Search results: Complaint

USDA has finally proposed new rules to try to make the current poultry farming system a bit more fair to the people who actually raise the chickens.

Under the current system, the big poultry producers get the benefits while the chicken farmers take all the risks.  The companies supply the chicks; the farmers pay for the houses, equipment, and management—and take on immense debt to do so.

They are paid according to a tournament system.  Farmers who produce the most amount of chicken using the least amount of feed are paid the most; others get less.  But the farmers do not control the quality of the chicks they receive.  They also sell to only one buyer, a system with its own name, monopsony.

John Oliver did a synopsis of the tournaent system in 2015.

Hence the new rule: Transparency in Poultry Grower Contracting and Tournaments.  This does not get rid of the tournament system, unfortunately, but it does require poultry companies to disclose key information to growers about realistic outcomes before making important contracting decisions such as capital investments, and about key inputs.

The point is to enable growers to understand the terms of their contracts so as to have a better chance to compete.

• USDA is seeking comments on this proposed rule and also on additional steps it could take to enhance fairness and address concerns about the tournament system.  Poultry Growing Tournament Systems: Fairness and Related Concerns is available for comment until Sept. 6, 2022, at www.regulations.gov.
• For more information, see Agricultural Competition: A Plan in Support of Fair and Competitive Markets.

Also see:

• Government Accountability Project whistleblower complaints against the tournament system
• Johns Hopkins Center for a Livable Future — Letter to State Attorneys General on Protecting Contract Chicken Farmers from Unfair Business Practices.
• Survey Results: Marylanders Support a Fair Poultry Industry and Stronger Government Oversight
• Civil Eats op-ed on ending the tournament system

According to Politico, advocates for a fairer system are complaining that the largest poultry companies are pressuring farmers to oppose the USDA’s proposed rule and providing them with form letters to send in.

The USDA acknowledged these complaints when it announced an extension of the public comment period.

USDA is taking these steps to help ensure the integrity of the Federal rulemaking process and to ensure all parties have the opportunity to fully comment.

“There is fear throughout the meat and poultry industry as we saw earlier this year at two separate Congressional hearings where witnesses did not testify due to concerns of retaliation,” Vilsack said. “But it is still critical that we hear the full story, so we are highlighting the option for comments to be provided anonymously.”

Politico says that as of Aug. 18, the USDA had received at least 350 public comments.  According to its analysis, at least 200 of public comments support the rule, though some supporters have significant reservations and are imploring USDA to go further.

Breaking news: The ingredient that caused the illnesses among people who consumed Daily Harvest’s French Lentil + Leek Crumbles has been identified, sort of.  As suspected, it’s the tara flour.  But what’s the toxin in the tara flour?  That, we still don’t know.

As Rachel Drori, the CEO of Daily Harvest, explains in her latest update (all are here).

At this time, we have identified tara flour as the cause of the issue. Our extensive investigation has involved many experts analyzing data from all sources. We have only used this ingredient in French Lentil + Leek Crumbles and we are no longer sourcing from this producer who does not provide any ingredients for our 140+ other items. This was the first and only time we’ve used tara flour, which has been available and used in the North American market as a plant-based source of protein prior to our use. Our investigation team will continue working with the FDA, the tara flour producer and others to help determine what specifically made people sick.

To review: Daily Harvest is a company that makes and ships preprepared vegan frozen meals, one of which, French Lentil + Leek Crumbles, has been recalled after several hundred people who ate it developed serious problems with their livers and gall bladders.

The big question: what caused these problems?

As Drori says:

The FDA is on the case.  Its most recent accounting gives these figures:

Total Adverse Illness Events: 277*
Hospitalizations: 96*
Deaths: 0
Last illness onset: July 9, 2022*
States with Adverse Illness Events: AZ, CA, CO, CT, DE, FL, GA, IL, IN, IA, MD, MA, MN, MI, MO, MT, NH, NJ, NY, NC, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WI
Product Distribution: Nationwide
*Estimate based on Consumer Complaint and CAERs reports received by the FDA

The FDA’s previous update noted that the company shipped about 28,000 of these specific meals between April 28 and June 17.

Food safety lawyer Bill Marler, who represents many of the afflicted (and is filing lawsuits), says:

We have filed lawsuits in both state and federal court to more effectively push discovery against both Daily Harvest and the manufacturer of the product, Stone Gate. We need to know what is the likely common ingredient and who supplied it. We need to understand all food safety protocols and what went wrong. We need to know when these companies first were aware of the “Adverse Illness Events” and what was done with that information.

Marler’s latest summary is here.

ABC News reporter Melanie Woodrow (@Melanie Woodrow) spoke with some of the victims and their lawyers (not Bill Marler)  She Tweeted:

Spoke w/ two attorneys today who say #DailyHarvest has filed motions compelling their clients to arbitrate, meaning cases would play out in conference room not court. @DlyHarvest says customers agreed to terms that included an arbitration clause.

I truly do not understand why the toxin has not yet been identified.

This situation reminds me of how hard it was to identify melamine as the toxin in the massive pet food recalls of 2006.  I ended up writing a book about this case: Pet Food Politics: The Chihuahua in the Coal Mine.

While waiting for answers, let’s all wish the victims a speedy recovery.

Daily Harvest is a company that makes vegan meals, mostly organic, and freezes them for home delivery.

By mid-June, it had received 470 complaints from customers who ate a new product, French Lentil + Leek Crumbles, but developed severe liver and gall bladder problems.  On June 23,  Daily Harvest issued a recall of the product “due to potential health risk” (also see After 470 reports of illnesses, Daily Harvest recalls French Lentil + Leek Crumbles).

I was especially interested in this event for two reasons: Daily Harvest twice sent me meals to sample (before it introduced this one) and I knew they had to be cooked before eating, which would kill harmful microbes, and I could not imagine what could possibly cause reactions this toxic (as I explained to the New York Times).

This product’s ingredient list seems benign:

organic butternut squash, organic hemp seeds, organic cauliflower rice, organic extra virgin olive oil, organic french lentils, organic red lentils, organic tri-colored quinoa, organic cremini mushrooms, organic tara flour, organic leeks, organic parsley, water, organic cassava root flour, organic flax seeds, organic sacha inchi powder, chia seeds, organic porcini powder, himalayan sea salt, organic apple cider vinegar, organic onion powder, nutritional yeast, organic garlic powder, organic tomato powder, organic white pepper, organic coriander seeds, organic mustard powder, organic thyme.

More than that, on June 25, food safety lawyer Bill Marler was asking the same question: What is it in Daily Harvest’s French Lentil and Leek Crumbles that is causing liver failure?  He was sending samples out to his own labs.

On June 28, Daily Harvest responds to customers sickened, hospitalized from 1 of its products.

On June 30, the FDA published its Investigation of Adverse Event Reports: French Lentil & Leek Crumbles

On June 17, 2022, in response to consumer complaints submitted to the company, Daily Harvest voluntarily initiated a recall of their French Lentil & Leek Crumbles…From April 28 to June 17, 2022, approximately 28,000 units of the recalled product were distributed to consumers in the continental United States through online sales and direct delivery, as well as through retail sales at the Daily Harvest store in Chicago, IL, and a “pop-up” store in Los Angeles, CA. Samples were also provided to a small number of consumers. Daily Harvest emailed consumers who were shipped the affected product, and other consumers for whom the company had contact information and consumers were issued a credit for the recalled product. Consumers who may still have the recalled product in their freezers should immediately dispose of it.

On July 1, the FDA announced the recall and issued an advisory for these events.

Also on July 1,  Daily Harvest issued UPDATES ON OUR VOLUNTARY RECALL OF FRENCH LENTIL + LEEK CRUMBLES

Rachel here – I want to give you another update on the French Lentil + Leek Crumbles recall. As you know, we’ve been conducting exhaustive testing over the course of the last two weeks. Despite this, we still have not identified a possible cause. I am sorry that it’s taking as long as it is to pinpoint exactly what may have made people sick. We are deeply committed to finding answers for those impacted. We’re working with top doctors, microbiologists, toxicologists as well as 3 independent labs.   While additional testing is underway, results to date rule out the following:

• Hepatitis A

• Norovirus

• A range of mycotoxins, including aflatoxins

• Food-borne pathogens including Listeria, E.Coli, Salmonella, Staphylococcus Aureus (Staph), B.Cereus, and Clostridium Species

• Major allergens including egg, soy, milk, and gluten

I assure you, we will not stop until we get to the bottom of this. We’re continuing to work in close cooperation with the FDA, CDC and other health agencies. The FDA released an update on their investigation yesterday, which can be found here on their website.

I’m baffled.  I can’t understand why toxin testing hasn’t come up with anything.  The illnesses are real and all traced to this product.

The FDA’s recommendation: “Consumers should not eat, sell, or serve recalled products. Consumers who may still have the recalled product in their freezers should throw it away.”

Bill Marler agrees with don’t eat it, but he wants the product saved as evidence.  He has questions and suggestions:

• When did Daily Harvest first learn that its French Lentil + Leek Crumbles were causing Liver Failure?
• What to do if you have been or are sick after eating French Leek and Lentil Crumble  

His hypothesis: the Tara ingredient.

• Revive Superfoods no longer has Tara as a listed ingredient – what happened in the last 24 hours?
• Are Revive Superfood Smoothies linked to acute Liver Failure too?
• Is Reddit the new FDA? Is it the Tara?
• Hey, CDC, I have 175 people you should talk to

We believe that the illnesses may well be linked to a common ingredient called Tara that comes exclusively from Peru (this due because it is a unique ingredient to the French Lentil + Leek Crumbles AND to certain Revive Smoothies where people are reporting identical symptoms).

Here’s what Wikipedia says about Tara:

Tara gum…is produced by separating and grinding the endosperm of T. spinosa seeds…The major component of the gum is a galactomannan polymer similar to the main components of guar and locust bean gums that are used widely in the food industry….Tara gum has been deemed safe for human consumption as a food additive… Medicinal uses in Peru include gargling infusions of the pods for inflamed tonsils or washing wounds; it is also used for fevers, colds, and stomach aches. Water from boiled, dried pods is also used to kill fleas and other insects.

Bill Marler is on the case.  He has 175 clients so far.

• Marler Clark files first of hundreds of lawsuits against Daily Harvest
• Daily Harvest customer had gallbladder removed after eating frozen item: suit.
• Daily Harvest hit with lawsuit by woman who blames company for gallbladder removal
• Daily Harvest Faces Lawsuits Over Claims of Mystery Illness Causing Severe Pain and Gallbladder Failure

I’ve heard privately from people who experienced sickness after eating this product.  I’ve read about others like this one:

• Daily Harvest customer tried to warn CEO symptoms much worse than ‘gastrointestinal discomfort’

I wish everyone a speedy recovery, and hope the toxin gets identified soon.  Stay tuned.

Hundreds of reports of illness from eating Lucky Charms cereal have intrigued food safety experts.

The FDA is investigating, but being really cagey about it.

Everybody seems to know that reference number 1064 refers to Lucky Charms cereal.

The FDA has received 529 reports of adverse effects.

Food safety lawyer Bill Marler has been following the situation.

Since late 2021, the crowd sourcing website iwaspoisoned.com has received 6,400 reports from people complaining of classic food poisoning symptoms of nausea, vomiting and diarrhea after eating Lucky Charms cereal. General Mills, the maker of the cereal, has said that is has investigated the situation and there is no apparent link between the reported illnesses and Lucky Charms.

The Washington Post quotes experts calling for a recall, Bill Marler among them.

Although, there has been no scientific proven link, be it chemical or an allergen, between the several thousand illnesses and Lucky Charms,” Marler said, “my advice to General Mills is to recall the product and reset its trust with the consuming public until more is known.

Is there a link?  Or is this just a matter of people getting sick, remembering they ate this cereal, and putting the two together—even though no cause-and-effect exists.

Here’s a report from a House Subcommitteethe on the behavior of the meat packing industry during the Trump Administration.

The key findings:

• The Meatpacking Industry Had Notice of the Acute Risks the Coronavirus Posed to Workers in Meatpacking Plants.
  Meatpacking Companies’ Claims of an Impending Protein Shortage Were Flimsy if Not Outright False.
• Meatpacking Companies Successfully Enlisted Trump USDA Political Appointees to Advocate Against Health Protections for Workers, While Sidelining Career Staff.
• Meatpacking Companies Worked with Trump’s USDA to Force Meatpacking Workers to Stay on the Job Despite Unsafe Conditions.
• Meatpacking Companies Worked with USDA and the White House in an Attempt to Prevent State and Local Health Departments from Regulating Coronavirus Precautions in
  Plants.
• Meatpacking Companies Successfully Lobbied USDA and the White House to Issue an Executive Order Purporting to Insulate Them from State and Local Coronavirus
  Regulations and Liability for Worker Infections and Deaths.

And just to remind you what was at stake, from Leah Douglas’s reporting for the Food and Environment Reporting Network:

Here’s Leah Douglas’s analysis of this report in Reuters, where she now works.

In the meantime, the meat packers deny all of this.

At the end of April, the House Agriculture Committee held hearings on the effects of consolidation in the meat industry.  These were the result of complaints by ranchers that they have been squeezed out by meatpackers and are being forced to sell their animals at prices below their costs.

I’ve written previously about President Biden’s executive order on the meat industry, and about his concerns about lack of competition in that industry.

The hearings followed up on those themes: The CEOs of the four major meat packing companies testified in defense of their practices, and denied colluding on prices.

Should we believe them?

Why does this remind me of the cigarette CEOs denying that their products cause cancer?

If you want more details, here are the links (thanks to Jerry Hagstrom for collecting these at The Hagstrom Report on April 27).  His report is at this link.

• House Agriculture Committee hearing – An examination of price discrepancies, transparency, and alleged unfair practices in cattle markets (video)
• Coy Young, cow/calf producer, Blythedale, Mo.
• Gilles Stockton, cow/calf producer, Grass Range, Mont., on behalf of National Plains Research Council and Western Organization of Research Councils
• Don Schiefelbein, cattle producer and president of National Cattlemen’s Beef Association, Kimball, Minn.
• David MacLennan, CEO, Cargill Inc., Wayzata, Minn.
• Tim Schellpeper, CEO, JBS USA Holdings Inc., Greeley, Colo.
• Tim Klein, CEO, National Beef Packing Co. LLC, Kansas City, Mo.
• Donnie King, CEO, Tyson Foods, Springdale, Ark.

After all my complaints about nutrition science, every now and then I hear about a study that just seems perfect.

Thanks to my NYU colleague Mitchell Moss for sending this account of the study:  Age-old Oreo mystery solved by MIT scientists: Can the cream be evenly split between both sides?

The study (published in a physics journal, no less): On Oreology, the fracture and flow of “milk’s favorite cookie. Crystal E. Owens, Max R. Fan,, A. John Hart, and  Gareth H. McKinley  Physics of Fluids 34, 043107 (2022); https://doi.org/10.1063/5.0085362

The mechanical experience of consumption (i.e., feel, softness, and texture) of many foods is intrinsic to their enjoyable consumption, one example being the habit of twisting a sandwich cookie to reveal the cream. Scientifically, sandwich cookies present a paradigmatic model of parallel plate rheometry in which a fluid sample, the cream, is held between two parallel plates, the wafers. When the wafers are counter-rotated, the cream deforms, flows, and ultimately fractures, leading to separation of the cookie into two pieces.

Method: Using a laboratory rheometer, we measure failure mechanics of the eponymous Oreo’s “creme” and probe the influence of rotation rate, amount of creme, and flavor on the stress–strain curve and postmortem creme distribution.

Results: The results typically show adhesive failure, in which nearly allw (95%) creme remains on one wafer after failure, and we ascribe this to the production process, as we confirm that the creme-heavy side is uniformly oriented within most of the boxes of Oreos…Failure mechanics further classify the creme texture as “mushy.”

Research iInnovations: We introduce Oreology (/ɔriːˈɒlədʒi/), from the Nabisco Oreo for “cookie” and the Greek rheo logia for “flow study,” as the study of the flow and fracture of sandwich cookies…Finally, we introduce and validate the design of an open-source, three-dimensionally printed Oreometer powered by rubber bands and coins for encouraging higher precision home studies to contribute new discoveries to this incipient field of study.

Multimedia: The study comes with a computer-redered animation demonstrating use of the Oreometer (definitely worth a look).

FIG. 11. This computer-rendered animation shows the assembly and use of our Oreometer including inserting the Oreo cookie into the two halves of the clamping fixture, inserting this fixture into the base, and adjusting the base separation, adding “penny castles” to the wings, adding pennies, and finally observing the fractured Oreo.

The press release: MIT engineers introduce the Oreometer

In all, the team went through about 20 boxes of Oreos, including regular, Double Stuf, and Mega Stuf levels of filling, and regular, dark chocolate, and “golden” wafer flavors. Surprisingly, they found that no matter the amount of cream filling or flavor, the cream almost always separated onto one wafer.

Comment:  Who are these people?  I love their study.  I can’t do justice to it in this brief summary.  Read it.  It’s clearly written, elegantly illustrated, and full of delicious tidbits about the construction of Oreos.

But I do have a question: When trans fats were required to be revealed on food labels, Oreo creme was no longer made with hydrogenated oils.  I think the creme in Oreos was firmer with trans fats.  I’m guessing the “mushiness” is due to higher levels of unsaturated fatty acids.  I think a historian needs to get into this.  Is the unfair distribution of creme collateral damage from making its fats healthier?

Politico’s Helena Bottemiller Evich has produced a blockbuster exposé of the FDA.

If you’ve been worried that the FDA is not doing its job, you are not alone.  This is an astonishing piece of in-depth reporting on the current status of this agency, which in addition to regulating drugs is responsible for the safety and labeling of three-quarters of the food we eat.

I have long complained that the FDA has two structural handicaps:

1. The FDA Commissioner is not even close to being a cabinet-level appointment; it is at least two steps down the reporting ladder, meaning lots of reporting requirements and authority.
2. FDA gets its funding from congressional agriculture committees, even though it is an agency of the Public Health Service.  This result of history puts it secondary to USDA in committee funding priority.

I also have long believed that it would be better all the way around if the FDA strongly regulated the food industry.  Strong regulatory agencies are essential for:

• Trust in science
• Trust in government
• Trust in the food supply
• Establishing a level playing field for the food industry

Here’s what Bottemiller Evich found when she looked into FDA’s delays in getting regulations into place:

Many consumers would be surprised to learn this anemic, slow response is typical for an agency that oversees nearly 80 percent of the American food supply, but slow is what insiders in Washington have come to expect from FDA, regardless of administration.

A monthslong POLITICO investigation found that regulating food is simply not a high priority at the agency, where drugs and other medical products dominate, both in budget and bandwidth – a dynamic that’s only been exacerbated during the pandemic.

Over the years, the food side of FDA has been so ignored and grown so dysfunctional that even former FDA commissioners readily acknowledged problems in interviews.

Her investigation comes in five parts:

1. “It’s a struture that’s designed to fail.” This part deals with leadership challenges.
2. “A bit of a black hole.”   Why the FDA took so long to get out standards for regulating irrigation water, and weak ones at that.
3. The rage of a million parents.  The FDA’s failure to take vigorous action to remove toxic metals from baby food and ensure the safety of infant formula.
4. “Our food is making us sicker” Why the FDA has been so lax about getting sodium reduced in the food supply.
5. “They ignore everyone.” The agency, which seems excessively responsive to industry, doesn’t consult its leaders adequately.

Bottemiller Evich says:

• Read the four major findings from our investigation.
• Have you complained to the FDA about the Similac recall or another infant formula problem? We want to hear from you.

Every bit of this is worth reading and pondering.  We need a strong, active FDA, unafraid to take unpopular stances to protect public health.

The FDA needs an overhaul.  I hope it comes soon.

Maybe this article will get everyone thinking about how best to get this?

Congressional reactions: Lawmakers demand answers from FDA after investigation on food failures

• Sen. Patty Murray (D-Wa.), who leads the Senate Committee on Health, Education, Labor and Pensions, sent a strongly-worded letter to FDA Commissioner Robert Califf Monday afternoon seeking “immediate action to ensure the FDA is doing all it can to fulfill all aspects of its mission to protect the health and safety of the American people.”
• Rep. Frank Pallone (D-N.J.), chair of the House Energy and Commerce Committee, tweeted Monday that he is requesting a briefing from the agency.
• House Appropriations Chair Rosa DeLauro (D-Conn.) also tweeted criticism over the weekend: “The ‘F’ in FDA has come to mean ‘failure’ on food safety,” she wrote. “We must greatly intensify the pressure to get the FDA to do its job and to keep the American people safe and alive.

Bill Marler’s: FDA’s failures have consequences – real people – here is one story – there are countless others

The FDA’s?  The agency has not released a statement but by coincidence it is holding a webinar tomorrow on one aspect of Politico’s investigation.  An opportunity to ask questions?

Please join the U.S. Food and Drug Administration (FDA) for a webinaron April 13, 2022 at 2 p.m. on the Foodborne Outbreak Response Improvement Plan that the agency released in early December 2021.

Michael Taylor on the need for a separate food safety agency or better direction for food within FDA.

I posted about this recall on February 22.

A quick review: The FDA is advising consumers not to use certain Abbott’s powdered formula products because they might be contaminated with  Cronobacter sakazakii or Salmonella Newport.

To date, one infant is ill with Salmonella Newport, and four ill with Cronobacter sakazakii with two deaths.

This is a shocking tragedy.  Formula-fed babies are entirely dependent on those products.  They are heavily regulated, or supposed to be.

The three powdered formula brands at issue are Similac, Alimentum, or EleCare.  The FDA says not to use them if:

• the first two digits of the code are 22 through 37; and
• the code on the container contains K8, SH or Z2; and
• the expiration date is 4-1-2022 (APR 2022) or later.

Abbott’s recall announcement has more information about the specific products.

Politico’s Helena Bottemiller Evich is following this case closely.

She interviewed parents of children harmed, sometimes terribly, by consuming contaminated formula.

In an earlier report, she detailed the history of FDA’s inspections of the Abbott laboratory and the agency’s surprising delay in getting Abbott to do a “voluntary” recall.

Food safety lawyer Bill Marler also has questions about the quality of production and FDA’s surprising lack of action.

Fortunately, House Appropriations Chair Rosa DeLauro has called on the Department of Health and Human Services’ Inspector General to invesigate whether the FDA “took prompt, appropriate, and effective action” in this situation.

As for Abbott, its statement says:

The company said all of its finished products are tested for the pathogens before they’re released, and samples it retained tested negative for the infections related to the complaints.  “We value the trust parents place in us for high quality and safe nutrition and we’ll do whatever it takes to keep that trust and resolve this situation.”

I have my own question: Why isn’t there far more media attention to the formula recalls?  Babies’ lives are at stake.  Parents, understanably, are frantic.

What should they do?

• Feed liquid formula.  It, at least, is sterile.
• Scream for federal action (if enough people do, it might get some).