Lawmakers push for accountability after 10th death linked to Boar’s Head listeria outbreak

A death in New York has been linked with a listeria outbreak connected to recalled Boar’s Head deli meat, the US Centers for Disease Control and Prevention said Wednesday. A total of 59 people have been hospitalized with the outbreak strain of bacteria in 19 states, and 10 of them have died.

However, the actual number of cases is most likely higher because it can take up to 10 weeks for symptoms of listeria infection to begin, the agency noted. Some people who get ill recover without being tested for listeria and it usually takes weeks to link an illness with an outbreak.

In a letter sent Thursday to the US Department of Agriculture and Department of Justice, Sen. Richard Blumenthal and Rep. Rosa DeLauro asked the agencies to work together to determine whether Boar’s Head should face criminal charges related to the outbreak.

“It is unacceptable that Boar’s Head did not take sufficient action to rectify these conditions that resulted in repeated violations for similar issues,” the Connecticut Democrats wrote in their letter to Agriculture Secretary Tom Vilsack and Attorney General Merrick Garland. “The time for action is long overdue, and we urge your agencies to work together to seek immediate justice for impacted consumers and to prevent this from happening again.”

Boar’s Head announced this month it would discontinue sales of liverwurst after an investigation found that its production process was the root of the listeria contamination. The company said it is closing the Virginia plant that produced meat tied to the outbreak and implementing a companywide food safety program.

USDA Food Safety Inspection Service reports from the facility described dozens of violations, including insects, mold, “blood in puddles on the floor” and a “rancid smell in the cooler” at various points since 2022. Another report from 2022 cited “major deficiencies” with the plant’s physical conditions — rusty equipment, peeling and flaking paint, loose caulk, holes in walls, product residue on surfaces and dripping condensation — that posed an “imminent threat.” The reports said plant management was notified and directed to take corrective action.

The plant in Jarratt, Virginia, has not been operational since July, when the liverwurst recall was first announced and then expanded to include all products made at the facility.

Blumenthal and DeLauro wrote that USDA “failed to uphold its congressional mandate” by allowing Boar’s Head production to continue in “horrific conditions” at the Virginia plant. In Thursday’s letter, they urged the agency to conduct inspections at other Boar’s Head facilities, increase testing for listeria in all processing plants and consider measures such as automatic triggers for escalated penalties for facilities with “a pattern of non-compliance.”

DOJ confirmed it had received the letter but had no further comment.

A spokesperson for USDA’s Food Safety Inspection Service said it shares the concern for public health and corporate accountability.

Even after the closure of the Virginia plant, “FSIS’ investigation into factors that contributed to this outbreak, including but not limited to an in-depth look at other Boar’s Head facilities, will continue in the interest of best protecting public health,” the statement said. It will also include a “top-to-bottom” review of contributing factors, including a focus on state inspection models, it said.

The Boar’s Head facility linked to the outbreak was inspected by the Virginia Department of Agriculture and Consumer Services as part of the Talmadge-Aiken Cooperative Inspection Program, which allows some states to provide federal inspection services.

In a previous letter to consumers, Boar’s Head called the recall a “dark moment in our company’s history.”

“We remain steadfast in our commitment to our customers and to the safety and quality of our products,” Boar’s Head said in its letter. “We are determined to learn from this experience and emerge stronger.”

The CDC continues to advise consumers to check their kitchens for recalled products, which have “EST. 12612” or “P-12612” inside the USDA mark of inspection on labels and have sell-by dates into October 2024.

Listeria bacteria causes listeriosis, the third leading cause of death from foodborne illness in the United States. Symptoms can include fever, muscle aches and fatigue. An infection can also cause a stiff neck, a headache, confusion or seizures.