Hepatitis A Outbreaks in the United States Linked to Food or Food-Service Workers

This list covers documented U.S. hepatitis A outbreaks since 2000 in which the implicated source was a contaminated food product or an infected food-service worker.

The CDC estimates that roughly 5% of hepatitis A outbreaks are linked to an infected food handler. [1]

Outbreaks linked to a contaminated food product

• 2003 — Chi-Chi’s Restaurant, Beaver Valley Mall (Monaca, Pennsylvania)

Source: Raw/undercooked green onions (scallions) imported from Mexico; served in items such as mild salsa. [2][3][4]

Scale: Over 650 confirmed primary and secondary cases; 4 deaths; at least one liver transplant. Victims included ≥13 restaurant employees and residents of six other states. More than 9,000 exposed people received immune globulin (Ig) shots. [2][3][4][5]

Significance: At the time, the largest single-source hepatitis A outbreak in U.S. history. FDA confirmed the green-onion link in a December 9, 2003 statement; traceback led to three farms in Mexico. [2][3][6]

Bill Marler / Marler Clark: The firm resolved 78 victim claims and obtained a $6.25 million settlement for Richard and Linda Miller (Mr. Miller required a liver transplant). A separate class-action settlement (~$800,000 fund) compensated roughly 9,300 people who received Ig shots; Marler also moved to lift Chi-Chi’s bankruptcy protection so victims could be compensated. [3][5][7]

• 2013 — Townsend Farms “Organic Antioxidant Blend” frozen berries (Costco / Harris Teeter)

Source: Pomegranate seeds (arils) imported from Turkey (Goknur Foodstuffs); part of a frozen berry mix. The outbreak strain was genotype 1B, rarely seen in the Americas. [8][9][10]

Scale: CDC final report: 165 cases across 10 states (interim counts ranged from 136 in 8 states). Concentrated in western states (AZ, CA, CO, HI, NV, NM, UT, WA). [8][9][11]

Bill Marler / Marler Clark: The firm filed 8 individual lawsuits against Townsend Farms plus 9 class-action lawsuits (in AZ, CA, CO, HI, ID, NV, NM, OR, WA) on behalf of people who received vaccine/Ig or testing. [9][12]

• 2016 — Tropical Smoothie Café (Virginia and multistate)

Source: Frozen strawberries imported from Egypt (International Company for Agricultural Production & Processing, ICAPP), used in smoothies. [13][14][15]

Scale: 134 cases reported from 9 states (Virginia 107), 52 hospitalized, no deaths. (CDC’s tally for the 2016 frozen-strawberry outbreak is cited as 143 cases.) ICAPP recalled its U.S.-imported frozen strawberries on October 30, 2016. [13][14][15][16]

Bill Marler / Marler Clark: The firm represented about 75 people sickened; litigation proceeded in Virginia state court against Tropical Smoothie and the supply chain. Marler publicly criticized a ~14-day delay in the Virginia public alert. [13][15][17]

• 2016 — Genki Sushi, Oahu and Kauai (Hawaii)

Source: Raw “Sea Port Bay Scallops” (Wild Harvest, frozen) imported from the Philippines, distributed by Koha Oriental Foods; FDA lab tests confirmed hepatitis A in scallop samples. [18][19][20]

Scale: 292 cases (as of Nov. 30, 2016), 74 hospitalized, 1 death. Eleven Genki Sushi locations were closed, and the product was embargoed statewide. [18][19][20]

Bill Marler / Marler Clark: The firm represented about 85–86 sickened people, including the one fatality; all individual cases settled, and a class action for those requiring shots settled for up to $4.5 million. [18][19]

• 2019 — Fresh blackberries (Fresh Thyme / Woodman’s, multistate)

Source: Fresh blackberries sold at Fresh Thyme and Woodman’s stores. [1][21]

Scale: CDC received reports of 20 cases linked to this multistate outbreak. [1]

Bill Marler / Marler Clark: The firm was retained in cases linked to the blackberries (including a Nebraska case). [21]

• 2022 — Fresh organic strawberries (multistate; U.S. and Canada)

Source: Fresh organic strawberries (sold under brands including FreshKampo and HEB). [1][22]

Scale: CDC received reports of 19 U.S. cases; reporting noted roughly 27 cases across the U.S. and Canada combined. [1][22]

Bill Marler / Marler Clark: The firm tracked and took cases in this outbreak. [22]

• 2023 — Frozen organic strawberries (multistate)

Source: Frozen organic strawberries imported from certain suppliers; investigated by CDC, FDA, and state officials. [1][23]

Scale: CDC received reports of 10 cases linked to this multistate outbreak. [1]

Bill Marler / Marler Clark: The firm reported on and handled the Washington/California cases tied to the imported strawberries. [23]

Outbreaks linked to an infected food-service worker / restaurant

• 2021 — Famous Anthony’s restaurants (Roanoke, Virginia)

Source: An infected food-service worker who worked at three Famous Anthony’s locations in late summer 2021. Investigators later concluded the employee contaminated both food and surfaces (doorknobs, tables, menus). [24][25][26]

Scale: 52 confirmed primary cases, at least 36 hospitalizations, and 4 deaths. The chain filed Chapter 11 bankruptcy for two of its locations. [25][26][27]

Bill Marler / Marler Clark: Marler represented many of the victims (reported as 28 in some firm pages and 43 of 52 in news coverage); roughly 40 lawsuits were filed, and a tentative settlement was later reached. [24][26][27][28]

• Additional restaurant / food-handler outbreaks handled by Marler Clark

The following restaurant-associated hepatitis A outbreaks are listed publicly by Marler Clark as matters the firm handled or was retained in. Detailed public case counts for these are more limited; the firm’s outbreak index is the primary citation. [29]

• 2022 — Gino’s Ristorante & Pizzeria hepatitis A outbreak. [29]
• 2020 — 555 East American Steakhouse (Long Beach / Los Angeles, California) hepatitis A outbreak. [29]
• 2019 — Mendham Golf & Tennis Club (New Jersey) hepatitis A outbreak. [29]
• 2013 — New Hawaii Sea Restaurant (Hawaii) hepatitis A outbreak. [29]

Marler Clark also has brought hepatitis A lawsuits over the years against companies including Costco, Subway, McDon’s, Red Robin, Chipotle, Quiznos, and Carl’s Jr. [27]

Context: the 2016–2023 person-to-person outbreaks (not foodborne)

Separate from the food-linked events above, the United States experienced large, ongoing person-to-person hepatitis A outbreaks beginning in 2016, primarily among people who use drugs, people experiencing homelessness, and men who have sex with men. CDC reported more than 44,900 outbreak cases across 37 states during 2016–2023, with roughly 27,000 hospitalizations and more than 400 deaths. These were not caused by contaminated food or food handlers but are included here because they are frequently referenced alongside foodborne hepatitis A and account for the case spikes seen in 2017–2019. [1][30][31]

References (publicly available sources)

1. [1] CDC, “Hepatitis A Outbreaks” (list since 2013) and “Outbreaks Linked to Food Sources and Person-to-Person Contact.” https://www.cdc.gov/hepatitis-a/outbreaks/index.html
2. [2] Food Safety News, “Chi-Chi’s Hepatitis A Outbreak.” https://www.foodsafetynews.com/2009/09/meaningful-outbreak-6-chi-chis-hepatitis-a-outbreak/
3. [3] Marler Clark, “Chi-Chi’s Hepatitis A Outbreak Lawsuits — Pennsylvania.” https://marlerclark.com/news_events/chi-chis-hepatitis-a-outbreak-pennsylvania
4. [4] Wikipedia, “2003 Chi-Chi’s hepatitis A outbreak.” https://en.wikipedia.org/wiki/2003_Chi-Chi’s_hepatitis_A_outbreak
5. [5] Marler Blog, “Chi-Chi’s may reopen, but let’s not forget the over 500 with Hepatitis A, 4 deaths and a liver transplant.” https://www.marlerblog.com/case-news/chi-chis-may-reopen-but-lets-not-forget-the-over-500-with-hepatitis-a-4-deaths-and-a-liver-transplant/
6. [6] Food Processing, “Remembering the Chi-Chi’s Hepatitis A Outbreak of 2003.” https://www.foodprocessing.com/food-safety/regulatory-compliance/news/33014271/remembering-the-chi-chis-hepatitis-a-outbreak-of-2003
7. [7] Marler Clark, “Chi-Chi’s hepatitis A Outbreak Lawsuits” (class-action settlement). https://marlerclark.com/news_events/chi-chis-hepatitis-a-outbreak
8. [8] Marler Blog, “Final CDC Report on Hepatitis A Pomegranate Kernels Out.” https://www.marlerblog.com/legal-cases/final-cdc-report-on-hepatitis-a-pomegranate-kernels-out/
9. [9] Marler Clark, “Townsend Farms organic frozen berries hepatitis A outbreak.” https://marlerclark.com/news_events/townsend-farms-organic-frozen-berries-hepatitis-a-outbreak
10. [10] Food Safety News, “Hepatitis A Outbreak from Pomegranate Seeds in Berry Mix Hits 136.” https://www.foodsafetynews.com/2013/07/hepatitis-a-outbreak-from-pomegranate-seeds-in-berry-mix-hits-136/
11. [11] NBC News, “Toll reaches 118 in hepatitis A outbreak tied to frozen berry mix.” https://www.nbcnews.com/health/health-news/toll-reaches-118-hepatitis-outbreak-tied-frozen-berry-mix-flna6c10361928
12. [12] Food Poison Journal, “Marler Clark to File Third Hepatitis A-Related Lawsuit Against Townsend Farms.” https://www.foodpoisonjournal.com/foodborne-illness-outbreaks/marler-clark-to-file-third-hepatitis-a-related-lawsuit-against-townsend-farms-on-thursday/
13. [13] Marler Clark, “Tropical Smoothie Cafe Hepatitis A Outbreak” / litigation. https://marlerclark.com/news_events/tropical-smoothie-hepatitis-a-litigation
14. [14] Marler Clark, “Settlement Finalized in Tropical Smoothie Café Hepatitis A Outbreak” (134 cases, 9 states). https://marlerclark.com/news_events/settlement-finalized-in-tropical-smoothie-cafe-hepatitis-a-outbreak
15. [15] Food Safety News, “Hepatitis A outbreak linked to smoothies spans 5 states; 51 sick.” https://www.foodsafetynews.com/2016/08/hepatitis-a-outbreak-linked-to-smoothies-spans-5-states-51-sick/
16. [16] CDC, “Hepatitis A Outbreak in 2016 Linked to Frozen Strawberries” (143 cases; archived). https://archive.cdc.gov/#/details?url=https://www.cdc.gov/hepatitis/outbreaks/2016/hav-strawberries.htm
17. [17] WTVR, “Law firm files suit against Tropical Smoothie Café over hepatitis A outbreak.” https://www.wtvr.com/2016/08/25/suit-against-tropical-smoothie-cafe-over-hepatitis-a-outbreak
18. [18] Marler Clark, “Hawaii Hepatitis A Outbreak Linked to Genki Sushi.” https://marlerclark.com/oahu-hepatitis-a-outbreak-investigation
19. [19] Marler Clark, “Genki Sushi Hawaii Hepatitis A Outbreak Class Action / Settlements.” https://marlerclark.com/news_events/genki-sushi-hawaii-hepatitis-a-lawsuits
20. [20] Hawaii News Now, “Hepatitis A outbreak linked to tainted scallops at Genki Sushi eateries.” https://www.hawaiinewsnow.com/story/32766495/all-oahu-kauai-genki-sushi-restaurants-shut-down-amid-hepatitis-a-outbreak/
21. [21] Marler Clark, “Retained in Hepatitis A cases linked to Fresh Thyme / Woodman’s blackberries.” https://marlerclark.com/marler-clark-retained-in-nebraska-hepatitis-a-case-linked-to-fresh-thyme-farmers-market-blackberries
22. [22] Marler Clark, “2022 Hepatitis A outbreak — Strawberries sicken 27 in Canada and United States.” https://marlerclark.com/hepatitis-a-outbreak-strawberries-sicken-27-in-canada-and-united-states
23. [23] Marler Clark, “2023 Washington and California Hepatitis A Outbreak linked to Imported Strawberries.” https://marlerclark.com/washington-hepatitis-a-outbreak-linked-to-imported-strawberries
24. [24] Marler Clark, “Famous Anthony’s Hepatitis A case moves towards justice.” https://marlerclark.com/news_events/famous-anthonys-hepatitis-a-case-moves-towards-justice
25. [25] Roanoke.com, “‘Tentative settlement’ reached in hepatitis lawsuit involving Roanoke restaurant chain.” https://roanoke.com/news/local/crime-courts/whatever-happened-to-tentative-settlement-reached-in-hepatitis-lawsuit-involving-roanoke-restaurant-chain/article_acbc1b56-8178-11ed-8974-d7c436995474.html
26. [26] Marler Clark, “Famous Anthony’s Hepatitis A Outbreak; 52 sick, 36 hospitalized and 4 deaths.” https://marlerclark.com/hepatitis-a-outbreak-linked-to-roanoke-famous-anthonys-restaurants
27. [27] Food Poison Journal, “Famous Anthony’s Hepatitis A Outbreak — by the numbers.” https://www.foodpoisonjournal.com/food-poisoning-information/famous-anthonys-hepatitis-a-outbreak-by-the-numbers-52-sick-31-hospitalized-and-2-deaths/
28. [28] WFXR, “Fourth person dies after 2021 hepatitis A outbreak tied to Famous Anthony’s in Roanoke.” https://www.wfxrtv.com/news/local-news/roanoke-valley-news/fourth-person-dies-after-2021-hepatitis-a-outbreak-tied-to-famous-anthonys-in-roanoke-attorney-says/
29. [29] Marler Clark, “Outbreaks of Hepatitis A” (firm outbreak index). https://marlerclark.com/foodborne-illnesses/hepatitis-a/hepatitis-outbreaks
30. [30] CDC, “Viral Hepatitis Outbreak Investigations” (44,900+ person-to-person cases, 2016–2023). https://www.cdc.gov/hepatitis/outbreaks/index.html
31. [31] Marler Blog, “US Hepatitis A Outbreaks have sickened 44,947, hospitalized 27,469 and killed 424.” https://www.marlerblog.com/case-news/us-hepatitis-a-outbreaks-have-sickened-44947-hospitalized-27469-and-killed-424-all-preventable-by-a-vaccine/