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Cargill trots out lame defenses to poisoning its customers

PORKER

Well-known member
Cargill trots out lame defenses to poisoning its customers w

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Cargill trots out lame defenses to poisoning its customers with E. coli contaminated hamburger - Guess its time for a "flawging"
Posted on November 14, 2007 by E. coli Lawyer

Source of Article: http://www.marlerblog.com/2007/11/articles/legal-cases/cargill-trots-out-lame-defenses-to-poisoning-its-customers-with-e-coli-contaminated-hamburger-guess-its-time-for-a-flawging/

I guess it really did not come as a complete surprise when I received Cargill Meat Solutions Corporation’s Answer to one of the several Complaints we have filed against it in the last few weeks (more to follow). However, given that it’s nearly 1,000,000 pound E. coli-contaminated hamburger has been linked by the CDC and State Health Departments in four states to fourteen illnesses, I suppose, I expected a bit more humility - or perhaps even some shame from Cargill. I did not expect to see, however, two of its oldest excuses being trotted out again. Instead of taking responsibility for allowing cattle feces to be mixed in its hamburger, Cargill blames the USDA for not catching it and then blames the consumer for not cooking the #%&@ out of Cargill’s hamburger. Yawn.

Cargill’s “Affirmative Defenses” are:

2. Some or all of plaintiffs’ claims are preempted by federal law, including the FMIA and the rules and regulations promulgated thereunder.

3. Any and all products produced, packaged and distributed by Cargill were distributed by Cargill in conformity with all applicable federal regulations, requirements, industry standards and the state of the art for the product, packaging and distribution, testing, labeling and promotion of said products.

Cargill’s “Preemption argument” was tried and soundly rejected by the Wisconsin State Supreme Court and then was denied review by the US Supreme Court in Kreifall v. Excell (Cargill subsidiary). See online version here or PDF. Cargill then moves on to blaming the consumer:

7. Plaintiffs’ claims are barred or must be reduced by plaintiffs’ contributory negligence, including misuse or alteration of the product after it left Cargill’s control, including but not limited to the failure to adhere to the warnings and instructions contained within the federally-mandated safe-handling labels accompanying the product.

As I have said before - Cattle Feces and Hamburger do not mix - Please read complete Op-ed below:

As many in the meat industry like to say: "It is not the failure of the Meat Industry in not keeping cattle feces out of hamburger that sickened the child, it is the fault of the parent who handled and cooked the hamburger that was fed to the child."

At first I will calmly try to respond that the Meat Industry that makes a profit off of selling "USDA Inspected Meat" can not blame the consumer if the product actually contains a pathogen that can severely sicken or kill a child. What other product in the United States would a manufacturer expect consumers to fix themselves before they used it for “gawds” sake? The reply to my calm response will be: "The consumer should know that meat may contain bacteria and they are told to cook it."

My calmness will now fade. Think about the little labels on meat that you buy in the store - the ones that tell you to cook the meat to “thoroughly” - of course they also say USDA inspected too. However, the labels do not say "THE USDA INSPECTION MEANS NOTHING. THIS PRODUCT MAY CONTAIN A PATHOGENIC BACTERIA THAT CAN SEVERELY SICKEN OR KILL YOU AND/OR YOUR CHILD. HANDLE THIS PRODUCT WITH EXTREME CARE." I wonder why the Meat Industry does not want a label like that on your pound of hamburger. It knows that the label would be truthful. Do you think it might be concerned that Moms and Dads would stop buying it?

The reality is that the Meat Industry seems to be back at the point where it cannot assure the public that the meat we buy is not contaminated. So, instead of finding a way to get cattle feces out of our meat, they blame parents (and presumably all the teenagers that work at all the burger joints in America) when children get sick.

Consumers can always do better. However, study after study shows that, despite the CDC estimated 76 million people getting sick every year from food borne illnesses, the American public still has misconceptions and overconfidence in our Nation's food supply. According to a study by the Partnership for Food Safety Education, fewer than half of the respondents knew that fresh vegetables and fruits could contain harmful bacteria, and only 25% thought that eggs and dairy products could be contaminated. Most consumers believe that food safety hazards can be seen or smelled. Only 25% of consumers surveyed knew that cooking temperatures were critical to food safety, and even fewer knew that foods should be refrigerated promptly after cooking. Consumers do not expect that things that you cannot see in your food can kill you.

Consumers are being blamed, but most lack the knowledge or tools to properly protect themselves and their children. The FDA has stated, "Unlike other pathogens, E. coli O157:H7 has no margin for error. It takes only a microscopic amount to cause serious illness or even death." Over the last few years our Government and the Meat Industry have repeatedly told the consumer to cook hamburger until there is no pink. Yet, recent university and USDA studies show meat can turn brown before it is actually "done." Now the consumer is urged to use a thermometer to test the internal temperature of the meat. However, how do you use one, and who really has one?

Where is the multi-million dollar ad campaign to convince us of the dangers of hamburger, like we do for tobacco? The USDA's FightBAC and Thermy education programs are limited, and there are no studies to suggest that they are effective. Most consumers learn about food safety from TV and family members - If your TV viewing habits and family are like mine, these are highly suspect sources of good information - I've never heard Simon on American Idol talk about this topic with Paula.

The bottom line is that you cannot leave the last bacteria "Kill Step" to a parent or to a kid in a fast food joint. The industry that makes billions off of selling meat must step up and figure out why outbreaks and illnesses are happening again, and clean up their mess. They can, and someday will, if I have anything to say about it - again. That day will come much faster if they start working on it now, and stop blaming the victims.
 

Tex

Well-known member
The best thing that can happen with these big meat giants is to lose their pants in court over their inability to provide safe food (they have been competing on food safety--with the help of a broken USDA) and then get new management.


As long as we are stuck with the management of Cargill's, Tyson's, and others dividing and taking advantage of producers and consumers, we will be stuck with the same problems that will get worse.

They will maintain their control of the supply and thus the profits in the industry. They will more and more be the only winners.

We seemed to have lost our ability to get justice via the court system as they fall over backwards to support the powerful/super rich in their decisions.

The legislators/executive branch are not that much better so far. I guess if you are a Congressman, it is better to keep the people who are currently/have a history of bribing you in business than to try to get new ones.
 

don

Well-known member
econ: The best thing that can happen with these big meat giants is to lose their pants in court over their inability to provide safe food (they have been competing on food safety--with the help of a broken USDA) and then get new management.

and what happens to livestock producers through this? pretty dumb statement that that's the best thing that can happen. maybe producers should be actively trying to get better, safer food to the consumer rather than just going along with the system as they have been for decades now. you don't think this ties into american producers attitude towards bse testing? time for a paradigm shift - consumers and producers working together. the big boys have convinced producers that consumers are the enemy and will be against the interests of producers. divide and conquer; just as they've done to producers.
 

Sandhusker

Well-known member
Don, "you don't think this ties into american producers attitude towards bse testing?"

R-CALF is in favor of testing as was over 80% of poll respondents on Agri-talk. The only ones against testing is NCBA and AMI.
 

RobertMac

Well-known member
don said:
and what happens to livestock producers through this? pretty dumb statement that that's the best thing that can happen. maybe producers should be actively trying to get better, safer food to the consumer rather than just going along with the system as they have been for decades now. you don't think this ties into american producers attitude towards bse testing? time for a paradigm shift - consumers and producers working together. the big boys have convinced producers that consumers are the enemy and will be against the interests of producers. divide and conquer; just as they've done to producers.

:agree: We also have to educate consumer groups about our product because of over 30 years of misinformation from media, governments and the medical communities. Remember that diet research is run and controlled by the food companies' money!!!
 

Tex

Well-known member
don said:
econ: The best thing that can happen with these big meat giants is to lose their pants in court over their inability to provide safe food (they have been competing on food safety--with the help of a broken USDA) and then get new management.

and what happens to livestock producers through this? pretty dumb statement that that's the best thing that can happen. maybe producers should be actively trying to get better, safer food to the consumer rather than just going along with the system as they have been for decades now. you don't think this ties into american producers attitude towards bse testing? time for a paradigm shift - consumers and producers working together. the big boys have convinced producers that consumers are the enemy and will be against the interests of producers. divide and conquer; just as they've done to producers.


New management doesn't mean that the facilities are gone, don. You are confusing this.

New management means it is being managed differently than the current people are managing.

When farmers are not efficient, and are not profitable, they are outed from the industry. When big packer management, or management at GM, or Ford, or even the airlines screws up, we get the same bad people who made the same bad decisions.

Just look at the prime mortgage lending problem. The CEO of Countrywide just made out with hundreds of millions of dollars while putting the whole country's financial system at risk---largely through faulty credit ratings on the mortgages they produced. Getting rid of that CEO or making him accountable (currently there is no accountability--he just walks away with the money) is what government should be doing.

If Tyson walked away from that processing plant in Canada, someone else who is more competent at getting more markets than just one might do a better job for Canadian producers.

They can't do any worse.
 

don

Well-known member
and what i'm saying is that by the time it gets bad enough the remedies get that drastic you have already cut meat demand. not what producers need. maybe it's time to get over being insulted by current business practices (although i agree we have every right to be) and be proactive and avoid the wreck that would come with more food safety scares.
 

Tex

Well-known member
don said:
and what i'm saying is that by the time it gets bad enough the remedies get that drastic you have already cut meat demand. not what producers need. maybe it's time to get over being insulted by current business practices (although i agree we have every right to be) and be proactive and avoid the wreck that would come with more food safety scares.

If those "food safety scares" are not addressed properly, you end up sending your train on the course of the wreck you predict.

If Canada had bse testing, they might be selling to Japan, Korea, and the other parts of the world right now. Instead, you bet on a bse containment policy which the rest of the world (and the U.S.) doesn't buy.

RM has a business built on just the fears you talk about. He is doing quite well. Food scares shouldn't be an impediment (unless they are real), they should be an opportunity. Unfortunately you have decided on a policy that can't separate the real from the unreal. I don't blame you, as a producer, as we have the same packer policy in the U.S.

In the case of Ford and GM, they are slowly being stripped of market share by following the policies management championed. The Japanese automakers in the U.S. are profiting heavily by it. GM and Ford want to blame it on legacy costs that they didn't pay for as they went along. During this time, investors took the money home. Now they are blaming those legacy costs (WHICH THEY SHOULD HAVE BEEN PAYING FOR ALL ALONG) for all their ails. Had they been paying the legacy costs as the accrued, the management may have recognized as the fraudsters they were instead of delaying it until now. It was just a financial trick that delayed the inevitable. The government pension oversight is to blame also. They allowed it to happen and allowed investors to take money home when it wasn't actually being earned. Now they are facing their train wreck and trying to blame it on their own mismanagement.

Sounds a lot like what Cargill is trying to do.
 
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