OBSERVATION 1 The workmanship of equipment does not allow proper cleaning. Specifically, inside the “Toll House” brand cookie dough preparation room, dry ingredients are placed inside hoppers. The dry ingredients are gravity fed to blending mixers through gate valves that are installed on the hoppers. As a result of this investigation, the firm disassembled all gate valves from all hoppers on production lines 8, 10, 11, and 12. The gate valves appear to have food contact surfaces that are not easily cleanable as evidenced by rough, pitted and discolored cast metal alloy.

OBSERVATION 2 Lack of appropriate design to enable manufacturing systems to be maintained in an appropriate sanitary condition. Specifically, as “Toll House” brand cookie dough was mixed on 6-18-09, ice build-up surrounded pipes that transport a processing aid to mixers on production lines 8, 10, 11, and 12. On line 8, condensate from the ice dripped onto a metal rake that personnel then used to scrape cookie dough from the mixer into a dough trough for transport to the filling line.
Every E. coli outbreak is a product of unsanitary conditions.  If the equipment used to make the recalled Nestle cookie dough could not “be maintained in an appropriate sanitary condition,” it is not surprising that a dangerous foodborne pathogen, E. coli, contaminated some cookie dough.

If you have been sickened with an E. coli infection in the Nestle outbreak, please contact our law firm about a Nestle lawsuit:
•    1-888-377-8900 (toll free)
•    Free consultation form.

According to a Nestle news release:

Nestlé USA’s Baking Division was informed today by the Food and Drug Administration (FDA) that it has found and confirmed evidence of E. coli 0157:H7 in a retained production sample of 16.5 oz. Nestlé Toll House refrigerated chocolate chip cookie dough bar. The product has a day code of 9041 and a “Best before 10 JUN 2009” notation.

Our law firm has received a number of contacts from people who became ill after consuming raw cookie dough.  Many of these people have leftover cookie dough in their refrigerators, and it is possible that some of the leftover cookie dough will test positive for the outbreak strain of E. coli O157:H7.

We are providing information on testing leftover Nestle Toll House cookie dough for E. coli.

IF YOU THINK YOU ARE PART OF THIS OUTBREAK:
PLEASE CONTACT OUR LAW FIRM FOR INFORMATION ON TESTING LEFTOVER NESTLE TOLL HOUSE COOKIE DOUGH FOR E. COLI.

That demographic breakdown comes from the Centers for Disease Control and Prevention (CDC), which provided its first public update today on the outbreak that has sickened at least 66 people. The CDC said the age of patients in the outbreak ranges from 2 to 57. Seventy percent are less than 19 years old and 75 percent of patients are female.

As more details of the outbreak unfold, Pritzker Olsen Attorneys will continue to provide updates. We are representing E. coli victims nationwide. To contact an E. coli attorney at the firm, call 1-888-377-8900 (Toll Free), or complete one of our free case consultation forms online.

The latest CDC report said that Nestle Toll House brand refrigerated cookie dough was identified as the potential source of the outbreak because “most” patients told investigators that they had eaten the product uncooked prior to getting sick. The CDC said raw cookie dough had not previously been associated with an outbreak of E. coli O157:H7 and investigators from many health agencies are still digging to confirm the cause through molecular subtyping.

The confirmed illnesses date back to March 1 and the states with the most confirmed cases are Minnesota (6), Colorado (5), Illinois (5), Washington (5), Ohio (4), Texas (3) and Maine (3).

The complete state-by-state list — provided by the CDC — goes as follows:  Arkansas (1), Arizona (2), California (2), Colorado (5), Delaware (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (1), Massachusetts (4), Maryland (2), Maine (3), Minnesota (6), Missouri (2), Montana (1), North Carolina (1), New Hampshire (2), New Jersey (1), Nevada (2), Ohio (4), Oklahoma (1), Oregon (1), Pennsylvania (2), South Carolina (1), Texas (3), Utah (2), Virginia (2), Washington (5), and Wisconsin (1).

As the U.S. Food and Drug Administration had reported earlier, 25 patients have been hospitalized as part of the outbreak and seven have developed hemolytic uremic syndrome (HUS), a type of kidney failure that is the leading cause of E. coli deaths. So far in the outbreak, no deaths have been reported.

The declaration of an E. coli O157:H7 outbreak associated with Nestle cookie dough coincided with a massive Nestle cookie dough recall of all types and flavors of the refrigerated, pre-mixed Toll House brand. Cookie Bar Dough, Cookie Dough Tub; Cookie Dough Tube; Limited Edition Cookie Dough items; Seasonal Cookie Dough and Ultimates Cookie Bar Dough. Nestle has published a complete list of package varieties.

The CDC and FDA have warned consumers not to eat or cook with the recalled products. If you or someone you know recently ate raw Nestle cookie dough and have felt sick, see a physician and make sure E. coli test results are reported to your state health department.

We also recommend contacting an E. coli attorney at Pritzker Olsen to protect your legal rights and seek compensation for your losses. Over the years, the firm has collected tens of millions of dollars for victims of food poisoning. It is one of the few law firms in the country that practices extensively in the area of foodborne illness litigation and it is currently deeply involved in wrongful death litigation over the 2008-2009 Salmonella outbreak caused by Peanut Corp. of America that killed nine people and sickened more than 700.

Pritzker Olsen also has been active as an advocate for change in the U.S. food safety system, including calling for increases in the quality and quantity of plant inspections. Newspaper reports quoted Nestle officials as saying the company has stopped operating a plant in Virginia that made the cookie dough.

As we field questions from people throughout the United States regarding this outbreak and a Nestle lawsuit, additional information about the Nestle cookie dough E. coli outbreak is becoming available.

CONTACT OUR ATTORNEYS.  WE ARE REPRESENTING E. COLI VICTIMS NATIONWIDE.

Washington State health officials are now reporting that 5 of the 66 people confirmed sickened in the Nestle cookie dough E. coli outbreak were from Washington.  Two of the five required hospitalization.  The people sickened were from the following counties:

1)  May 6, Grays Harbor County woman
2)  May 12, Thurston County teenage girl, hospitalized
3)  May 15, Pierce County girl
4)  May 20, King County boy
5) May 21, King County girl, hospitalized.

Colorado has reported that 5 of the 66 people sickened in the Nestle cookie dough E. coli outbreak were from Colorado. According to the Colorado Department of Public Health and Environment:

Five cases have been reported in Colorado in the following counties: Denver, Douglas (2), Jefferson and Weld. Two of the people have been hospitalized, and one has developed a severe complication called hemolytic uremic syndrome (HUS). Of the four people interviewed so far by the state health department, all had consumed the raw cookie dough during the week before they became ill.

The Minnesota Department of Health reports 6 people in Minnesota sickened in the outbreak:

State health officials are investigating six cases of E. coli O157:H7 infection in Minnesota residents associated with eating a popular brand of raw, commercially packaged cookie dough.

Routine monitoring by the Minnesota Department of Health (MDH) found that the cases of illness were all caused by E. coli O157:H7 with the same DNA fingerprint. The individuals became ill between May 3 and June 11. All six reported eating raw cookie dough of the Nestle’s Toll House brand.

The cases range in age from 2 to 18 years of age; five (83 percent) are female. One was hospitalized. All have recovered.

Minnesota’s cases are linked by the same DNA fingerprint to cases of E. coli infection in at least 66 people in 28 states. In addition, according to the Centers for Disease Control and Prevention (CDC), the vast majority of the people interviewed reported eating raw cookie dough of the same brand.

The U.S. Food and Drug Administration and Centers for Disease Control and Prevention are warning consumers not to eat or use Nestle cookie dough products because of the risk that they are contaminated with E. coli O157:H7.

The announcement today coincided with a Nestle recall of its Toll House brand of refrigerated cookie dough – all varieties. A number of people sickened with the outbreak strain of E. coli reported eating raw Nestle cookie dough before they became ill.

Since March 2009, 66 cases have been confirmed in 28 states. The FDA and CDC said 25 victims were hospitalized, including seven who suffered severe complications of hemolytic uremic syndrome (HUS), which can lead to kidney failure.  As of this morning, no deaths had been reported.

The warning from federal health authorities included the advice for people not to use the dough for cooking. That’s because handling the uncooked product could possibly lead to an E. coli infection. The recall is effective immediately and it includes ALL varieties of Nestle Toll House refrigerated Cookie Bar Dough, Cookie Dough Tub; Cookie Dough Tube; Limited Edition Cookie Dough items; Seasonal Cookie Dough and Ultimates Cookie Bar Dough. Nestle has published a complete list of every package subject to the recall.

National food safety law firm Pritzker Olsen Attorneys is accepting cases from all states, including Minnesota, Colorado, Washington, Illinois, Iowa, North Dakota South Dakota, Nebraska, Ohio, Texas, California, New York, Florida, Indiana, Idaho, Wisconsin, Michigan, Maine, Vermont, North Carolina, South Carolina, Tennessee, Georgia, Missouri, Arkansas, Oklahoma, Virginia and West Virginia.

The firm has started its own investigation and is compiling Toll House lawsuit information. Pritzker Olsen has already been in touch with potential victims of the outbreak and currently represents E. coli O157:H7 clients from past outbreaks. The firm is one of the few in the nation that practices extensively in the area of foodborne illness litigation. It has collected millions for victims of food poisoning and has been a long-time advocate for reform in the American food safety system.

If you believe you or a loved one has contracted E. coli O157:H7 from eating Nestle cookie dough, E. coli lawyers at Pritzker Olsen are ready to assist you. There is no charge for consulting with our firm. If we agree to represent you, we are paid a percentage of the money we collect for you. If there is no recovery, you owe us nothing.

Please contact us toll-free at 1-888-377-8900 or write to our attorneys online for a free consultation.

Pritzker Olsen has a reputation for taking extreme care with food poisoning victims and it has considerable expertise and resources to handle cases where individuals have received complicated and expensive medical treatment for severe illnesses.

References:

1. 5 Suspected Cookie E. coli Cases in Washington, Associated Press, June 19, 2009.
2. http://www.cdphe.state.co.us/release/2009/061809.html
3. http://www.health.state.mn.us/news/pressrel/2009/ecoli061909.html

Consumers who have purchased these products should not consume them. And if you or someone you know has become ill after eating these cookie dough products, contact a Nestle recall E. coli lawyer at Pritzker Olsen Attorneys.  A Toll House recall lawyer is ready to assist you at 1-888-377-8900 (Toll Free). Or write to us online using our free case consultation form. Pritzker Olsen is a national food safety law firm involved in practically every major outbreak of foodborne illness and the firm is accepting cases from all states, including Colorado, Minnesota, Iowa, Nebraska, Illinois, Ohio, Wisconsin, North Dakota, South Dakota, Illinois, Idaho, Oregon, Washington, California, New York, Arkansas, Maine, Pennsylvania, Tennessee, North Carolina, South Carolina, Georgia, Florida and Texas.

Pritzker Olsen has recovered tens of millions of dollars for victims of food poisoning and it is currently representing victims of E. coli O157:H7 and hemolytic uremic syndrome (HUS). The firm has begun its own investigation of the Toll House recall and it believes more information about the outbreak will be forthcoming.

The FDA, CDC and state health departments, including Colorado Department of Public Health and Environment (the first to issue a warning), are warning consumers last night not to eat raw Toll House cookie dough because of the possibility that is contaminated with E. coli O157:H7, a potentially deadly bacterium that is especially harmful to young children, the elderly and people with weakened immune systems. The Centers for Disease Control and Prevention, the U.S. Food and Drug Administration (FDA) and state health departments continue to investigate this outbreak. Health officials have reported that at least 66 illnesses in 28 states have been matched as part of the same E. coli strain and that interviews with victims indicated that many had eaten raw Nestle cookie dough. The company said that no other Nestle Toll House products are impacted, including already baked cookies purchased outside the home, all varieties of Nestle Toll House morsels, chocolate baking bars, or cocoa, and Dreyer’s and Edy’s ice cream products with Nestle cookie dough ingredients

The complete Nestle recall information is included in the list below:

Consumer
Description                         Unit Code (UPC)
Nestle Toll House Cookie & Brownie Dough
COOKIE & BROWNIE DOUGH BAR
Chocolate Chip bar 16.5oz                                 0 50000 62231 3
Chocolate Chip bar 16.5oz                                 0 50000 11308 8
Chocolate Chunk bar 16.5oz                                0 50000 62235 1
Walnut Chocolate Chip bar 16.5oz                          0 50000 62233 7
Jumbo Chocolate Chip bar 16.5oz                           0 50000 62237 5
Oatmeal Raisin bar 16.5oz                                 0 50000 06219 5
Sugar Cookies bar 16.5oz                                  0 50000 62244 3
Sugar Cookies bar 16.5oz                                  0 50000 12178 6
Mini Chocolate Chip bar 16.5oz                            0 50000 62242 9
Mini Chocolate Chip bar 16.5oz                            0 50000 12188 5
Mini Brownie Bites bar 16oz                               0 50000 62227 6
Fudgy Brownie With Peanut Butter Filling 19oz             0 50000 00820 9

COOKIE DOUGH TUB
Chocolate Chip tub 40oz                                   0 50000 62246 7
Chocolate Chip tub 80oz (5 lb)                            0 50000 00934 3
Sugar tub 40oz.                                           0 50000 62253 5
Gingerbread tub 40oz                                      0 50000 44060 3
Peanut Butter tub 40oz                                    0 50000 44062 7

TUBE (CHUB) DOUGH
Chocolate Chip tube 16.5oz                                0 50000 62239 9
Chocolate Chip tube 32oz                                  0 50000 00400 3

ULTIMATES COOKIE BAR DOUGH
Ultimates Peanut Butter Cups, Chips & Chocolate
Chunks bar 16oz                                          0 50000 00922 0
Ultimates White Chip Macadamia Nut bar 16oz               0 50000 00923 7
Ultimates Chocolate Chip & Chunks with Pecans bar 16oz    0 50000 00925 1
Ultimates Chocolate Chip Lovers 16oz                      0 50000 00926 8
Ultimates Turtles bar 16oz                                0 50000 00928 2
Ultimates Peanut Butter Lovers bar 16oz                   0 50000 00507 9
Ultimates Chocolate Chip with Caramel Filling bar 16oz    0 50000 44066 5
Ultimates Chocolate Chip with Chocolate Filling bar 16oz  0 50000 44069 6

SEASONAL COOKIE & BROWNIE DOUGH
Valentine Hearts Sugar Cookie Shapes 15.5oz               0 50000 12009 3
Valentine Swirled Chocolate Chip bar 16oz                 0 50000 00931 2
Fudgy Brownies With Raspberry Filling 19oz                0 50000 20090 0
Easter Eggs Sugar Cookie Shapes 15.5oz                    0 50000 52009 1
Easter Swirled Chocolate Chip bar 16oz                    0 50000 00932 9
Easter Swirled Mini Brownie Bites bar 18 oz               0 50000 20093 1
Red, White & Blue Swirled Choc Chip bar 16oz              0 50000 00937 4
Halloween Pumpkin Pals Sugar Cookies 13.5oz               0 50000 06217 1
Halloween Swirled Chocolate Chip bar 16oz                 0 50000 00929 9
Halloween Swirled Fudgy Brownies bar 18oz                 0 50000 00088 3
Christmas Shapes Sugar Cookies 15.5oz                     0 50000 00505 5
Christmas Swirled Chocolate Chip bar 16oz                 0 50000 00930 5
Christmas Swirled Fudgy Brownies bar 18oz                 0 50000 00089 0
Limited Edition Mint Swirled Chocolate Chip 16oz          0 50000 00827 8

Discontinued Varieties
Valentine Hearts Sugar Cookies 13.5oz                     0 50000 44056 6
Easter Brownie Bar 18oz                                   0 50000 00518 5
Easter Bunnies Sugar Cookies 13.5oz                       0 50000 44058 0
Halloween Sugar Shapes 15.5oz                             0 50000 00829 2
Christmas Sugar Cookie Tube 16oz                          0 50000 00448 5
Oatmeal Cranberry Cookie Tub 48 oz.                       0 50000 62229 0