— opinion —
Much has been written about the influence of Upton Sinclair’s 1906 novel The Jungle, but more revealing parallels may follow. After President Theodore Roosevelt sent investigators to check Sinclair’s claims, their findings identified systemic problems. The response was not immediate responsibility. It was resistance.
On June 8, 1906, the New York Times reported on congressional action on legislation that would become the Pure Food and Drug Act. That same day, the Franco-American Food Company purchased a prominent, nearly full-page advertisement positioned opposite the proposed law, visually reinforcing the response.
The ad, titled “An Open Letter to President Roosevelt and the American People,” was presented as a direct appeal to both the president and the public. They described themselves as “packers of honest and clean products” and then made a plea to the president.
“The report of your Commissioners on the Chicago packing industry is being published and commented upon by the press of this country, and by the newspapers of the world. It is no wonder that after reading that report, millions of people at home and abroad, ignorant of the differences between the brands, will cease to use not only Chicago-made canned meat, but all kinds of canned goods.
“We regret that, even if you were convinced that the Commissioners’ report was true, we had not investigated more thoroughly, so that the American public and the whole world would know that there are packers and packers, and that if some are not worthy of the public trust, there are others who produce products of such high quality as to be a credit to the American nation. For twenty years we have been manufacturing canned soups and canned meats of the highest grade in quality and purity. We have spared no effort. From the basement. The cleanliness of our entire factory, right down to the roof, is a surprise to our many visitors and in this way we have gained a unique reputation as people who know how our products are made.
“But what about the millions of people who cannot visit us due to distance, lack of time or other reasons? How will the average consumer know that every packer’s methods are different? … What can we do to offset the bad impression created about our products? Do we advertise them? Apart from this costing us a fortune, no one will believe us even after reading the report.”
Now, over 100 years later, the language has changed. The strategy was not like that.
Their concern was not denial of risk but differentiation. In other words, they argued, if some producers are unsafe, others should not be evaluated the same. They asked important questions. How can consumers distinguish between responsible producers and those who put themselves at risk?
And perhaps more importantly: What can we do to counter the damage to our reputation?
Their conclusions are as follows: Once trust is broken, trust cannot be restored through broken advertising alone.
The pattern is familiar.
1. Evidence appears
2. Public health risks are identified.
3. The industry disputes the findings.
4. Action delayed
Sound familiar?
Today, Raw Farm LLC denies the FDA’s conclusions, citing negative test results despite epidemiological and tracking evidence linking its products to the disease.
Tools have evolved. Science is stronger. But the behavior didn’t change.
The FDA has linked an outbreak of E. coli infections to raw cheddar cheese produced by Raw Farm, which has infected at least seven people in three states, including young children. Health officials are urging consumers to throw away affected products. Raw Farm, the largest producer of unpasteurized dairy products in the United States, declined to voluntarily recall.
Concordance between epidemiological data, follow-up investigations, and microbiological testing significantly increases an agency’s confidence and willingness to scale up. In this case, the FDA determined that cheese was likely the cause of the outbreak.
Congressional food safety committees have called on the FDA to exercise its authority and force recalls, emphasizing that if companies refuse to take voluntary action, the responsibility to protect public health shifts decisively to regulators.
According to the caucus, “The FDA recommended that Raw Farm voluntarily remove its raw cheese products from sale after determining that Raw Farm was the likely source of the ongoing E. coli outbreak. Raw Farm refused. We have one message for Raw Farm and the FDA: Get the products off the shelves right now.”
They further highlighted the seriousness of the outbreak, especially its impact on young children.
“Two people have been admitted to hospital and many more have fallen ill as a result of this outbreak.
“More than half of the illnesses occurred in children under the age of 3. This is intolerable. If Raw Farm refuses to put an unsafe product on the market, the FDA should use its mandatory recall powers to take it to court. The company should not flatly refuse to recommend a recall. This puts consumers’ health at risk to protect the company’s interests.”
“The FDA must act to ensure that consumers are not subject to the whims of corporations that put profits ahead of public health.”
The CDC urges consumers to avoid raw farm cheese products.
Under the Food Safety Modernization Act, the FDA has the authority to issue mandatory recalls if a product is likely to cause serious adverse health effects and the company refuses to take voluntary action. This power has been used before, including in 2018 when the company ordered a recall of kratom products contaminated with salmonella after the company refused to take action. If the evidence meets that standard, not only can the FDA take action, but it must take action. The question is whether such action will be taken before more people are harmed.
About the author: Dr. Darin Detwiler is a food safety advocate, author, and professor of food policy and law. A former USDA advisor and FDA collaborator on implementation of the Food Safety Modernization Act, he has worked for more than 30 years to strengthen food safety systems following the 1993 E. coli outbreak that claimed the life of his young son. He is the author of Food Safety: Past, Present, and Forecast and a recognized voice on public health, regulatory, and liability issues. Detwiler appeared in the Emmy Award-winning 2023 Netflix documentary Poisoned: The Dirty Truth About Your Food.
