Foodborne illness remains a persistent and significant public health issue in the United States. Affecting an estimated 48 million people annually, these illnesses result in approximately 128,000 hospitalizations and 3,000 deaths, according to the Centers for Disease Control and Prevention (CDC). While many of these cases are mild and self-limiting, a significant proportion cause severe, long-lasting health problems and even death. In recent years, trends in foodborne illness have shifted, influenced by evolving food production practices, global supply chains, regulatory reforms, and consumer behaviors. To delve into these developments and their legal implications, we sat down with a national food poisoning lawyer who has represented hundreds of clients in foodborne illness cases.
The Current State of Foodborne Illness in the U.S.
Top Culprits: Pathogens and Vehicles
The major culprits in foodborne illnesses are well known: Salmonella, E. coli O157:H7, Listeria monocytogenes, Norovirus, and Campylobacter jejuni top the list of pathogens responsible for the majority of reported cases.
Each pathogen has its preferred vehicle. For instance:
- Salmonella is commonly associated with raw or undercooked poultry, eggs, and produce.
- E. coli O157:H7 outbreaks are often linked to undercooked ground beef and leafy greens.
- Listeria is notorious for contaminating ready-to-eat meats and unpasteurized dairy products.
- Norovirus frequently spreads through contaminated shellfish and food handled by infected persons.
- Campylobacter is primarily found in raw or undercooked poultry and unpasteurized milk.
Notably, the rise in fresh produce consumption over the past two decades has led to an increase in foodborne illnesses from fruits and vegetables, which are now a leading cause of outbreaks.
Legal Insights: Interview with Attorney Ron Simon
To understand the intersection of public health and the legal system, we spoke with Anthony C. Coveny, Ph.D., J.D., M.A., a national food poisoning attorney with the law firm Ron Simon & Associates, which has over 20 years of experience in foodborne illness litigation and arguably the most experienced food poisoning law firm in the nation.
Q: What trends have you seen in the types of foodborne illness cases brought to court?
Anthony Coveny (known by his clients as “Tony”): “Over the past decade, there’s been a definite uptick in cases involving fresh produce and pre-packaged salads, and this has been instrumental in shifting people’s understanding of food borne illness. Ten or fifteen years ago, most people thought food poisoning was synonymous, or rather intrinsically linked, to undercooked meat or dairy, but now we see lettuce, fruits like cantaloupes, and seemingly innocuous ingredients line sprouts are actually more likely to be in the news, reshaping public awareness of where food poisoning comes from. Another trend is the globalization of our food supply. Imported foods are showing up more often in contamination cases. People are beginning to understand that food safety is not about luck, but that proper manufacturing processes can greatly limit occurrences of food borne illness.”
Q: How has litigation changed with these trends?
Tony Coveny: “In reality, the biggest challenge has always been tracing food poisoning to its source. Because of that, one of the biggest changes has been the growing role of technology in tracking outbreaks. Thanks to whole genome sequencing and better surveillance systems like the CDC’s PulseNet, it’s easier to trace an illness back to its source. From a legal standpoint, this strengthens the case for plaintiffs, as we can tie a specific batch of food to a specific outbreak with more confidence.”
The Role of Regulation and Policy
FSMA: A Turning Point
In 2011, the Food Safety Modernization Act (FSMA) represented a major shift from reactive to proactive food safety policies in the U.S. The FSMA granted the Food and Drug Administration (FDA) new powers to require preventive controls and increased inspection frequency. It also introduced mandatory recall authority—a significant tool for removing tainted food from the market swiftly.
Despite FSMA’s implementation, outbreaks persist. Critics argue that enforcement is uneven, and funding constraints hinder the FDA’s ability to conduct thorough inspections. Furthermore, USDA-regulated foods (e.g., meat and poultry) are not covered under FSMA but instead fall under a separate regulatory framework.
Shifts in Consumer Behavior and Risk
The Rise of Meal Kits and Delivery Services
Online grocery platforms, meal kits, and food delivery services have surged in popularity, especially during the COVID-19 pandemic. These services introduce new food safety risks related to packaging, transportation temperatures, and handling.
According to Coveny: “We’ve started to see cases where improper handling by a delivery driver or failure to maintain cold chain protocols led to contamination. In these cases liability can be a little more difficult to establish because now there is the question of whether it was the producer, the restaurant, or the delivery entity? Luckily, under strict liability, this is often for the defendants to figure out as each entity, in many states, share the liability in a food poisoning case..”
Dietary Preferences and Risk Exposure
The popularity of raw food diets, unpasteurized dairy, and rare meat dishes has also led to increased exposure to pathogens. Certain consumer choices, such as opting for raw milk or rare steak, inherently carry more risk. While some argue for personal responsibility, others believe clearer labeling and education are necessary.
Emerging Pathogens and Antimicrobial Resistance
One alarming trend is the emergence of new, drug-resistant strains of bacteria. Antimicrobial resistance (AMR) in foodborne pathogens is rising due to the overuse of antibiotics in livestock.
Tony Coveny commented: “AMR adds another layer of complexity to litigation. Not necessarily related to causation, but more with regards to damages. When clients suffer from drug-resistant infections, their cases often become more severe, and long-term medical costs are higher.”
Legal Hurdles for Victims
While food poisoning lawsuits can provide compensation for medical bills, lost wages, and suffering, proving liability remains a significant hurdle. Victims must show:
- The food consumed was contaminated.
- The contamination caused the illness.
- The illness resulted in damages.
This requires laboratory testing, medical documentation, and sometimes epidemiological evidence. Moreover, many foodborne illnesses have incubation periods of several days, making it hard to identify the exact source.
Coveny elaborated: “Timing is everything. The sooner a client seeks legal help, the better. Evidence like receipts, leftover food samples, and even packaging can be critical. In addition, seeking out the proper test, like a stool culture, is vital, adn there is only a short window in which this has to be done. Unfortunately, some people don’t realize they have a claim until it’s too late.”
Recent High-Profile Cases
Several large-scale outbreaks in recent years have spotlighted the ongoing risk of foodborne illness:
- 2024 McDonald’s Quarter Pounder E. coli Outbreak: Over 100 cases across a large part of the nation led to hospitalizations and even deaths. The outbreak was traced to fresh sliced onions from Taylor Farms
- 2024 Boar’s Head Listeria in Deli Meats: Linked to pre-packaged deli meats, causing multiple deaths and hospitalizations.
- 2024 Salmonella in Cucumbers: Resulted in 68 cases nationwide and a massive recall.
Such outbreaks underscore the importance of vigilance in food safety practices, from farm to table.
Prevention: Legal and Public Health Collaboration
Prevention of foodborne illness involves collaboration between regulators, producers, consumers, and legal professionals. Attorneys like Coveny advocate for:
- Stricter compliance with FSMA rules.
- Transparency in food traceability systems.
- Mandatory pathogen testing, especially in high-risk food sectors.
Public health agencies promote safe food handling education, including:
- Proper refrigeration and cooking temperatures.
- Hygiene during food preparation.
- Awareness about high-risk foods for vulnerable populations (e.g., pregnant women, elderly, immunocompromised).
The Future of Foodborne Illness Litigation
Looking ahead, Coveny predicts the number of personal injury lawsuits linked to contaminated food will rise as outbreaks affect larger populations across wider geographic areas due to national distribution networks. Additionally, tech-based solutions, such as blockchain for traceability and AI-driven food safety audits, may revolutionize both prevention and litigation.
No End in Sight – The Number of Food Poisoning Personal Injury Claims Likely to Grow
Trends in foodborne illness reflect the complexity of modern food systems. While regulatory advances and legal mechanisms have improved consumer protection, challenges persist, especially with global supply chains and emerging pathogens. Discussions with legal professionals highlight the importance of proactive safety measures, consumer awareness, and robust legal frameworks to ensure accountability and justice for victims.
Ultimately, food safety is a shared responsibility. From farm workers and food processors to delivery drivers and home cooks, each step in the chain matters. By understanding trends and strengthening legal and public health efforts, the U.S. can continue to reduce the burden of foodborne illness and safeguard public health.
