Foster Farms Has Not Issued Food Recall Despite Year-Long Salmonella Outbreak

Although government officials declared the Foster Farms-based Salmonella outbreak over, and no food recall was issued, reports of salmonella contamination and illness continue.

The salmonella outbreak, which was linked back to fresh Foster Farms chicken, began in March of last year, and was declared over in January of this year. However, reports of illness after consuming the contaminated chicken continue in 25 states and Puerto Rico. The strain of salmonella is resistant to anti-biotics, and of the 500 individuals who have been sickened by the salmonella contamination, 37% of them have been hospitalized.

However, Foster Farms has not, for the past year, issued a food recall due to the outbreak. The USDA has no authority to force one, either, because the agency declared salmonella to be a “naturally occurring” substance in chicken, and not an “adulterant.” Therefore, it is up to Foster Farms to issue a voluntary food recall, which they have blatantly refused to do.

The company put a statement up on its website claiming that the chicken was completely safe when cooked properly, and added, “If we believed our chicken represented a greater risk to public health than any other raw poultry product on the market, we would have recalled it. In fact, we believe it is safer. Our corporate values and our care for our consumers would never allow us to offer chicken to the public that was not wholesome.

“Our confidence in our product allows us to stand behind our 100 percent Golden Guarantee. If anyone has a concern about their chicken, for whatever reason, they should feel free to bring it back for replacement or refund.”

However, the CDC tracks the salmonella infection, and released a statement on April 9th: “Epidemiologic, laboratory and traceback investigations conducted by local, state and federal officials indicate that consumption of Foster Farms brand chicken is the likely source of this outbreak of salmonella Heidelberg infections.”

“Basically, what we’re saying is the outbreak is not over,” said Dr. Rob Tauxe, the CDC’s deputy director of foodborne, waterborne and environmental diseases. “As the new cases have been reported, almost all of them report eating chicken and almost all say it’s Foster Farms.”

In response to reports of salmonella illness last year, some retailers like Costco issued their own food recalls for the contaminated fresh chicken. The Safe Food Coalition, a collection of 8 different consumer groups, addressed a letter last October to the USDA requesting a mandatory food recall for the chicken due to the nature of the antibiotic-resistant salmonella, but the USDA did not respond.

Food Recall and Defective Product Lawyers at the Strom Law Firm

Many manufacturers do their best to produce high-quality food, medical, and recreational equipment. However, some companies do not pay close enough attention to the manufacturing process, and can release products on the market that cause great personal injury. While the FDA and USDA issue product and food recalls on a regular basis, they do not always catch defects in time to prevent consumers from coming to harm, especially in food-borne outbreaks such as listeria, e. Coli, and salmonella. It is important to hold manufacturers to a higher standard, and a defective products lawyer can help when a food recall has not been issued in time. The Columbia, South Carolina-based attorneys at the Strom Law Firm are licensed to practice in South Carolina, Georgia, and New York, to help you with your personal injury or defective product claim. We offer free consultations to discuss the facts of your case, so contact us today for help. 803.252.4800.