recent days - some even ignoring the ill people and asking for government handouts to tomato growers.

Something to think about, according to the FDA, during the past decade, the consumption of fresh and fresh-cut tomatoes has been linked to at least 12 different outbreaks of foodborne illness (most salmonella) in the United States. Those outbreaks include 1,840 confirmed cases of illness. The majority of these outbreaks have been traced to products from Florida and the eastern shore of Virginia; however, tomato-associated outbreaks also have been traced to tomatoes from California, Georgia, Ohio, and South Carolina.

On the other hand I could not find a Jalapeno outbreak tied to salmonella at all and only two possibly linked to Hepatitis A and Norovirus.  Heck,  at Virginia Tech researchers found that "Hot pepper oil may prevent salmonella in poultry."
 

922 Confirmed Cases; 40 States & District of Columbia; Onset Date Marches Forward To June 25th: Outbreak Still Winning

Another day, another 35 confirmed cases of Salmonella Saintpaul and Iowa and Louisiana have joined the oubreak.  That brings the ground being covered by this outbreak to 40 states and the District of Columbia.  Plus, Canada has confirmed one of its citizens is also a Salmonella Saintpaul victim after getting back from the USA.  And the most recent date for someone getting sick advanced to June 25th.

Here from the Centers for Disease Control & Prevention are today's numbers and the other various details:

Cases infected with the outbreak strain of Salmonella Saintpaul, United States, by state, as of July 2, 2008 9pm EDT

Cases infected with the outbreak strain of Salmonella Saintpaul, United States, by state, as of July 2, 2008 9pm EDT

Since April, 922 persons infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 40 states and the District of Columbia. These were identified because clinical laboratories in all states send Salmonella strains from ill persons to their State public health laboratory for characterization.

Two new states, Iowa and Louisiana, report ill persons. The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (45), California (8), Colorado (12), Connecticut (4), Florida (1), Georgia (22), Idaho (4), Illinois (91), Indiana (14), Iowa (2), Kansas (17), Kentucky (1), Louisiana (1), Maine (1), Maryland (29), Massachusetts (22), Michigan (7), Minnesota (2), Missouri (12), New Hampshire (4), Nevada (11), New Jersey (6), New Mexico (95), New York (26), North Carolina (10), Ohio (7), Oklahoma (23), Oregon (10), Pennsylvania (8), Rhode Island (3), South Carolina (1), Tennessee (7), Texas (356), Utah (2), Virginia (29), Vermont (2), Washington (4), Wisconsin (10), and the District of Columbia (1).

Among the 627 persons with information available, illnesses began between April 10 and June 25, 2008, including 210 who became ill on June 1 or later. Many steps must occur between a person becoming ill and the determination that the illness was caused by the outbreak strain of Salmonella; these steps take an average of 2-3 weeks.

Therefore, an illness reported today may have begun 2-3 weeks ago. Patients range in age from <1 to 99 years; 49 percent are female. The rate of illness is highest among persons 20 to 29 years old; the rate of illness is lowest in children 10 to 19 years old and in persons 80 or more years old. At least 111 persons were hospitalized. One death in a man in Texas in his eighties has been associated with this outbreak. In addition, a man in his sixties who died in Texas from cancer had an infection with the outbreak strain of Salmonella Saintpaul at the time of his death; the infection may have contributed to his death.


Say, Do you have Salmonella Saintpaul in my Salsa?

The CDC says now that we have 887 people infected with Salmonella Saintpaul with the same genetic fingerprint have been identified in 38 states and the District of Columbia.  Two new states, Alabama and South Carolina, report ill persons. 

The number of ill persons identified in each state is as follows: Alabama (2 persons), Arkansas (10), Arizona (44), California (8), Colorado (11), Connecticut (4), Florida (1), Georgia (22), Idaho (4), Illinois (91), Indiana (11), Kansas (17), Kentucky (1), Maine (1), Maryland (29), Massachusetts (21), Michigan (6), Minnesota (2), Missouri (12), New Hampshire (3), Nevada (11), New Jersey (6), New Mexico (90), New York (26), North Carolina (5), Ohio (7), Oklahoma (23), Oregon (10), Pennsylvania (8), Rhode Island (3), South Carolina (1), Tennessee (6), Texas (354), Utah (2), Virginia (22), Vermont (2), Washington (4), Wisconsin (6), and the District of Columbia (1).

The produce industry is calling for "investigations" (hmmm, where have they been in the last several years as they have poisoned thousands?) to see why the CDC and FDA may have picked tomatoes instead of Salsa as the vector for all these illnesses.  The USA Today quotes me as saying:

Bill Marler, one of the nation's leading food-safety attorneys, says the FDA can't be faulted for acting in the absence of a "smoking tomato" laced with the salmonella bacteria.

"Should they have waited until they knew exactly what it was? Well, whose side do they want to come down on: the side of public health and kids or the produce industry?" Marler asks.