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Two Democratic politicians have called for federal agencies to open a criminal investigation into the Boar’s Head listeria outbreak that’s killed 10 people and caused 59 hospitalizations in 19 states. CBS News reports the USDA has indeed opened an investigation, though it’s not clear if it’s a civil or criminal matter at this point.
Sen. Richard Blumenthal and Rep. Rosa DeLauro, both Democrats from Connecticut, sent a letter to the U.S. Department of Justice and USDA on Thursday calling for an investigation into potentially criminal charges in the recall of 7 million pounds of Boar’s Head food products. The meat contained listeria and health authorities are concerned it could still be sitting in the refrigerators of Americans, given the fact that some of the products have sell-by dates in October.
Blumenthal held a news conference Friday about Boar’s Head, saying that the deaths and illnesses were “fully preventable” and a result of “unsanitary, unsafe conditions that involved repeated violations of federal safety standards.” Blumenthal sits on a number of important Senate committees and serves as Chairman of the Permanent Subcommittee on Investigations.
“The violations of standards here were repeated, reckless, and seemingly willful, and that’s why I think there ought to be a criminal investigation and potential action against Boar’s Head,” Blumenthal said.
CBS News submitted a Freedom of Information Act request about Boar’s Head to the USDA’s Food Safety and Inspection Service and received a notice that documents couldn’t be released because they were being “compiled for law enforcement purposes.” CBS notes that it’s unclear if the law enforcement probe is a criminal or civil investigation.
“We take very seriously matters of public health and corporate accountability, and an investigation into this matter remains underway and ongoing,” a spokesperson for FSIS said in a statement to CBS News.
The meat processing plant at the center of the outbreak in Jarratt, Virginia was closed down when the recall was first announced in July and the company announced earlier this month that it would be permanently shuttering the facility. Boar’s Head also announced it would be discontinuing its liverwurst product, which is believed to be the food that killed 10 people from listeria contamination.
The New York Times published a rather revolting expose on health inspection failures at the meat plant in Jarrat, including how health inspectors found rust, meats exposed to wet ceilings, and the presence of green mold. Incredibly, the U.S. Department of Agriculture failed to institute strict health measures, despite finding these lapses.
While the current tally from this outbreak sits at 10 dead and 59 hospitalized, it’s entirely possible that the number could grow. As the CDC points out on its website about the recall, it typically takes 3 to 4 weeks to determine if a sick person is part of an outbreak. Even more concerning for consumers who ate Boar’s Head products months ago and think they’re out of the woods, it can reportedly take 10 weeks for some people to develop symptoms from their exposure.
The CDC is particularly concerned about the elderly in this listeria outbreak, as all of the deaths have been in consumers aged 70 or older. The states with deaths include Illinois, New Jersey, Virginia, Florida, Tennessee, New Mexico, New York, and South Carolina.
The letter from Sen. Blumenthal and Rep. DeLauro to USDA Secretary Thomas Vilsack and Attorney General Merrick Garland called on the agencies to “work together to seek immediate justice” for those harmed by the outbreak.
“We cannot let large corporations get away with endangering public health, it is imperative that we hold food companies to the highest standards so that Americans can feel safe shopping for groceries and feeding their families,” the letter reads. “Boar’s Head must be held accountable, those impacted by this crisis deserve more than an apology, they deserve justice.”
Boar’s Head released a statement earlier this month announcing the creation of a new internal safety council and a new role called the Chief Food Safety & Quality Assurance Officer, who reports directly to the company president.
“This is a dark moment in our company’s history, but we intend to use this as an opportunity to enhance food safety programs not just for our company, but for the entire industry,” the company said.
