Civil justice system provides food industry accountability – report

There are no consistent market repercussions for food companies who allow products to become contaminated and no economic motivators to keep it safe, it said in a report​.

The civil justice system is effective for rooting out problems as private attorneys can compel producers, suppliers, buyers, and auditors to disclose information that helps trace how food was allowed to become contaminated, and pinpoint the parties responsible.

However, regulators investigatory efforts are limited to external factors of the food chain such as tracking genetic links between those sick and the food eaten.

Unlike private auditing, the civil justice system operates without the incentive to cut costs.

‘Would be a crisis in another area’​

David Ratcliff, AAJ researcher and co-author of the report, said the association works in the background on cases and in Congress lobbying on the subject.

“We don’t think it gets the attention it deserves, it would be a crisis if it was in another area, if you look at the numbers of people sick every year," ​he told FoodQualityNews.​

“From a personal point of view I am careful about what I eat but learning about how easy cross contamination is…you can cook meat and wash spinach but you can’t wash cheese, you take it on trust it is safe to eat.​

“For the report the feelings of the attorneys we talked to where the issues in meat were better but in spinach and leafy greens they were worse.​

“[I hope the report] makes people more aware of problems faced, the fact you can’t take food safety on trust and remain cognisant of problems and we can go forward and put pressure on officials to ensure FSMA is funded properly as if it isn’t funded fully the job can’t be done.”       ​

Call to Congress and industry​

AAJ called for Congress to make multi-drug resistance Salmonella strains an official adulterant – like E.coli and create a single agency to oversee food safety instead of the 15 that currently exist.

It also urged industry to do random testing of products and vaccinate cattle to reduce E.coli shedding.  

Federal regulators have not had the capabilities to respond to changes in the food industry and adequately protect the public.

The FDA is issuing new rules, but will have inadequate funding to make frequent inspections and USDA has inspectors at meat processing facilities, but will not order companies to recall products, said the report.

AAJ quotes a variety of sources, including a study that claims foodborne illnesses costs the nation $77bn​ and other saying ‘unknown agents’ account for 81% of foodborne illnesses​.

The report also features the 10 worst outbreaks including Listeria in Blue Bell ice cream.

A typical meal features ingredients from a dozen different sources and the consumer places trust in each one with every bite, said the report.

For millions that trust is violated by negligent food providers every year, and for thousands the consequences are fatal.

Knowing they could be held accountable in court provides significant incentive for manufacturers to improve food safety and end dangerous practices, said AAJ.

Larry Tawwater, president of AAJ, said because regulators are underfunded and understaffed, it is the civil justice system that provides the accountability necessary to safeguard the food supply. 

“Yet, time and again, food producers have cut corners on food safety knowing full well that tainted products cause serious illness or even death. ​ ​

“Cutting corners puts profits over people and that’s unforgivable when it comes to our food supply. Parents should never have to be worry about the safety of the peanut butter or ice cream they feed their children.” ​