by Marion Nestle

Currently browsing posts about: Food-safety

Jul 11 2009

The Cookie Dough mystery deepens

I’m in Alaska this week and out of Internet contact most of the time so it’s been hard to follow the cookie dough story.  It seems that the strain of E. coli found in the cookie dough does not match the strains in the people who have gotten ill from (presumably) eating it.  The FDA can’t figure out how E. coli got into the cookie dough.

When I can get to a computer, I like to check the FDA page on this outbreak, and also the one from the CDC.  But it looks like they are only updating the pages about once a week.  So the quickest way to keep current on this is through Bill Marler’s blog.

[Posted from Anchorage]

Jul 7 2009

Michael Taylor appointed to FDA: A good choice!

On Monday this week, Michael Taylor began his new job as special assistant to the FDA Commissioner for food safety.  He will be in charge of implementing whatever food safety laws Congress finally decides to pass.

I know that what I am about to say will surprise, if not shock, many of you, but I think he’s an excellent choice for this job. Yes, I know he worked for Monsanto, not only once (indirectly) but twice (directly). And yes, he’s the first person whose name is mentioned when anyone talks about the “revolving door” between the food industry and government. And yes, he signed off on the FDA’s consumer-unfriendly policies on labeling genetically modified foods.

But before you decide that I must have drunk the Kool Aid on this one, hear me out.  He really is a good choice for this job.  Why?  Because he managed to get USDA to institute HACCP (science-based food safety regulations) for meat and poultry against the full opposition of the meat industry — a truly heroic accomplishment.  His position on food safety has been strong and consistent for years.  He favors a single food agency, HACCP for all foods, and accountability and enforcement.  We need this for FDA-regulated foods (we also need enforcement for USDA-regulated foods, but he won’t be able to touch that unless Congress says so).  So he’s the person most likely to be able to get decent regulations in place and get them enforced.

I say this in full knowledge of his history.  In the 1990s, Mr. Taylor held positions in both FDA and USDA and his career in these agencies is complicated.  As I explained in my 2003 book, Safe Food  (see the endnotes for full documentation), Mr. Taylor began his career as a lawyer with the FDA. When he left the FDA, he went to work for King & Spalding, a law firm that represented Monsanto, the company that developed genetically engineered bovine growth hormone (BGH), corn, and soybeans.

He revolved back to the FDA in 1991 as deputy commissioner for policy, and he held that position during the time the agency approved Monsanto’s BGH. At the time of the review, he had been with FDA for more than two years. This made him exempt from newly passed conflict-of-interest guidelines that applied only to the first year of federal employment.  He also was a coauthor of the FDA’s 1992 policy statement on genetically engineered plant foods, and he signed the Federal Register notice stating that milk from cows treated with BGH did not have to be labeled as such.

For whatever it is worth, a 1999 lawsuit and GAO report revealed considerable disagreement about these decisions within FDA. These also revealed that Mr. Taylor had recused himself from matters related to Monsanto’s BGH and had “never sought to influence the thrust or content” of the agency’s policies on Monsanto’s products.  I can’t tell whether there were ethical breaches here or not, but there is little question that his work at FDA gave the appearance of conflict of interest, if nothing more.

But wait! Watch what happened when he moved to USDA in 1994 as head of its Food Safety and Inspection Service (FSIS). Just six weeks after taking the job, Mr. Taylor gave his first public speech to an annual convention of the American Meat Institute. There, he announced that USDA would now be driven by public health goals as much or more than by productivity concerns. The USDA would soon require science-based HACCP systems in every meat and poultry plant, would be testing raw ground beef, and would require contaminated meat to be destroyed or reprocessed. And because E. coli O157.H7 is infectious at very low doses, the USDA would consider any level of contamination of ground beef with these bacteria to be unsafe, adulterated, and subject to enforcement action.  Whew.  This took real courage.

The amazing thing is that he actually made this work.  Now, HACCP rules apply more to USDA-regulated products than to FDA-regulated products. This new appointment gives Mr. Taylor the chance to bring FDA’s policies in line with USDA’s and even more, to make sure they are monitored and enforced.

In Safe Food, I summarize Mr. Taylor’s position on food safety regulation from 2002. Then, he argued for, among other things:

  • A single agency accountable for providing consistent and coordinated oversight of food safety, from farm to table.
  • Institution of Pathogen Reduction: HACCP, with performance standards verified by pathogen testing, at every step of food production.
  • Recall authority, access to records, and penalties for lapses in safety procedures.
  • Standards for imported foods equivalent to those for domestic foods.
  • Food safety to take precedence over commercial considerations in trade disputes.

Yes, he revolved back to Monsanto after leaving FDA but he didn’t stay long. He left Monsanto for Resources for the Future, a think tank on policy issues.   In 2007, he went to academia and joined the food policy think tank (see his bio) at George Washington University.  There, he produced the excellent food safety report I mentioned in a previous post, which repeats these points. This is about as good a position on food safety as can be expected of any federal official.

I wish him all the luck in the world in getting the safety of FDA-regulated foods under control. For those of you who are still dubious, how about giving him a chance to show what he can do?  But do keep the pressure on – hold his feet to the fire – so he knows he has plenty of support for doing the right thing.

[Posted from Skagway, Alaska, en route to Fairbanks]

Jun 30 2009

E. coli found in cookie dough

The story thus far:

From January to June 2009, at least 69 people from 29 states have gotten sick with E. coli O157:H7.  Many of them confessed to eating Nestlé’s raw cookie dough.

On June 19, the FDA warned the public not to eat Nestlé’s raw cookie dough.  Nestlé issued a “voluntary’ recall.

Everyone is baffled about how E. coli O157:H7 could have gotten into cookie dough.  They wonder if cookie dough really is the cause.

The voluntary recall isn’t working (most don’t).  Obama Foodorama has no trouble finding plenty of recalled cookie dough on Washington DC shelves.

The Wall Street Journal reports that since 2006, Nestlé has consistently refused to allow FDA investigators to look at their safety records.  The company doesn’t have to.  All those pesky regulatory requirements are voluntary (that word again).

But now, in a spirit of someone more enforced cooperation, Nestlé lets the FDA in.  Bingo.  On June 29, the FDA says it finds E. coli O157:H7 in one batch of cookie dough.    But conversations with FDA officials leave many questions unanswered.

Nestlé is understandably concerned.   The company says it “deeply regrets” what happened and is fully cooperating with the FDA.

OK.  So if we didn’t know it before, we know it now: “voluntary” is a euphemism for not having to do anything.  Doesn’t this suggest the need for some real regulations?

Jun 29 2009

Gosh. Consumers don’t trust the food supply

I didn’t know that IBM was in the survey business but apparently it has just asked people what they think about the safety of the food supply.  Fewer than 20% of the 1,000 people who responded said (what a surpise) that they trusted food companies to make safe and healthful foods.

More than 60% said they were worried about food safety and – this one really does surprise me – 83% could name a food that was recalled in the past two years, mostly peanut butter.

IBM’s conclusion?  “These findings underscore how the rise in recalls and contamination has significantly eroded consumer confidence in food and product safety, as well as with the companies that manufacture and distribute these products.”   No kidding.

Now if Congress would only pay attention and do the right thing.

Jun 27 2009

At last: some clear thinking about cookie dough

OK, so Bill Marler is a class action lawyer* who makes his living from suing companies that produce unsafe food. I’ll grant that he has a vested interest but I admire the way he never loses sight of the harm done to innocent adults and children.  Cookie dough has a warning label on the package and everyone knows you are not supposed to eat raw cookie dough.  If you eat it, it’s your fault if you get sick, right?  See what he has to say about that one.

In Marler’s view, the warning label on commercial raw cookie dough should read something like this:

THE FDA INSPECTION MEANS NOTHING. THIS PRODUCT MAY CONTAIN A PATHOGENIC BACTERIA THAT CAN SEVERELY SICKEN OR KILL YOU AND/OR YOUR CHILD. HANDLE THIS PRODUCT WITH EXTREME CARE.

And, he asks, “Where is the multi-million dollar ad campaign to convince us of the dangers of uncooked cookie dough, like we do for tobacco?”

I would add a few further questions: What are we going to have to do to get a real food safety system in this country?  By real food safety system, I mean one that requires production of all foods – from farm to table – under science-based food safety plans (HACCP with pathogen reduction), overseen by a single federal agency that unites and rationalizes the current functions of USDA and FDA.

Everyone knows how to produce food safely or a lot more safely than is being done now.  If companies don’t bother, it’s because they don’t have to. You don’t like this?  Complain to Congress!

*Correction: See Mr. Marler’s comment below.  He says he mostly represents individuals.   I do apologize for the error.

Jun 23 2009

The latest trick in recalled foods: repack and redistribute!

Even I cannot keep up with what the packers of Salmonella-contaminated foods are willing to do to sell their products.  Remember the recalled pistachios?  Turns out the recalled nuts were simply repacked and redistributed.   If you are a packer and don’t like your test results, find a lab that will give you the results you want.  If you don’t know what to do with recalled nuts, put them in new packages and ship them out.

What is it going to take to get the food safety system we need?  How much worse does it have to get?

Jun 20 2009

How could E. coli O157:H7 get into cookie dough?

Thanks to Bill Marler for discussing this question on his blog this morning and for suggesting starting with the ingredient list.  As a typical example, here is the ingredient list for Nestlé’s Chocolate Chunk cookie dough (others can be found at this site):

INGREDIENTS: BLEACHED ENRICHED FLOUR (WHEAT FLOUR, NIACIN, REDUCED IRON, THIAMIN MONONITRATE, RIBOFLAVIN, FOLIC ACID), SUGAR, NESTLE SEMI-SWEET CHOCOLATE CHUNKS (SEMI-SWEET CHOCOLATE [SUGAR, CHOCOLATE, COCOA BUTTER, MILKFAT, SOY LECITHIN, VANILLIN – AN ARTIFICIAL FLAVOR, NATURAL FLAVOR]), MARGARINE (PALM OIL, WATER, SUNFLOWER OIL, HYDROGENATED COTTONSEED OIL, SALT, VEGETABLE MONO- AND DIGLYCERIDES, SOY LECITHIN, SODIUM BENZOATE, CITRIC ACID, NATURAL AND ARTIFICIAL FLAVOR, BETA CAROTENE COLOR, VITAMIN A PALMITATE ADDED), WATER, CORN SYRUP SOLIDS, MOLASSES, EGGS, EGG YOLKS, BAKING SODA, SALT, CORNSTARCH, SODIUM ALUMINUM PHOSPHATE, VANILLA EXTRACT, VANILLIN – AN ARTIFICIAL FLAVOR

MADE ON EQUIPMENT THAT ALSO PROCESSES PEANUTS/NUTS

CONTAINS: MILK, EGG, SOY, WHEAT INGREDIENTS

For starters, we don’t really know yet whether raw cookie dough is the source of this E. coli outbreak.  It could be something else, and Nestlé will have recalled 300,000 cases purely out of precaution.  The most likely source of bacterial contamination is eggs, but eggs typically carry Salmonella, not E. coli O157:H7.   And besides, the eggs in raw cookie dough are undoubtedly pasteurized, which ought to kill any bacteria that happen to be present.

The usual source of this toxic form of E. coli is cow manure.  Cows that carry this bug do not necessarily become ill, but they excrete it. Recall the spinach E. coli outbreak in 2006?  The spinach field was one mile away from a cattle crossing over a stream.  California investigators identified the particular strain of E. coli that caused the problem in cattle, cattle feces, and water at the cattle crossing, but did not found it in the field.

All they could do is speculate. Their leading hypotheses were runoff, a change in the water table, and (my favorite) wild boar.  Unfortunately for this last theory, when they surveyed wild boar for E. coli O157:H7, they found fewer than 0.5% to carry it.  So how E. coli got into the spinach remains a mystery.

As for the cookie dough, I’m guessing that everyone involved is having a busy weekend testing the ingredients, the packing plants, and everything else they can think of.  Let’s hope they find the source right away.

Jun 19 2009

Cookie dough alert: E. coli O157:H7

As a result of investigations in Colorado, the FDA has just issued one of it’s lovely warnings of “voluntary” recalls, this time of Nestlé ‘s raw Toll House cookie dough (see product list).

I’d like to know if cookie dough is really the problem.  If there is a problem with cookie dough, it’s usually Salmonella. If cookie dough is the culprit, how on earth did this nasty form of E. coli, usually excreted by farm animals, get into it?  Eggs?  Butter?  Chocolate?  Flour?   In the meantime, the tally has reached 65 victims in 29 states: 25 hospitalizations, 7 with severe complications, no deaths.  Here’s the brand new CDC Nestlé Toll House Cookie Dough outbreak page with the statistics.

The roster: spinach 2006, pet food 2007, tomatoes (or was it jalapeno peppers or cilantro) 2008, peanut butter 2009, pistachios 2009. And now cookie dough.

The endless mantra is that we need prevention: HACCP, pathogen testing, and independent third-party verification.

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