Will FDA Recall Suspected Salmonella-Packing Sprouts?

Bill Marler would like to see this label on sprouts.

Seattle attorney Bill Marler is one of the best-known litigators in foodborne illness cases in the nation. The Seattle University School of Law graduate began his “e. coli career” in 1993.

As far back as his blog goes, he’s been warning you about sprouts. Here’s a few holiday food tips of his from 2006: “Foods I avoid–unpasteurized juices and milk, sprouts, bagged, pre-washed produce of any kind, raw shellfish and other raw meats or cheeses.”

But even further back, in 2000, he was convinced that sprouts needed a warning label.

After 20 cases of salmonella poisoning in Washington State, North Dakota, New Jersey, Montana, and Idaho, the FDA has issued a warning on alfalfa and spicy sprouts from Evergreen Produce, a Chicago, IL, distributor. The distributor has halted further sprouts distribution, but so far refused to recall its sprouts.

While FDA asked Evergreen Produce to recall its alfalfa and spicy sprouts the week of June 20, Ms. Sharf said that she refused because orchestrating a recall would be “admitting guilt.” She added, “Fourteen families eat our sprouts every day and have never become sick.”

Even, or especially, organically grown sprouts carry a significant risk of e. coli or salmonella: Organic growers “simply won’t use irradiation or another option–bathing sprouts in a chlorine-containing chemical called calcium hypochlorite. This compound–the same white powder that’s used to disinfect swimming pools–is recommended by the Food and Drug Administration for sanitizing sprouts.”

While the FDA is reassuring people that this isn’t nearly as severe as the European outbreak of e. coli that sickened 3,000 and killed over 30, it’s notable that sprouts have been fingered in both cases. Attorney Marler clearly thinks the FDA could exercise its authority for a mandatory recall in this case.

A quick Google search of “sprouts recall” lends some credence to that idea.