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.

CDC Publishes Report on Infection Risk of H5 Avian Influenza

On July 24, 2015, the Center for Disease Control (CDC) published a report on the risk of human infection posed by exposure to birds with Highly Pathogenic Avian Influenza (HPAI) H5 viruses.

Human infection with avian influenza, although rare, has occurred. The most prominent strains that have occurred in humans are the HPAI strain H5N1 and the low pathogenic avian influenza strain H7N9. H5N1 has been detected in humans in several countries, while H7N9 has occurred mostly within China. When infection occurs, the disease is considered to be severe for these strains. The strains the CDC studied in the report are new strains of the virus found in the United States.

The study focused on exposure during the time-frame of December 2014 to March 2015, where a total of 60 outbreaks of HPAI H5 viruses occurred across 13 states. During this time, a total of 164 people were exposed to infected birds. Of these 164 people 5 developed acute respiratory infections within 10 days of exposure, but HPAI H5 viruses were not detected in any individual. The CDC believes this suggests “the risk of virus transmission to humans appears to be low…” but individuals should remain vigilant when responding to an outbreak.

The severity of infection of these US strains of HPAI is currently unknown, but the CDC states that the strains should be considered to cause potentially severe or fatal illnesses until proven otherwise. The CDC urges individuals to avoid unprotected contact with infected birds, and those exposed to infected birds should be tested for infection in the event that respiratory symptoms develop.

Written by Tyler R. Etter- Research Assistant
August 5, 2015

Secretary Redding Suspends Avian Competitions at Fairs

On May 11, 2015, due to increasing threats regarding the spread of avian influenza, Pennsylvania Secretary of Agriculture Russell Redding issued a press release announcing that the Pennsylvania Department of Agriculture was “suspending all avian competitions at state-approved agricultural fairs in 2015, as well as the 2016 Pennsylvania Farm Show.”

According to Secretary Redding, since December 2014, the United States Department of Agriculture has reported that 145 flocks of U.S. birds have tested positive for avian influenza.  As a result, 15 million birds have either been killed by the disease or been euthanized by producers.  By suspending avian competitions at agricultural fairs, the secretary seeks “to take proactive steps to reduce the risks of avian influenza spreading.”

In a separate letter sent to the Pennsylvania State Association of County Fairs, Secretary Redding, in addition to announcing his ruling regarding state approved agricultural fairs and the Pennsylvania Farm Show, requested “that all additional open poultry shows, fairs and expositions in the state also refrain from avian activity in all forms, while the virus is spreading throughout the nation.”

Relatedly, on May 13, 2015, Nebraska Governor Pete Ricketts signed a state of emergency after a string of recent avian influenza outbreaks at Nebraska poultry facilities.  At this time, it has been reported that 4 million chickens, located on three different Nebraska farms, have tested positive for avian influenza.    


Written by M. Sean High - Staff Attorney
May 26, 2015