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Friday September 3, 2010

Legal Briefs

Nestle Producing New Batches of Toll House Cookie Dough, Earlier Recall Continues

Nestle USA, the maker of Toll House brands of premade, refrigerated cookie dough products, is once again cranking out new batches of the foods which were blamed for sickening 76 people in 31 states with a strain of E. coli bacteria.

A thorough inspection and cleaning of the Virginia plant where the tainted cookie dough was made has concluded and the Food and Drug Administration has given the company the go-ahead to resume production, officials said today.

‘New Batch’ Added to Labeling

However, the earlier recall announced on June 19 for all brands of premade Toll House cookie dough sold in tubs, tubes, and other containers remains in full effect, the FDA warns. Consumers are still cautioned not to eat Toll House dough not bearing a shield on the product labeling stating “New Batch.”

Only Toll House dough products stamped “New Batch” are deemed safe and not included in the ongoing recall, officials said.

Tests of samples pulled from unopened packages of Toll House cookie dough produced in earlier batches at the Nestle plant in Virginia confirmed the presence of E. coli, the FDA said.

Food-safety officials also are reminding consumers about the risk of eating raw dough for cookies and other baked goods. Doing so can expose the person eating the dough to a potential for contamination with salmonella, E. coli, or other food-borne bacteria carried by uncooked eggs and other ingredients.

Lawsuits Filed Over Contamination

Several consumers filed lawsuits against Nestle, claiming they fell ill with E. coli bacteria food poisoning after consuming raw Toll House cookie dough. Some consumers said they developed hemolytic uremic syndrome, a condition which can lead to serious kidney damage and death.

Contamination with E. coli O157:H7, the strain of the bacteria linked to the Toll House outbreak, causes stomach cramping, vomiting, and diarrhea, often with bloody stools, the FDA said. While most healthy people infected recover within a few days without requiring medical treatment, the contamination can cause serious illness or death in people of any age. However, the elderly or frail, young children, and people with suppressed immune systems are most at risk of severe complications.

Safety Guidelines Issued

The FDA also issued the following safe food-handling practices:

• Do not eat any raw cookie dough or any raw food product that’s supposed to be cooked or baked.

• Follow package directions for cooking at proper temperatures and for specified times.

• Wash hands, work surfaces, and utensils thoroughly after contact with raw products.

• Keep raw foods separate from other foods while preparing them to prevent any contamination that might be present from spreading.

• Chill products promptly after purchase and after using them, if they require refrigeration.

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