The story he tells below hits home because my nephew was one of the very young e coli victims, getting seriously ill after drinking Odwalla juice.
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You keep telling me that you have all these crazy stories—all these things I wouldn’t believe. Can you share one of them?
I actually have the perfect one, which I told at a recent conference, and really floored people.
Do you know the juice Odwalla? Well, the juice is made by a company in California, which has made all sorts of other juices, many of which have been unpasteurized, because it’s more natural. Anyway, they were kind of like Chipotle, in the sense that they had this aura of good and earthy and healthful. And they were growing very quickly. And they had an outbreak. It killed a kid in Colorado, and sickened dozens of others very seriously, and the company was very nearly brought to its knees. [The outbreak, which was linked to apple juice produced by Odwalla, happened twenty years ago].
If you look at how they handled the PR stuff, most PR people would say well, they handled it great. They took responsibility, they were upfront and honest about it, etc etc. What’s interesting though is that behind the scenes, on the legal side of the equation, I had gotten a phone call, which by itself isn’t uncommon. In these high profile cases, people tend to call me—former employees, former government officials, family members of people who have fallen ill, or unknown people giving me tips. But this one was different. It was a Saturday—I remember it well—and someone left me a voicemail telling me to make sure I get the U.S. Army documents regarding Odwalla. I was like 'what the heck, what the heck are they talking about?' So I decided to follow up on it, and reached out to the Army and got something like 100 pages of documents. Well, it turned out that the Army had been solicited to put Odwalla juice on Army PX’s, which sell goods, and, because of that, the Army had gone to do an inspection of a plant, looked around and wrote out a report. And heres what’s nuts: it had concluded that Odwalla’s juice was not fit for human consumption.
Wow.
It’s crazy, right? The Army had decided that Odwalla’s juice wasn’t fit for human consumption, and Odwalla knew this, and yet kept selling it anyway. When I got that document, it was pretty incredible. But then after the outbreak, we got to look at Odwalla’s documents, which included emails, and there were discussions amongst people at the company, months before the outbreak, about whether they should do end product testing—which is finished product testing—to see whether they had pathogens in their product, and the decision was made to not test, because if they tested there would be a body of data. One of my favorite emails said something like “once you create a body of data, it’s subpoenable.”
So, basically, they decided to protect themselves instead of their consumers?
Yes, essentially. Look, there are a lot of sad stories in my line of work. I’ve been in ICUs, where parents have had to pull the plug on their child. Someone commented on my article about the six things I don’t eat, saying that I must be some kind of freak, but when you see a child die from eating an undercooked hamburger, it does change your view of hamburgers. It just does. I am a lawyer, but I’m also a human.
That Odwalla story is one of the crazier stories I can think of, but there are many others, and there would be many fewer if the way we handled food safety here made more sense.
https://www.washingtonpost.com/news/wonk/wp/2016/02/02/why-a-top-food-safety-expert-doesnt-eat-oysters-and-always-orders-meat-well-done/?wpisrc=nl_rainbow
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