RAW FARM lifts recall of unpasteurized cheese despite ongoing E. coli

The FDA and CDC continue to investigate a multistate outbreak of E. coli. coli O157:H7 linked to unpasteurized raw milk cheese from RAW FARM LLC, formerly known as Organic Pasteurs.

As this investigation continues, the Food and Drug Administration and the Centers for Disease Control and Prevention continue to recommend that people not eat, sell or serve RAW FARM brand raw Cheddar cheese manufactured by RAW FARM, LLC, of ​​Fresno , in California. It is against federal law to sell unpasteurized milk interstate, but this ban does not apply to cheese.

State and local public health officials have asked outbreak patients about the foods they ate in the week before they became ill. Seven of nine patients surveyed so far reported eating RAW FARM brand raw Cheddar cheese, continuing to point to cheese as the likely source of this outbreak, according to a Feb. 28 outbreak update of the FDA.

As of February 28, 11 confirmed patients have been reported in five states: California with 4, Colorado with 3, New Jersey with 1, Texas with 1 and Utah with 2.

Whole genome sequencing analysis of E. coli from sick people shows that those involved in this outbreak likely share a common source of infection. Five patients were hospitalized. Two of them developed hemolytic uremic syndrome (HUS), a serious illness that can lead to kidney failure. No deaths have been reported.

Health officials in Colorado, California and Utah have collected various RAW FARM brand products for testing, including raw milk, butter, cheddar and kefir. So far, no product samples have detected E. coli. Although E. coli was not found in product samples, epidemiological evidence shows that RAW FARM brand raw Cheddar cheese manufactured by RAW FARM LLC is the likely source of this outbreak. Additional testing is underway.

In response to this investigation, on February 16, RAW FARM LLC initiated a recall of batches of RAW FARM brand raw Cheddar cheese currently in storage. On February 26, the company withdrew its recall even though epidemiological evidence showed the cheese was likely the cause of the outbreak.

Previous outbreaks and recalls related to unpasteurized dairy products sold by RAW FARM, formerly known as Organic Pasteurs, include:

RAW FARM LLC, recalls and outbreaks
May 2023 Campylobacter raw milk recall
Salmonella Cheese Recall August 2023
Salmonella outbreak in raw milk in October 2023
San Diego County: 12 diseases
Orange County: 7 diseases

Organic Pastures Dairy Company Recalls and Outbreaks:
September 2006 E.coli outbreak in raw milk: 6 patients/2 SHU
September 2007 raw cream listeria recall
December 2007 Campylobacter outbreak in raw milk: 8 patients
Campylobacter recall from raw cream from September 2008
November 2011 E.coli outbreak in raw milk: 5 patients/3 SHU
May 2012 Campylobacter outbreak in raw milk and cream: 10 patients, illnesses reported from January to April
Campylobacter raw milk recall from October 2015
January 2016 E.coli outbreak in raw milk: 9 patients/2 SHU

Legal action linked to Organic Pastors

Last summer, U.S. District Judge Jennifer L. Thurston for Eastern California signed a consent decree agreed to by U.S. and Organic Pastures attorneys and owner Mark McAfee.

This is a continuation of 15-year-old Eastern District Court jurisdiction over a civil case involving the issue of RAW FARM LLC, the new legal name for Organic Pasture.

In March 2023, the U.S. Department of Justice raised possible civil contempt allegations against RAW FARM, Mark McAfee, and Arron McAfee. An evidentiary hearing on this matter was set for August 9, 2023, but was canceled by the consent decree.

This means the court’s jurisdiction continues over the dairy farm and its owners, and an April 2010 order remains in effect for all directors, officers, agents, representatives, attorneys and others involved.

RAW FARM defendants, after 60 months, can apply to the Food and Drug Administration (FDA) for an “exemption from this executive order.” In the meantime, they must “comply with FDA decisions.”

Under the agreement, the FDA gains the authority to inspect without notice. The decree specifies specific auditing and labeling requirements that must be respected. This includes hiring an independent “labeling expert.”

The Justice Department reopened 2008 litigation in March 2023, claiming that Organic Pastures, now known as RAW FARM LLC, violated a permanent injunction from April 2010, which imposed restrictions on distribution in commerce interstate of unapproved drugs, mislabeled foods, raw milk and raw milk. dairy products intended for human consumption.

Organic Pastures’ production and sale of raw milk in California, where it is legal, was not affected by the April 2010 order. The dairy operation is estimated to have 60,000 raw milk retail customers in the Golden State.

In reopening the case, the DOJ said that raw cheese claiming to cure, alleviate, treat or prevent human diseases, including heart disease, osteoporosis and viral infections, violates the April 2010 order.

The Court previously agreed with the DOJ that RAW FARM and the McAfee Parties violated the Permanent Injunction Order issued on April 20, 2010. Before further testimony was taken, Defendants agreed to the Consent Decree.

The government also disputes RAW FARM’s claim that its raw milk, labeled as “pet food,” is safe for human consumption.

“Organic Pastures and its principals, Mark and Aaron McAfee, thus continued their pattern of distributing their products in interstate commerce with unproven claims about the ‘wonders’ of raw milk and its associated products,” the DOJ petition states. .

In this March 2023 petition, the government sought to convict RAW FARM/Organic Pastures and McAfee of contempt through contempt sanctions.

While the 2008 civil case was ongoing, Organic Pastures 15 years ago also faced similar charges in a criminal action involving similar conduct. The criminal case concluded with a plea agreement settlement on December 22, 2008, and was approved by Magistrate Judge Sandra M. Snyder on January 9, 2009.

Under the plea agreement, Organic Pastures pleaded guilty to two misdemeanor counts of introduction and delivery for introduction into interstate commerce of misbranded food. McAfee entered into a deferred prosecution agreement whereby it agreed to the filing of a double information accusing it and Organic Pastures of the same violations.

In these agreements, both defendants admitted that: (1) on two separate occasions, “one or more of Defendant Organic Pastures’ agents or employees, with the knowledge and consent of Organic Pastures, caused (a) a box of raw milk and dairy products, labeled or otherwise represented as “pet food,” to be sent by Defendant Organic Pastures” in interstate commerce, “knowing that the intended use of such food and/or or food supplements was intended for human consumption; and (2) Organic Pastures’ raw milk and raw milk products “were foods and/or dietary supplements, and were mislabeled when so introduced or delivered for introduction into interstate commerce, in this sense that they were falsely and misleadingly labeled as, or otherwise represented. .

In the April 2010 order, Organic Pastures and McAfee admitted to violating the federal Food Safety Act by introducing and/or distributing raw milk into interstate commerce in 2007. They also admitted to violating the provision of the FDA on “unapproved crude drugs”. They opposed the ordinance as inconsistent with California state regulations on the raw milk industry.

Staff writer Dan Flynn contributed to this article.

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