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

CDC and FSIS give consumers little information on what deli-sliced meats and cheeses to avoid. The CDC and several states are investigating a multistate outbreak of Listeria infections linked to deli-sliced meats and cheeses. The U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) and the U.S. Food and Drug Administration (FDA) are monitoring the outbreak. As of April 15, 2019, 8 people infected with the outbreak strain of Listeria monocytogenes have been reported from 4 states.…
CDC, public health and regulatory officials in multiple states, and the U.S. Food and Drug Administration (FDA) investigated a multistate outbreak of Cyclospora cayetanensis infections. As of September 11, 2018, CDC was notified of 511 laboratory-confirmed cases of Cyclospora infections in people from 15 states and New York City who reported consuming a variety of salads from McDonald’s restaurants in the Midwest. Twenty-four (24) people were hospitalized. No deaths were reported. Epidemiologic and traceback evidence…
The Northwest Health District’s ongoing investigation and surveillance indicate that there is a need to extend the risk period of hepatitis transmission to March 29, 2019. The Georgia Department of Public Health Northwest Health District officials have confirmed a case of hepatitis A in a food handler at McDonald’s, 106 LaFayette Road, Chickamauga, GA. An investigation found that this employee worked at the restaurant while infectious, from March 4 through March 17. While it is…
Hometown Food Company announced a voluntary recall on two specific lot codes of Pillsbury Unbleached All Purpose Flour because it may be contaminated with Salmonella. Roughly 12,185 cases of impacted Pillsbury Unbleached All Purpose Flour product were distributed through a limited number of retailers and distributors nationwide. No other Pillsbury products are impacted by this limited, voluntary recall and are safe to consume. Consumers who have purchased these products are urged not to consume them.…
Southern Specialties Inc. of Pompano Beach, Florida is voluntarily recalling select bags of Marketside brand green beans and butternut squash because they have the potential to be contaminated with Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause…
According to health authorities in Australia, there has been a confirmed case of listeriosis which has been resulted in a death, may be linked to the consumption of foods supplied to an eastern suburbs private hospital. A Dandenong South commercial caterer, I Cook Foods,has been ordered to suspend production while the source of infection is being investigated. Testing on samples of some food produced by the premise has returned positive results of Listeria monocytogenes. The…
Hy-Vee, Inc. is voluntarily recalling its cheesecakes made with Diamond Crystal Brands cheesecake mix due to the potential that they may be contaminated with Salmonella. The potential for contamination was brought to Hy-Vee’s attention today after receiving a letter from the supplier. The voluntary recall includes 32 varieties of cheesecakes in both 8-ounce and 32-ounce packages with best if used by dates of Dec. 6, 2018, through Jan. 11, 2019. No illnesses have been reported…
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…