USDA locks barn door after Listeria escapes

(efoodalert.com)

55 points | by speckx 3 hours ago ago

87 comments

  • bee_rider 3 hours ago

    > By the time the outbreak had ended, the agency documented 61 cases in 19 states. Sixty of the victims were hospitalized.

    > Ten people died.

    […]

    > Information released by the FSIS in response to multiple Freedom of Information Requests revealed that the agency had been aware of major deficiencies at the Boar’s Head production facility since October 2022, but had taken no action to suspend production or order a clean-up. These deficiences were described as posing an “imminent threat to product” in a Food Safety Assessment conducted in September/October 2022.

    I guess if the FDA was aware of this, the company must have been as well, right? Hospital bills are quite expensive nowadays, is there any caselaw on trying to recover the costs of medical bills incurred by the sanitation policies of Boar’s Head?

    • ApolloFortyNine 2 hours ago

      Has it actually come out why "imminent threat to product" for over a year didn't result in a shut down?

      I know this is a popular topic to blame Trump on for some reason (happening 2 years into the next admin), but surely the fda still has the ability to shut down locations some times.

      My gut is it just got lost in the bureaucracy of the agency, but I'd love to see an actual explanation.

      • bee_rider 2 hours ago

        I have no idea, it seems quite weird that they weren’t made to shut down.

        What’s Trump have to do with? I don’t like him or his policies, but I don’t think we need to trace all bad decisions back to him or anything like that.

        • vel0city 2 hours ago

          Trump's administration loosened inspections to allow more self-reporting in places like meat packing plants.

          • ApolloFortyNine 41 minutes ago

            Assuming what you said was true, it sounds like they knew about it anyways over a year earlier.

          • bee_rider 2 hours ago

            I mean, I’m worried about the general loosening of regulations. But this situation sounds like it was discovered in 2022 and then the outbreak happened in 2024.

            Edit: just to be explicit, I wouldn’t be at all surprised to hear that cost-cutting or whatever resulted in fewer inspections, which resulted in less discovery of issues. But since the issue actually was discovered… I dunno, it seems more like a decision making problem, if a health issue is known about for two years without any action taken. Maybe there’s some other way to blame budget cuts there… I don’t see it though.

            • vlovich123 an hour ago

              That's assuming the Biden team had it on their radar as something to undo. They kept a lot of Trump-era policies unchanged. Changes done in one administration don't end just because the other party is in power. It's a cumulative effect.

              • bee_rider 43 minutes ago

                Is the decision to close one factory (or impose penalties until they clean up) on any elected official’s radar? I’d expect that to be handled at a lower level, but I don’t know how that stuff really works.

                • vlovich123 34 minutes ago

                  It's not about the one factory and it not being on elected official's radars is exactly the problem of why it didn't get fixed (+ it's easier to cause damage than repair things). As another person highlighted, Trump gutted the USDA [1]

                  > During the Trump administration, U.S. Department of Agriculture researchers published and funded objective analyses of issues such as climate change, the efficiency of food assistance programs, and tax cuts that mostly benefit the richest farmers. It wasn't received well.

                  > Trump officials proposed deep cuts to USDA research agencies. When Congress wouldn't go along, the administration came up with plan B: Move two agencies — the National Institute of Food and Agriculture and the Economic Research Service — far away from Washington.

                  Doing this gutted the ability for the USDA to execute and stay on mission and this was intentional. This kind of outbreak would be the natural result.

                  [1] https://www.npr.org/2021/02/02/963207129/usda-research-agenc...

        • lukan 2 hours ago

          "What’s Trump have to do with?"

          I suppose because he cut spending on government work in general, that is not police and army related?

          (But I lack insights into whether he cut any budgets related to this)

          • readthenotes1 an hour ago

            They had enough money to make Costco recall butter not labeled as a diary product.

            I'm not sure this explanation holds water

      • boringg 2 hours ago

        Get DOGE to examine the failures.

        • groby_b 2 hours ago

          As if DOGE had any competency at that. Most of their proposals are deeply flawed because they didn't bother to dig into details - not the behavior you want when examining failures.

        • digdugdirk 2 hours ago

          Examining failures isn't very efficient. Probably best to just carry on as is, nothing we can do.

    • wyager 3 hours ago

      Exposing food manufacturers to widespread civil suits like this would surely depress domestic production of food just as opening up fabric manufacturers to fire-related civil suits (e.g. Chapman v Brown) destroyed domestic fabric production. Even if the manufacturer wins 99% of the time, the proliferation of suits like this is sufficiently costly to force production overseas. You still end up with the same (or greater) risks, but the system routes around the legal friction by reducing production in the costly legal regime.

      • parsimo2010 2 hours ago

        I think there is a way to distinguish between blanket liability any time someone gets sick eating your product, and suing Boar's Head for continuing to operate with deficiencies that were documented in a report and known to the company. It is regrettable that the FSIS did not enforce harder, but I think someone who's family died because of this should be able to sue.

        • everforward 2 hours ago

          > I think there is a way to distinguish between blanket liability any time someone gets sick eating your product, and suing Boar's Head for continuing to operate with deficiencies that were documented in a report and known to the company.

          I would generally expect the latter to be accomplished by regulatory fines; it's simpler and cleaner than an array of individual civil suits.

          The greater issue is that I'd be very surprised if many of those civil suits were effective, and especially so for being cost effective (for either side).

          Citizens will need to prove beyond a preponderance of evidence that their relative's infection was due to Boar's Head, which is going to be very difficult. Everyone is exposed to dozens of potential Listeria sources every day; it's hard to prove it was Boar's Head and not Chipotle or McDonald's or whatever else they've eaten/touched.

          It genuinely probably makes more sense to do a regulatory fine on Boar's Head, and then distribute the fine to affected people via a mechanism with a lower bar. Maybe everyone who had a Listeria infection around that time, which is much easier to prove than the source of the infection.

      • dghlsakjg 2 hours ago

        Your understanding of how liability works is flawed.

        Manufacturing products overseas doesn't exempt you from liability for selling t-shirts that are too flammable. I can still sue The Gap for selling me a dangerous item that they made in Bangladesh as easily as I can sue them for selling me a dangerous item that they made in San Francisco.

        • asah 2 hours ago

          You can test clothing for flammability, then again if the design materially changes.

          Food doesn't work this way - each jar has a low chance of contamination, so spot testing won't catch the problem. Small changes in manufacturing procedure can result in big changes in safety.

          source: worked in the wholesale food industry, across 300+ categories.

          • undersuit 2 hours ago

            Is the spot we're testing the blood and mold on the factory wall?

        • dehrmann 2 hours ago

          Try suing LOBNDX for their faulty charger you bought on Amazon.

          • vel0city 2 hours ago

            > Try suing LOBNDX for their faulty charger you bought on Amazon.

            That's why I don't buy LOBNDX, I only buy LUOATIP, sold with 【No Burn House Down】feature.

            Really, that's why I try to just never shop at Amazon.

            • bee_rider an hour ago

              The odd rounded-inside-bracket-things that show on these product listings are kind of funny. I wonder if future archaeologists will track them like pottery shards, haha.

              • vel0city an hour ago

                I am curious to the usage of those. Like, why that character instead of the more common square brackets? Why do these sellers commonly choose that symbol? To me it's often kind of a flag of potentially questionable quality, so I'd like to know why they do that.

                If anyone has insight to share I'd love it.

                • bee_rider 19 minutes ago

                  I have no actual insight, but I’ll offer this theory up in the hopes that I’ll learn something by being corrected.

                  I assumed they were the default on some Chinese site (alibaba or temu or something like that), and just got copied over by default.

                  • vel0city 13 minutes ago

                    I wouldn't doubt it's some default from whatever cross listing tool that's common but I have no knowledge of. Definitely a deep world to explore that I currently only have a surface level knowledge of.

                    Always another rabbit hole to explore.

        • wyager 2 hours ago

          And yet manufacturer liability was a significant causal factor in domestic textile production collapsing

          • dghlsakjg 2 hours ago

            The suit you cited happened in 1961. However, in the 1950s every domestic textile category had seen at least double digit declines (97% for wool!), while imports had seen triple digit growth (cotton fabric imports tripled). The industry was already well on its way to failure, so I have a hard time believing there is a causal relationship.

            As I stated before, the liability still exists even when you manufacture outside of the country. There are no net cost savings from a liability lawsuit standpoint to be had by moving production overseas.

          • QuercusMax 2 hours ago

            Making sure they employees don't all die in horrendous fires is why US textile production collapsed? Do you have a citation for that? Because that sounds insane. I thought it moved overseas because they can pay children pennies, not because they literally want to roast their peons alive.

      • Etheryte 2 hours ago

        If you produce food without meeting the bare minimum standard of don't make people sick then your operation absolutely should get, as you say, depressed.

        • nickff 2 hours ago

          The problem is that there are a lot of spurious and dubious cases, and class-actions are very expensive and risky to defend, even when the defendant is innocent, largely because they're seen as unsympathetic 'piggy-banks' (whereas the plaintiffs are often very sympathetic).

      • nickff 2 hours ago

        Thanks for the citation of 'Chapman v Brown', it's an interesting case that I hadn't heard of: https://law.justia.com/cases/federal/district-courts/FSupp/1...

      • bee_rider 2 hours ago

        I think it would be really hard to show causation there; I’d expect, at least, that higher wages and higher regulation would be pretty correlated (more well off populations might be less willing to sacrifice lives to industry). Maybe the fabric industry moved out because American workers weren’t cost-competitive.

        • nickff 11 minutes ago

          > "Maybe the fabric industry moved out because American workers weren’t cost-competitive."

          That seems like a likely factor, but insurance against product liability suits can be very expensive in some (litigious) industries, and is also a factor in total cost analysis.

      • dec0dedab0de 2 hours ago

        The obvious answer is to find a way to open up overseas production to the risk of being sued.

        Perhaps putting all liability on the importer, distributor, or retailer for imported goods.

        • dragonwriter 2 hours ago

          > Perhaps putting all liability on the importer, distributor, or retailer for imported goods.

          Standard product liability law already has joint and several liability for manufacturing defects on all parties in the chain of commerce, so each of the retailer, distributor, importer, and manufacturer already bear full liability.

        • nickff 2 hours ago

          > "Perhaps putting all liability on the importer, distributor, or retailer for imported goods."

          These parties do carry extensive liabilities when there's a product defect or fault, as was the case in the cited case. The issue is that manufacturers usually produce larger volumes, and are thus vulnerable to more of these lawsuits, as well as class-actions. Class-action cases are often extremely and expensive, even when there was no clear fault.

      • JadeNB 3 hours ago

        > Exposing food manufacturers to widespread civil suits like this would surely depress domestic production of food just as opening up fabric manufacturers to fire-related civil suits destroyed domestic fabric production.

        "Requiring safe standards is bad for business" is possibly true (at least in the short term), but I'm not sure that the alternative is better.

        EDIT: I inadvertently read the parent post uncharitably, as suggesting that there should be no enforcement at all. gizmodo (https://news.ycombinator.com/item?id=42452514) points out that arguing against civil liability is not arguing against effective regulation and enforcement.

        • gizmo686 2 hours ago

          There are different mechanisms for requiring safe standards. The point is that 'enforcing standards through civil liability' is bad for business. There is also 'enforcing standards through regulation and regulatory agencies'; which is arguably better for both safety and business compared to the civil suit. On the other hand, civil suits are more insulated from the regulatory wims of the current administration.

          • JadeNB 2 hours ago

            Thank you. This is a good point. I definitely misread my parent post as arguing against all enforcement of safe standards, rather than just against enforcing them through civil liability.

        • wyager 3 hours ago

          It's more efficient to treat food safety standards as a criminal matter rather than a civil matter. If it's frequently treated as a civil matter, it results in endless (and endlessly costly) civil suits. The standards for successfully pursuing a civil judgement have to be extremely high in situations like this to discourage destructive ambulance-chasing.

          • throwaway48476 2 hours ago

            No. Treating everything like a criminal matter gets you Italy. It didn't actually fix anything because the process is reactive not proactive.

            • n4r9 2 hours ago

              The EU mandates testing of food products, monitoring of farms and processing facilities, and enforces strict trade controls on potentially contaminated products. This works just fine and drastically reduces disease due to pathogens such as Salmonella relative to the US.

              • throwaway48476 2 hours ago

                A lot of the EU relies on basically slave labor for agriculture so I'm not inclined to believe that everything is universally enforced, especially on the periferry.

                • n4r9 40 minutes ago

                  We can look at the number of infections per year to quantify the effectiveness of the regulations. In the US there are approx 1.35 million per year [0], i.e. 1 in 255 people, with around 450 deaths. In the EU there are approx 70k reported cases [1] i.e. 1 in 6500, with around 90 deaths. Moreover the number of cases drastically dropped in the EU since regulations came into force earlier this century. The data here is very clear that regulations save lives.

                  [0] https://www.cdc.gov/salmonella/index.html

                  [1] https://www.cdc.gov/salmonella/index.html

            • wyager 2 hours ago

              Italian food is good.

              I'm not saying to do this for every single industry, just for food

          • frgtpsswrdlame 2 hours ago

            10 people died from the Boars Head contaminated meat. I guess I don't really mind if a few lawyers chase those ambulances and extract a lot of money out of that company?

            • wyager 2 hours ago

              A) It's not going to stop at the most egregious cases

              B) I hope you like meat imported from China

      • michaelmrose 2 hours ago

        It seems much harder to move meat production overseas. You can use destructively high tariffs to prevent it. You can also require imports to follow the same standards including domestic inspection.

        Any suits that fail 99% of the time are frivilous and the normal method of dealing with same is punishing claimants who should have known better by fining and disbarring lawyers and making claimant bear costs.

        Ways exist to distinguish between a frivilous and non case in this category.

        -Has responsible party exhibited a pattern of failures of their normal duty of care according to testimony and evidence that would be collected by the government as part of reasonable investigations and inspection

        -Is it more likely than not that present issue is related.

        It seems unreasonable that we must either open up bobs meats to lawsuits with every sandwich or ignore the fact that Bob killed dozens because he has been known to be a filthy pig for years.

  • throwaway48476 3 hours ago

    The US meat industry cartel does not value safety. It's not priced in.

    • mft_ 2 hours ago

      A data point on this: post-Brexit the UK Government has been doing their best to agree trade deals with countries around the globe. There is (for obvious reasons) significant interest in a trade deal with the United States, but a big fear (often mentioned when this topic crops up) is that the UK would be forced to accept apparently substandard quality US beef as part of the deal.

      • throwaway48476 2 hours ago

        'substandard' is often trotted out but rarely defined.

        • krisoft 2 hours ago

          It is very well defined. I can summarise it in one sentence: "In 1989, the European Communities banned the import of meat that contained artificial beef growth hormones,[a] although they were approved for use in the United States."

          you can read about it in more depth here: https://en.wikipedia.org/wiki/Beef_hormone_controversy

          That is about the beef. There is a different controversy about poultry meat. There the controversy is that under EU law, cold air and water are the only substances that can be used to decontaminate poultry. In the US chlorine rinses are also permitted.

          In other words artificial beef growth hormones and chlorine rinsed chicken are the two points which is what we mean by 'substandard' in this conversation.

        • burkaman 2 hours ago

          Here it means beneath the UK's current standards for meat: https://www.food.gov.uk/business-guidance/meat-premises-and-...

        • orf 2 hours ago

          > substandard

          Below the legal standard.

          • mft_ 2 hours ago

            …in UK (and EU) I assume?

            • orf 2 hours ago

              Given the obvious context, that shouldn’t be something that needs clarification.

      • nancyminusone 2 hours ago

        [flagged]

      • arlort 2 hours ago

        That's not really a data point. People are opposed to it mostly because of fear mongering

    • latchkey 2 hours ago

      It is a global issue. Ever been to SE Asia and eaten street food?

      • throwaway48476 2 hours ago

        Of course. That's the reason why most ancient diseases can be tracked back to SE asia.

    • ravenstine 2 hours ago

      What industry does, though?

  • tzs 38 minutes ago

    > Information released by the FSIS in response to multiple Freedom of Information Requests revealed that the agency had been aware of major deficiencies at the Boar’s Head production facility since October 2022, but had taken no action to suspend production or order a clean-up. These deficiences [sic] were described as posing an “imminent threat to product” in a Food Safety Assessment conducted in September/October 2022

    What's somewhat disturbing is that there are politicians that think that it should work that way all the time.

    I don't remember the specific states, but remember reading that some state legislatures were upset that county health officials had been able to close in-person dining at restaurants during the height of the pandemic and had changed their laws so that county health officials could no longer close a restaurant for health code violations unless the health officials could demonstrate someone had actually been seriously sickened by the violation.

  • vel0city 3 hours ago

    Locking the barn door after the previous (and now incoming) administration opened them.

    https://www.usda.gov/article/usda-announces-proposed-rule-mo...

    This is just the natural result of these policies. Did they really expect the companies to actually self-report all the deficiencies?

    • specialist 2 hours ago

      Previously, TX Gov GWB instituted self reporting for air pollution, followed up by POTUS GWB creating OSHA's Voluntary Protection Program to do the same for labor and safety.

      It played out as you'd expect.

    • MrMcCall 2 hours ago

      No, they have removed regulations so that their cronies can capitalize on our lack of power.

  • kylehotchkiss 2 hours ago

    Wow, that's a lot of effort for the same government that's about to remove the requirement or even try to ban the polio vaccine.

    • RandallBrown an hour ago

      It's not the same government. Trump isn't President and RFK Jr. isn't the secretary of health... yet.

  • frgtpsswrdlame 3 hours ago

    I thought the issue was deregulation? Something like Trump rolled back some rules about oversight and then Biden never put them back into place? Does the USDA even have the power to fix this?

    Anyways, having a pregnant wife right now, it's worrying that listeria is on the rise. We're already avoiding stuff like deli meat but when there's listeria in the frozen waffles, mushrooms, and vegetables you have to wonder what's really going on.

    • throwaway48476 2 hours ago

      The USDA created the problem through regulating industry consolidation. The 'fix' is to reconfigure the economy to price in unpriced negative externalities and create sustainable industries. This of course won't happen.

      • mft_ 2 hours ago

        I’m struggling to understand what you are advocating for in practice.

        What was such a reconfiguration of the economy actually mean in real terms?

        • throwaway48476 2 hours ago

          Ideally it would be possible to calculate the economic 2nd and 3rd order effects of commercial activity in order to price in externalities.

          In practice the example I like to use is soil loss. Farming isn't sustainable because the soil literally blows and washes away and cannot be regenerated. The solution is to have forest patches to reduce the wind speed and marshes to hold the rain. All of this takes valuable land which cannot be used 'productively' but is vital to make agriculture sustainable.

          • tlb 2 hours ago

            It’s lucky when you can get the sign right on the first-order effects. Predicting 2nd order effects accurately enough to price them is economic voodoo.

            • throwaway48476 2 hours ago

              Most 'economists' are not scientists and simply mash things together to justify whatever has already been decided.

        • arrosenberg 2 hours ago

          He's pointing out that meat packing consolidated into a cartel (Tyson, JBS, Smithfield and Cargill), which has enough economic power to ignore or alter regulation. The solution is antitrust - break corporate power into small enough pieces that they don't have the resources to escape regulatory oversight.

          • throwaway48476 2 hours ago

            That's absolutely part of it. Animals that are kept close together in cages and barns instead of roaming get sick and spread sickness far more quickly as well. We've created a million dangerous biolabs for diseases with biosimilarity to us.

        • daedrdev 2 hours ago

          Its basically arguing that meat needs to have more expensive production processes for better safety.

      • hooverd an hour ago

        Simply reconfigure the economy, while it would be nice, is always harder to implement.

    • specialist 2 hours ago

      Yes and: IIRC, USDA lost their roster of experienced food inspectors (et al) when their headquarters moved from Metro DC to Kansas City. Below are the top hits via perplexity.

      FWIW, While I'm generally in favor of (geographical) decentralization, I'm against abrupt changes to essential services. Obviously, a nice orderly transition would have been better. Plenty of staff, esp youngsters wanting a house and family, would relocate over time.

      ---

      https://www.npr.org/2021/02/02/963207129/usda-research-agenc...

      https://www.govexec.com/oversight/2023/01/although-usda-agen...

      https://www.gao.gov/products/gao-23-104709

  • nicholasjarnold 3 hours ago

    tl;dr No barn doors were actually locked. A series of protocol changes are suggested to specifically address listeria bacteria in food processing plants.

    Also, conjecture: Closing a barn door would likely not solve any actual food safety issues, but it might keep the livestock in place.

  • ada1981 2 hours ago

    [flagged]

    • dehrmann 2 hours ago

      Meat safety is a USDA thing, not FDA. It doesn't make sense, but this is only an FDA failure in that they didn't try to move in on USDA's territory.

      • dralley 2 hours ago

        There are some ways in which it would perhaps make sense to rethink the traditional boundaries of these regulatory organizations. Why should food regulation responsibilities be split up between the FDA and USDA? Why not have a cleaner separation between food and drug regulations? Why are ATF and DEA separate organizations, but human trafficking falls under the FBI?

    • 2 hours ago
      [deleted]