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The Daily Harvest French Lentil + Leek Crumbles – with tara – the Marler Clark Epi Curve does not lie

By Bill Marler on October 19, 2022
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There is no dispute that Daily Harvest French Lentil + Leek Crumbles, with tara, caused a significant outbreak of acute liver failure according to both Daily Harvest and the FDA.

According to a statement from Daily Harvest from last July (no update since):

“Our extensive investigation has involved many experts analyzing data from all sources. We have only used this ingredient in French Lentil + Leek Crumbles and we are no longer sourcing from this producer who does not provide any ingredients for our 140+ other items,” Drori said. “This was the first and only time we’ve used tara flour, which has been available and used in the North American market as a plant-based source of protein prior to our use. Our investigation team will continue working with the FDA, the tara flour producer and others to help determine what specifically made people sick.”

Daily Harvest still believes that the issue is limited to the French Lentil + Leek Crumbles. “As we’ve continued our testing sequencing over the past four weeks and reviewed consumer reports and medical records — including analysis by medical toxicologists and food safety experts –, the data has repeatedly indicated that the issue is isolated to French Lentil + Leek Crumbles. Drori said.

The product was recalled on June 17. From April 28 to June 17, 2022, 28,000 units of the recalled product were distributed to consumers in the continental United States through online sales and direct delivery, as well as through retail sales at the Daily Harvest store in Chicago, IL, and a “pop-up” store in Los Angeles, CA. Samples were also provided to a small number of consumers.

That fits with the FDA findings (that also have not been updated for several months).

We do know that the French Lentil + Leek Crumbles, with Tara, did not hit the market until late April and were recalled in mid-June (there are cases post recall).  That fits exactly with the epidemiologic (Epi) curve developed my our on-staff epidemiologist after a sampling of illness onset dates of French Lentil + Leek Crumbles consumers.

We have provided to defendants, Daily Harvest, Stonegate, Smirk’s, and the FDA and the CDC, with all information about our client onset dates, symptoms and clinical lab results.  It is helpful to have over 350 clients to sample from.

We are also providing all product sample testing to Daily Harvest, Stonegate, Smirk’s, and the FDA and the CDC in real time. To date, our labs and the FDA labs have not determined what it the tara is causing the exact symptoms in those who consumed the product in the outbreak period.

We will get to the bottom of this.

Photo of Bill Marler Bill Marler

Bill Marler is an accomplished personal injury lawyer and national expert on foodborne illness litigation. He began representing victims of foodborne illness in 1993, when he represented Brianne Kiner, the most seriously injured survivor of the Jack in the Box E. coli O157:H7…

Bill Marler is an accomplished personal injury lawyer and national expert on foodborne illness litigation. He began representing victims of foodborne illness in 1993, when he represented Brianne Kiner, the most seriously injured survivor of the Jack in the Box E. coli O157:H7 outbreak, resulting in her landmark $15.6 million settlement. Marler founded Food Safety News in 2009.

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  • Posted in:
    Food, Drug & Agriculture, Personal Injury
  • Blog:
    Marler Blog
  • Organization:
    Marler Clark, Inc., PS
  • Article: View Original Source

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