In the summer of 2004, hundreds of people on the east coast became ill from eating salmonella-tainted tomatoes purchased at Sheetz Convenience Stores.

In 2004 the FDA warned the lettuce and tomato industry by letter:

"This letter is intended to make you aware of the Food and Drug Administration’s (FDA’s) concern regarding continuing outbreaks of foodborne illness associated with the consumption of fresh lettuce and fresh tomatoes, and actions we recommend that your industries take to enhance the safety of these products."

Marler-Clark represented nearly 150 people in several states in the 2004. The reoccurence of this current outbreak seems to indicate some negligence on the part of the industry.