The Uncomfortable Truths of Food Safety: A Veteran’s Perspective
Food safety is one of those topics that most people don’t think about—until it’s too late. Personally, I think that’s part of the problem. We’ve grown complacent, assuming that the food on our plates is safe, when in reality, the system is riddled with vulnerabilities. Having spent decades on the front lines of food safety litigation, I’ve seen the same patterns repeat themselves, and it’s time to call them out.
The Low-Hanging Fruit We Keep Missing
One thing that immediately stands out is how often companies prioritize profit over safety. If you take a step back and think about it, the solution to many foodborne illness outbreaks is shockingly simple: test your product, and if it’s contaminated, don’t ship it. Sounds obvious, right? Yet, time and again, companies choose to move product rather than halt production. What this really suggests is that the culture of accountability starts—and often fails—at the top. C-suite executives need to reframe their mindset: holding back a contaminated batch isn’t a failure; it’s a victory for public health.
What many people don’t realize is that whole genome sequencing has made it nearly impossible to hide contamination. We can now trace illnesses back to specific lots in specific plants. So, the question isn’t whether we can prevent outbreaks—it’s whether we will. The technical solutions exist; what’s missing is the moral courage to implement them.
Transparency: The Cheapest Insurance Policy
Here’s a detail that I find especially interesting: companies that respond transparently to outbreaks often pay a fraction of what those who cover up their mistakes end up owing. In my opinion, this isn’t just about ethics—it’s about economics. Punitive damages skyrocket when there’s evidence of a cover-up. Yet, too many companies still play the waiting game, hoping the problem will go away. What this really suggests is that doing the right thing and doing the cheap thing are often the same thing—a lesson many general counsels would rather ignore.
The Illusion of Third-Party Audits
If there’s one area where I think we’re throwing money away, it’s third-party audits. From my perspective, these audits are less about safety and more about liability shields. I’ve seen plants earn top ratings days before they caused deadly outbreaks. The Peanut Corporation and Jensen Farms cases are just two examples. What makes this particularly fascinating is how we’ve allowed a system of paid-for certifications to replace genuine accountability. Companies should redirect those funds into unannounced testing and fixing issues—not buying gold stars.
The Political Convenience of Ignorance
A broader trend that worries me is the gutting of federal agencies like the FDA and CDC. We’re cutting inspection capacity and surveillance programs at a time when we should be strengthening them. Personally, I think this is politically convenient but morally indefensible. Outbreaks don’t stop happening just because we stop detecting them. The real cost is measured in lives lost and families shattered. If we’re serious about food safety, we need to fund the agencies tasked with protecting us—not dismantle them.
The Freedom to Harm
The debate over raw milk is a perfect example of how personal freedom arguments can go dangerously wrong. Yes, adults should have the right to make informed choices, but what about toddlers who end up on dialysis because of their parents’ decisions? In my opinion, the ‘my body, my choice’ argument falls apart when it puts children at risk. Strong labeling is a start, but it’s not enough. We need to prioritize public health over ideological purity.
The Erosion of Transparency
Finally, let’s talk about the deliberate opacity of agencies and companies. Exemption 4—the ‘confidential commercial information’ loophole—is a prime example of how corporations hide behind secrecy. When a product sickens people, the public has a right to know why. Dressing up public health records as trade secrets is a slap in the face to victims and their families. This raises a deeper question: whose interests are we really protecting?
The Path Forward
If you take a step back and think about it, the solutions to most of these problems aren’t technical—they’re cultural. We need a shift in mindset, from one that prioritizes profit and convenience to one that values human life above all else. From my perspective, the goal of litigating myself out of business isn’t just a personal ambition; it’s a moral imperative. Until we achieve it, I’ll keep asking the uncomfortable questions—and demanding answers.
