• On September 14, 2022, Food and Drug Administration (FDA) officials reported a new outbreak of infections from Listeria monocytogenes. FDA has not yet identified a particular product linked to the pathogenic bacterial outbreak but has initiated traceback procedures. To date, FDA has confirmed 6 patients from this week’s Listeria outbreak, and the numbers appear to keep rising. It is still unclear what age group or geographic location has been afflicted by the outbreak.
• FDA is currently actively investigating ten foodborne illness outbreaks with increasing patient numbers every week. The Center for Disease Control (CDC) continues to actively investigate a sizable E. coli outbreak suspected to have been caused by romaine lettuce served at Wendy’s restaurants in Indiana, Michigan, Ohio, and Pennsylvania starting in early September 2022. To date, 43 individuals have been hospitalized due to E. coli poisoning, and 13 new patients have been accounted for this week alone. Other current FDA investigations include a Salmonella Typhimurium outbreak that now affects 30 individuals, a Cyclospora outbreak whose patient count is now 81, and a Salmonella Mississippi outbreak that now afflicts 103 patients nationwide.
• Notably, in March 2022, FDA opened a similar investigation into a Listeria outbreak caused by ice cream products originating from Big Olaf Creamery in Sarasota, Florida. This investigation is still ongoing, but has resulted in 24 patient hospitalizations, 1 death, and 1 miscarriage across 11 states. Keller and Heckman will continue to monitor these outbreaks as they impact the food industry.

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Pascalatization, also known as high-pressure processing (HPP), is a procedure for subjecting food to extreme water pressure (typically 40,000 to 80,000 PS) inside pressure chambers.  The extreme pressures used in the Pascalization process kills dangerous bacteria, molds and viruses without crushing or destroying the food.  Because no heat or chemical use is required, food can be preserved without cooking or altering the texture or flavor of foods.  With increasing “pressure” (pun intended) on the food industry to comply with increasing food safety standards and reduce chemical use, pascalization may provide a viable alternative for preserving foods.  The food processing industry has begun to take notice, and use of this technology is expected to increase.

© 2012 Varnum LLP

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