Essay Sample on Food Poisoning: A Global Health Threat

Introduction

Foodborne diseases are a significant health issue that affects many people globally. Foodborne illness, which commonly known as food poisoning, is often caused by consuming food that is contaminated by bacteria, parasites, chemicals, viruses, and other agents. Chemicals that are being used in food production in the modern world are one of the factors that have led to increased cases of foodborne illnesses. In this case, many companies are not taking the right precautions when producing their products. Therefore, the Food and Drug Administration (FDA) has been of great significance in ensuring food safety is practiced. Besides, the FDA has encouraged all main stakeholders, consumers, private and government-owned corporations, and the FDA, to work collectively to curb foodborne illnesses.

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Sources of Law

Several laws have been implemented in the United States to prevent food poisoning. For instance, the Centers for Disease Control and Prevention (CDC) and Food Safety were formed to examine pathogens that can be present in food. Equally, CDC is tasked with providing the linkage between diseases in people and the systems of food safety for both food producers and government agencies ("CDC," 2020). In some cases, people may engage in the production of food without adequate knowledge about preventing pathogens in foodstuffs. Therefore, CDC has been used to educate people on ways of avoiding food poisoning. For instance, CDC has helped people to learn about proper hot and cold holding temperatures of potentially hazardous food. Besides, improper cooking temperatures can lead to food poisoning. Consequently, CDC has focused on educating the public and companies about proper cooking temperatures of food to prevent the building up of pathogens that lead to food poisoning.

Contaminated or dirty utensils and equipment can also enhance the growth of pathogens such as bacteria. Therefore, CDC ensures that all food producers focus on hygiene. Additionally, CDC has assured that hotels and companies that sell food and beverage adhere to the policies that are enforced to ensure health is practiced. CDC also presents the Prevention Status Reports (PSRs) for all the states and the District of Columbia to show how policies and practices can be implemented to prevent foodborne illnesses. PSR mainly involves the policies and practices that each state practices, whereby they are rated using the three-level rating system. Typically, the rating system includes green, yellow, and red. Green is usually meant to show that the policies and practices are in full accordance with supporting evidence recommendations. Yellow shows that the policies and practices are in partial compliance with supporting expert recommendations. Red shows that the method and procedures are either absent or not under supporting evidence recommendations. Therefore, CDC has been of great significance in the prevention of food poisoning.

The United States FDA laws have also helped in curbing foodborne illnesses. According to estimations by the federal government, there are more than 47 million cases of foodborne illnesses annually, meaning that 1 in every 6 Americans becomes sick from eating contaminated food ("Foodborne," 2020). Therefore, FDA laws have been implemented to ensure cases of food contamination is limited in the country. Besides, there are 3000 deaths annually and 128,000 hospitalizations ("Foodborne," 2020). Thus, food poisoning is a significant threat in the United States, and focusing on FDA laws can minimize the number of deaths caused by foodborne illnesses. FDA mainly deals with issues such as labeling and nutrition, ingredients and packaging, protection of the food supply, chemicals and metals in food, food compliance, and enforcement programs ("FDA," 2020). One of the laws that were enacted by the FDA involved the demand for evidence of safety for new drugs, standards of food, and conducting factory inspection.

Furthermore, the FDA introduced laws that would require all facilities engaging in manufacturing, processing, packaging, or holding food for consumption to submit additional registration information. FDA can use the registration information to inspect the facilities before issuing permits and ensure that food in the facility is not contaminated. Besides, the FDA ordered that all food facilities should register with the FDA and ensure that they renew their registrations every year. In this case, any facility that has a reasonable probability of having food that can cause foodborne illnesses is suspended and charged for risking people's lives.

The FDA has also stated that food shall be deemed as contaminated if the packaging is held under insanitary conditions. Facilities that deal with foodstuff are required to register with FDA under section 415 of the Food Drugs and Cosmetic (FD&C) Act ("Foodborne," 2020). FDA has also ensured that food packaging is conducted in a clean environment to prevent being contaminated with filth that can lead to the building up of pathogens ("Foodborne," 2020). Labeling regulations have also been implemented to avoid misbranding and ensure fairness and proper nutrition. Therefore, the various policies that have been implemented by FDA have helped in enhancing food safety in the United States and limiting deaths caused by food poisoning.

The United States Department of Agriculture (USDA's) Food Safety and Inspection Service (FSIS) laws are also used to prevent foodborne diseases in the United States. The regulations mostly focus on the supply of meat, poultry, and eggs in the county. The laws have been implemented to ensure that these products are safe, well-packed, and correctly labeled. FSIS laws have also assured that every organization or individual involved with the food chain from the sea and farm to table maintains the safety of food ("FSIS," 2020). Therefore, any company or person that does not meet the established standards should be charged. Besides, a great responsibility lies with consumers who must be conscious of the safety of the food they purchase. Consequently, the laws have been used to encourage both producers and consumers to focus on food safety.

Consumption of contaminated meat and poultry products have also been experienced in the United States. Hence, FSIS laws have been implemented to ensure products are inspected before being taken to the market for human consumption. Besides, FSIS inspects meat and poultry slaughtering and processing plants to ensure that they follow the required measures that focus on food safety. On the other hand, FDA and FSIS share the responsibility for the safety of processed egg products. USDA has also been significant since it has focused on reducing the occurrence and number of pathogens on meat and poultry products. In this case, employees in meat and poultry processing plants are expected to implement Hazard Analysis Critical Control Point (HACCP) systems. Therefore, FSIs and USDA have helped the United States to improve the safety of meat and poultry products.

Foodborne Illness-Related Legal Cases

Townsend Farms vs. Goknur

Townsend Farms vs. Goknur is one of the cases that involved food poisoning. The outbreak of hepatitis in 2013 in the western United States was associated with the consumption of Townsend Farms Organic Antioxidant Blend. The product was a frozen berry blend that contained cherries, raspberries, blueberries, strawberries, and pomegranate arils. Townsend farms were involved in the packaging and selling of the Antioxidant Blend (Keller &Heckman, 2020). On the other hand, Goknur produced some of the pomegranate arils that were used in the Antioxidant Blend. Besides, PPI sold pomegranate Arils that was supplied by Goknur. Thus, plaintiffs contended that some of the pomegranate arils that were provided by Goknur to produce the Antioxidant Blend were contaminated with hepatitis A, and Goknur was responsible for the outbreak (Keller & Heckman, 2020). Moreover, plaintiffs insisted that there was a need for them to be compensated.

Conversely, Goknur contended that the pomegranate arils were not the source of contamination in the blend, and they were not reliable for the outbreak (Keller & Heckman, 2020). Therefore, adequate evidence was needed to ensure justice was achieved. After investigation, the jury found that defendants provided the pomegranate arils contaminated with hepatitis A. Hence, the board compensated Townsend Farms by offering them $2.7 million for underlying settlements and $4.8 million in punitive damages (Keller & Heckman, 2020). Also, PPI was awarded $78 671 for the cost incurred and lost profits, including $500,000 in punitive damages (Keller & Heckman, 2020). Therefore, the case was settled by focusing on dangers that were imposed on people who consumed the Antioxidant Blend.

Carol Abrams v. Terry H. Jones dba Jones Family Farms

The case of Carol Abrahams and Terry jones entailed the consumption of contaminated apple cider. The plaintiff consumer sued defendants claiming that their apple cider was defective and unfit for human consumption since it was unpasteurized and was infected with E. coli 015787 (Mahdu, 2015). Besides, the plaintiff claimed that she suffered injuries and damages after consuming the unpasteurized apple cider. Nonetheless, the defendants filed an answer that stated that the plaintiff had misused the product and or failed to maintain the product (Mahdu, 2015). Additionally, the defendant asserted that the product might have been modified by third parties, which could have led to contamination of the product.

Nonetheless, the plaintiff insisted that the defendants had failed to set forth any facts which show that a third party altered or modified the product (Mahdu, 2015). Equally, the plaintiff claimed that the defendants did not present any solid facts to prove that the product was misused or improperly maintained. After analyzing the evidence, the Connecticut Supreme Court eliminated comparative negligence as one of the causes of damages and injuries caused by the product. Also, the defendants failed to allege any facts to support their defense about the modification of products and misuse of the products (Mahdu, 2015). Consequently, the defendants were charged for risking the consumers, and Abrahams was compensated for the injuries caused by the product.

Class Action Lawsuit Filed Vs. ConAgra Over Salmonella

The Class Action Lawsuit Filed vs. ConAgra is a case that entailed contaminated peanut butter. The plaintiff claimed contaminated peanut butter that was manufactured by ConAgra Foods was not fit for human consumption ("Garrison," 2020). ConAgra makes the Peter Pan and Great Value brands of peanut butter that were claimed to contain salmonella. Also, the FDA had issued a warning about salmonella in food products stating that it was not fit for human consumption ("Garrison," 2020). Besides, the FDA had linked several food poisoning cases in many states to the use of the various types of Peter Pan peanut butter. Therefore several people sued ConAgra for selling contaminated products. For instance, Wares and Mr. Bunn alleged that they were infected with Salmonella from eating the Peter Pan brand peanut butter.

Furthermore, the Tennessee law firm of Craft & Sheppard, P.L.C., filed a class action lawsuit against ConAgra Foods claiming that the peanut butter had caused injuries and damages to humans ("Garrison," 2020). Additionally, the plaintiffs alleged that the company imperiled the lives of the consumers and should have focused on the safety of the products before selling them to the consumers ("Garrison," 2020). Therefore, following the claims, the company was charged, forcing it to stop its production in many areas leaving Sylvester, Ga. as its only peanut butter plant. Thus, cases of foo...