German Court Orders Compensation for Wrongly Accused Cucumber Grower

Written by Tyler R. Etter

A court in Hamburg, Germany, has declared that Frunet, a vegetable cooperative based in Spain, should
be compensated for losses sustained following the accusation that the coop’s cucumbers were the likely
source of the 2011 e. coli outbreak.

During the peak of the outbreak, Hamburg officials publicized their suspicions about the cucumbers
being the source of the outbreak. As a result, the coop’s sales dropped, impacting growers in amounts
up to $200 million a week. Investigations revealed that fenugreek sprouts, not cucumbers, were the
source of the deadly outbreak.

The cooperative has asked for €2.3 million in compensation, the rough equivalent of $2.54 million. The
director of the coop noted that although the prospect of reimbursement is important, the restoration of
the coop’s good name was also important. “Pointing the finger at a company can destroy it completely
in seconds...” said Richard Sopenberg, Furnet’s sales manager. He further stated that the coop has
managed to rebuild itself to the production and sales levels from before the outbreak crisis.

It is important to note that the City of Hamburg could still appeal this decision, and even in the lack of an
appeal, the amount must be set in a second litigation phase.  A comparable case in the United States
was decided in the opposite direction. Tomatoes had been named a likely source of salmonella during a
2008 outbreak, but the real source was revealed to be jalapeno and serrano peppers. The case was
decided on the basis that food safety warnings are not “regulatory taking[s]” and that there was no
obligation for the government to compensate the tomato growers.

Study Uses GE Plants to Eliminate E. coli in Food Products

 Written by Katharine Richter

On September 8, 2015, The Proceedings of the National Academy of Sciences published a study online titled, “Broad and efficient control of major foodborne pathogenic strains of Escherichia coli by mixture of plant-produced colicins.”  The study advocates that colicins, which are nonantibiotic antimicrobial proteins that “kill or inhibit the growth of other competing E. coli strains,” could be used to effectively mitigate the risk of E. coli in meat and produce.

The study states E. Coli. “is one of the leading cause of bacterial enteric infections worldwide, cause ~100,000 illnesses, 3,000 hospitalizations, and 90 deaths annually in the United States alone.”  According to the study, the only effective method currently to eliminate E. coli in meat and produce is to use thermal inactiviation, but the cost of using this method is it negatively affects both the taste and quality of the food. 

The study results show that using a spray mixture of colicins from plants that have been genetically modified and are able to “demonstrate very high levels of colicin expression,” such as tobacco and edible plants such as spinach, drastically reduced E. coli bacteria on meat.   

If the plant-produced colicins spray mixture is to be used for commercial use in the U.S., it will need to be approved by the Food and Drug Administration (FDA) as generally recognized as safe (GRAS).  

Labeling of Mechanically Tenderized Beef

On May 13, 2015, the U.S. Department of Agriculture (USDA) announced a new labeling requirement for beef products that have been mechanically tenderized. 

Often called “blading” or “needling,” the practice of mechanical tenderization involves the insertion of a series of razor sharp knives or needles into a piece of beef in an effort to cut through tough connective tissue.   While this process creates a tender piece of meat, it also increases the possibility that food-borne pathogens like E. coli could be pressed deep into the center of the meat.   

Fortunately, food-borne pathogens such as E. coli can be killed through cooking beef above certain temperatures.  Unfortunately, because the process of mechanical tenderization could push these pathogens into the center of a piece of meat, for safe consumption, it may be necessary to employ different cooking methods.  As a result, effective May 2016, USDA will require that all mechanically tenderized beef products carry labels that 1) state that the product is mechanically tenderized and 2) provide the proper instructions on how to safely  cook the product.

Written by M. Sean High - Staff Attorney
May 19, 2015