The latest example of how even health-conscious eaters are not immune from foodborne illness outbreaks came last week with a recall of organic frozen berries contaminated with Hepatitis A. The products were sold under the brand name of Townsend Farms at two large chains: Costco stores in the West and Harris Teeter stores in the East. The latest count from the U.S. Centers for Disease Control and Prevention is 99 people infected in eight states: Arizona, California Colorado, Hawaii, Nevada, New Mexico, Utah, and Washington. Of these, 38 have been hospitalized. According to the CDC, Hepatitis A “usually occurs when an infected food handler prepares food without appropriate hand hygiene.” However, the source of this particular strain is still unclear, except that it probably did not originate in the United States. This outbreak raises several important questions about our food system. Are Companies Duping Consumers with “Farm-washing”? According to the fine print on the back label, shown on food safety attorney Bill Marler’s blog, the fruit came from around the world: Chile, Argentina, and Turkey. The pomegranate seeds processed in Turkey appear to be the culprit. (Marler is suing Townsend on behalf of the victims and just sent the company this demand letter.) But you couldn’t tell the international origins from the front of the packaging labeled “Organic Antioxidant Blend,” with the bucolic image of Townsend Farms and its warm and fuzzy tag line: “Since 1906, Field to Farm to Family.” It seems at least one victim of the outbreak was fooled by the imagery. According to CBS News, Geoff Soza of California ate “a healthy breakfast of thawed frozen berries and Greek yogurt every morning,” but while celebrating his 30th wedding anniversary in Yellowstone National Park, the 64-year-old wound up in the hospital instead. At one point, things looked so serious that the words “liver transplant” were uttered by a doctor. Soza seemed shocked to learn his favorite berries were not from the Oregon farm depicted on the packaging. According to the story:

Healthy and health-conscious, the Sozas always inspect their foods and select organic produce. They were surprised to learn that some of the fruit from Townsend Farms of Fairview, Ore., was from outside the United States. But the packaging convinced the Sozas the fruit was all-American because it bears the slogans “Grower. Processor. Distributor.” and “Field to Farm to Family, since 1906.”

Soza’s wife put it plainly: “It was our distinct impression that these are raised under U.S. standards, especially organic food standards.” (More on this later.) I asked Mark Kastel, co-founder of The Cornucopia Institute, an organic watchdog group, if he thought the Townsend label was confusing as to the product’s origins. “Yes, it’s deliberately deceptive, to make you think you’re buying local fruit from the farm up the road. There are many examples of this. Often companies with the word ‘farm’ in their name don’t even do any growing themselves, they just contract with farms, sometimes from all over the world. Or they just buy from brokers in the farms or an anonymous source.” How does this connect to food safety risks? While small, local farms are not immune, the difference is in the magnitude of the impact: with a small farm, any adverse impacts are only felt locally, but with globalization, the potential hazards are spread far and wide, and to a much larger population. Also, about the antioxidant claim on the package, registered dietitian Andy Bellatti tells me it’s pretty meaningless. “All whole, plant-based foods contain antioxidants. So any combination of fruit can be ‘an antioxidant blend’ and what matters most is diversity of antioxidants, not just from berries.” Can We Trust Organic Labels on Imported Foods? Among the most frequent questions I get regarding organic is, “What about imported food; can we trust the standards in other countries?” The Townsend berries sports the USDA organic seal, indicating that even though the mix contains imported fruit, it still conforms to the high U.S-based organic standards. As Food Safety News explains, imported foods are evaluated by organic certifying agencies approved by the U.S. Department of Agriculture: Townsend Farms’ products are certified as organic by both Oregon Tilth, a private third-party certifier, and the Washington State Department of Agriculture. But how is it that berries grown in Turkey, Chile and Argentina can get packaged in Oregon and certified as organic by the standards of the U.S. Department of Agriculture? The short answer to that question lies in the fact that firms worldwide have the ability to certify farms according to the standards set forth by the USDA. As long as a proper authority can verify that a farm operates according to organic standards once a year, that farm can become USDA-certified organic whether it’s outside Indianapolis or Istanbul. OK, but can we trust these foreign certifiers? Some watchdog groups such as Center for Food Safety and Cornucopia Institute have greater confidence in U.S. farms and U.S.-based organic certification than from imports. These groups and many others have grave reservations about particular countries with an increasing presence in the U.S., particularly China and India. How Many Sick People Will it Take to Get Feds to Act? Most importantly, this serious outbreak underscores once again how the stalled food safety regulations, as mandated by the Food Safety Modernization Act (enacted in 2011), are adversely impacting public health. The law, which numerous groups pushed hard for, mandates significant upticks in foreign inspections by the Food and Drug Administration, although how those increases will be funded remains a serious question. Additional import safeguards include giving FDA authority to require certification for food coming from certain countries as a condition of admission to the U.S. But the required regulations for how these preventive measures would be implemented have been overdue for more than a year now. In April, a federal court agreed with the Center for Food Safety’s lawsuit that the Food and Drug Administration has failed to adhere to statutory deadlines for final regulations. The judge ordered FDA to work with CFS to submit a new timeline for the rules, which the court would then require FDA to follow. George Kimbrell, senior attorney with Center for Food Safety, says this process is currently underway, which is the good news:

Congress required FDA to dramatically improve import safety. The firm, timely deadlines for new import regulations underscored how overdue and urgently-needed the improvements are. The court should soon set new deadlines for the regulations, and FDA will finally do the job Congress required of it and protect the American public from continued outbreaks.

The bad news is that while FDA continues to drag its feet, Americans continue to get sick. Whether it’s hepatitis A in imported berries, Listeria in imported cheese, or Salmonella in imported papayas, our regulators have a lot more work to do to safeguard the food supply. Let’s hope it won’t take more illnesses to get them to take action. Editor’s note: This article originally appeared on the Center for Food Safety Blog June 11, 2013. The outbreak statistics have been updated to reflect the most current information. Bill Marler, whose blog is mentioned in the piece, is publisher of Food Safety News. Marler Clark, the firm that underwrites Food Safety News, is representing Geoff Soza.

  • FreeMarketWorks?

    I only have two words to say; Budget cuts and sequester.

    • doc raymond

      That’s four words.

  • M Kim Shep

    I’ve used Townsend Triple Berry Blend, sold at Sams Club, every moring in my smoothies…so this has me very frightened. I was always aware of the the small black print on the pkg. indicating that their berries were sourced from Argentina and Chili, which was disturbing to me. I recently purchased several other brands of frozen berries from Aldi and Meijer which also show that the berries are sourced from Argentina, Chili as well as Serbia! Why is this allowed to go on?? SICKENING…literally.

    • Fernando Floyd

      maybe it has no good profits growing that berries in US. that is the reason. It is cheaper to do it in those countries than in the US. German cars are also not done in germany 100%.

  • doc raymond

    You can blame imports all you want while ignoring the PCA and Jensen Farms huge outbreaks from food produced right here in the USA. And who is saying they have proof the virus came from overseas and not from a worker at Townsend who sorted the berries?

  • William A Finch

    Then find the infected food handler. ffs! This isn’t rocket science. These people are supposed to be tested periodically. How many people have to become sick before you isolate this person?

  • Simon Sobo, M.D.

    It’s about time people started waking up about the whole organic nonsense that goes unchallenged. Local food may taste better but organic is a silly overblown issue. We have now had 3 big food contamination scares in recent years, peanuts,spinach, and this and ALL of them were from organic farms. My mother is 96, my in-laws both lived in to their 90’s, and it isn’t just them. People are living longer and longer in the United States every year (the longest anyone has ever lived in the history of the world) My mother and in laws always bought supermarket food. I simply don’t know how organic food gained the legitimacy it has as “healthier.” People are wasting their time and money on a nonsensical movement. The American Academy of Pediatrics has declared organic food no better and any educated nutritionist can confirm this (with the exception with organic cultists (usually associated with the anti immunization movement, homeopaths and other health nuts.) The accusations against Monsanto and GMO The internet has given a legitimacy to many of these movements so it may be difficult to sort through a google search but I wish people would take the time to truly research this issue. People also should know that farm bill 510, an attempt to impose health and safety standards on farms was supported by the large food producers and opposed by organic farmers. While this issue is more complicated, since the relative cost to small farm is greater it still is interesting that they are against food safety legislation

    • Eric Powell

      I agree with you 100%. To help you understand why organic food gained popularity as “healthier”, look no further than the liberal media. And by the liberal media I mean the non-science based media.

      • guest

        You guys need to look at the data on pesticides in non organic food, and the relaxed standards for compliance in third world countries. What is most disconcerting about the Townsend Farms is the deceptive marking. Liberal or Bible thumper, we are all entitled to know what is in the food we eat BEFORE we choose to buy, and not hidden in fine print like on the Townsend farm bags. Those guys and gals are dishonest IMHO>

  • issyco

    I too am concerned about blueberries I bought that are from Chili and are stamped with the USDA certified organic seal. I have heard that the organic board has been compromised and you can no longer trust this seal. Your best bet is to know your growers and eat locally! Organic farmers pinch bugs instead of using dangerous pesticides. Find a local grower who grows organic and buy there. You can really lose!