Delay in announcing E. coli outbreak spurs swift criticism of FDA

Illnesses linked to romaine hit 23 in 12 states, agency says.

A previously undisclosed E. coli outbreak linked to romaine lettuce sickened nearly two dozen people between July and early September, the Food and Drug Administration said Thursday — a delayed announcement one food safety lawyer called a “lie to the public in all respects.”

Illnesses associated with the outbreak infected 23 people across 12 states, including Georgia, from July 12 to Sept. 8, according to the FDA. No patients died of their illnesses, and officials say there is no ongoing public health risk.

“When romaine lettuce was identified as the likely source of the outbreak, the available data at the time indicated that the outbreak was not ongoing and romaine lettuce eaten by sick people was past its shelf life and no longer available for sale,” the FDA wrote Thursday. “The FDA is communicating details about the outbreak at this time to help ensure full awareness by the public and to highlight the ongoing importance of industry actions to help ensure the safety of leafy greens.”

The Centers for Disease Control and Prevention notified the FDA of the outbreak in mid-September and suspected leafy greens were the culprit Sept. 19, according to Brian Katzowitz, a health communication specialist at the CDC. Both agencies determined romaine was the likely cause Oct. 2.

Asked why the agencies waited until Halloween to make a public announcement, Katzowitz told The Washington Post that “there are a few variables to consider when posting an outbreak, but the CDC generally posts outbreak warnings when there is something actionable for consumers to do.”

But Bill Marler, a prominent food safety lawyer from Seattle, asserted that it was negligent for the FDA and CDC to delay their public announcement. About 75,000 people are infected with E. coli in the United States each year, Marler said, and because of the diverse eating habits of those affected, it’s rare for the CDC to determine a singular source.

By not announcing their findings immediately, Marler said, these agencies prioritized shielding the romaine industry over informing consumers of a public safety risk.

“If I eat romaine lettuce, and I found out romaine lettuce poisoned 11 people and put them in the hospital, I may not want to eat romaine lettuce,” Marler said. “It’s a lie to the public in all respects; people who are in charge of our public health are not telling the public what’s going on.”

Marler said the latest romaine-related infections share similarities with the two major E. coli outbreaks from last year.

By not announcing their findings immediately, Marler said, these agencies prioritized shielding the romaine industry over informing consumers of a public safety risk.