Drew Falkenstein

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Drew Falkenstein joined Marler Clark in January, 2004 and has concentrated his practice in representing victims of foodborne illness. He has litigated nationwide against some of the biggest food corporations in the world, including Dole, Kellogg's, and McDonald's.  He has worked on landmark cases that have helped shape food safety policy, HACCP protocol, and consumer rights, such as the E. coli outbreak in fresh spinach in 2006 and the 2008 Peanut Corporation of America outbreak of Salmonella. A frequent speaker for the not-for-profit organization Outbreak, Inc, Mr. Falkenstein travels the country to address public and environmental health organizations as well as food safety meetings and annual educational conferences.  He speaks on the intersection of law and public health, and addresses companies on how to prevent food borne illness outbreaks.

Latest Articles

The number of confirmed cases of Salmonella related to the Chincoteague Chili Chowder Cook-Off has increased to 180. The Virginia Division of Consolidated Laboratory has identified Salmonella javiana in a sample of Crab Shack Clam Chowder obtained from an attendee of the Chincoteague Chili Chowder Cook Off. The DCLS says the finding is consistent with the exposure results of the online attendee survey. Approximately 500 survey responses, from both ill and non-ill attendees, were recorded…
The CDC, public health and regulatory officials in several states, Canada, and the FDA are investigating a multistate outbreak of Shiga toxin-producing Escherichia coli O157:H7 (E. coli O157:H7) infections. Public health investigators are using the PulseNet system to identify illnesses that may be part of this outbreak. PulseNet is the national subtyping network of public health and food regulatory agency laboratories coordinated by CDC. DNA fingerprinting is performed on E. coli bacteria isolated from ill…
Routine samples of the Green Cedar Ackawi cheese collected and tested by the U.S. Food and Drug Administration and the Michigan Department of Agriculture and Rural Development tested positive for the presence of Listeria monocytogenes. The following product has been recalled: Green Cedar Ackawi cheese in small clear plastic shrink wrapped packaging (see images below) bearing a “sell by” date of March 26, 2019 or later. The “sell by” date is on a white sticker…
Ninety-two people infected with the outbreak strain of Salmonella Infantis have been reported from 29 states. Twenty-one people have been hospitalized, and no deaths have been reported. Epidemiologic and laboratory evidence indicates that many types of raw chicken products from a variety of sources are contaminated with Salmonella Infantis and are making people sick. In interviews, ill people report eating different types and brands of chicken products purchased from many different locations. The outbreak strain has been identified in samples…
Hy-Vee, Inc., based in West Des Moines, Iowa, is voluntarily recalling six of its meat and potato products across its eight-state region due to possible contamination with Salmonella and Listeria monocytogenes. The potential for contamination was discovered after Hy-Vee’s supplier, McCain Foods, announced it was recalling its caramelized mushrooms and fire-roasted tomatoes, which are ingredients that are used in six Hy-Vee products. To date, no illnesses have been reported in connection with these products. Salmonella…
Malone’s Fine Sausage Inc., a Milwaukee, Wis. establishment, is recalling approximately 26,323 pounds of ready-to-eat pork head cheese product that may be adulterated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The ready-to-eat pork head cheese items were produced on various dates from Aug. 27, 2018 through Oct. 5, 2018. The following products are subject to recall: Various weights of vacuum-sealed packages containing “Glorious Malone’s Fine Sausage,…
Summary Public Health is investigating an outbreak of salmonellosis associated with food prepared in the service deli at the Costco Wholesale Warehouse in Issaquah. The service deli prepares and sells ready-to-eat foods, including rotisserie chicken, pork ribs, sandwiches, wraps, macaroni and cheese, poke, cilantro lime shrimp, and shrimp cocktail. At this time, the source of the illnesses has not been identified. Everyone who reported illness has recovered. Illnesses Since August 28, 2017, we have learned…
Today the CDC reported that it, public health and regulatory officials in several states, and the U.S. Food and Drug Administration (FDA) are investigating a multistate outbreak of Salmonella Enteritidis infections. As of September 7, 2018, 14 people infected with the outbreak strain of Salmonella Enteritidis have been reported from Alabama and Tennessee. Illnesses started on dates ranging from July 10, 2018 to August 7, 2018 Ill people range in age from 1 year to 94, with a median age of…
According to the Coloradoan, La Luz Mexican Grill was cleared to reopen Thursday in Old Town Fort Collins. The 200 Walnut St. restaurant had voluntarily closed on Aug. 21 after a Salmonella outbreak at the establishment was confirmed. As of Thursday morning, Larimer County Health Department had confirmed 29 illnesses related to the case, including several people who were hospitalized. At least one lawsuit has been filed against La Luz related to the outbreak. The exact…
CDC, public health and regulatory officials in several states, and the U.S. Food and Drug Administration are investigating a multistate outbreak of Cyclospora infections. At this time, there is no evidence to suggest that this cluster of illnesses is related to the  Cyclosporaoutbreak linked to Del Monte fresh produce vegetable trays. As of August 23, 2018 (12pm EDT), a total of 507 laboratory-confirmed cases of Cyclospora infection were reported in people who consumed salads from McDonald’s restaurants; the cases…