A Deadly Listeria Outbreak – LexBlog
The Centers for Disease Control and Prevention (CDC), the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS), the U.S. Food and Drug Administration (FDA), and state partners investigated a multistate outbreak of Listeria monocytogenes infections in 2021 through 2023. This outbreak was given the CDC outbreak code: 2107MLGX6-1.
The investigation began in July 2021, when the New York City Department of Health and Mental Hygiene investigated four cases of listeriosis who were of Eastern European descent. Two of these case samples were found to be identical by whole genome sequencing, at which point the Centers for Disease Control and Prevention were notified, and a multistate investigation was initiated.
A total of 16 people infected with the outbreak strain of Listeria were reported from 6 states (CA, IL (2), MD (2), MA (2), NJ, and NY (7)). Case samples were collected from April 17, 2021, to September 29, 2022. Sick people ranged in age from 38 to 92 years, with a median age of 74, and 62% were male. Of 15 people with race or ethnicity information available, 13 were white, one was African American/black, one was Asian, and no one reported Hispanic ethnicity. Eleven people were of Eastern European background or spoke Russian. Of 14 people with healthcare information available, 13 were hospitalized. One person got sick during their pregnancy, resulting in pregnancy loss. Additionally, one death was reported from Maryland.
Whole-genome sequencing (WGS) of case samples showed that bacteria were closely related genetically. This suggests that people in this outbreak got sick from the same food.
Of the 12 people interviewed, 11 reported eating meat or cheese from deli counters. Among seven sick people in New York, five bought sliced deli meat or cheese from at least one location of NetCost Market, a grocery store chain that sells international foods. Sick people from other states purchased deli meats or cheeses from other European delis. NetCost Market delis are unlikely to be the only source of illnesses because some sick people in the outbreak did not shop at a NetCost Market. A contaminated food likely introduced the outbreak strain of Listeria into delis in multiple states.
In 2021, health officials in New York State and New York City found the outbreak strain of Listeria monocytogenes in several environmental and food samples: environmental samples from a NetCost Market deli in Brooklyn, NY, several open packages of mortadella and ham that were sliced at the same NetCost Market deli in Brooklyn, NY, and sliced salami that a sick person bought from a NetCost Market deli in Staten Island, NY.
In August 2021, several environmental samples collected from the NetCost Market Ocean Ave. location, grew Listeria monocytogenes. In addition, two specimens each from three opened deli meat packages also grew L. monocytogenes: Mortadella pork sausage or luncheon meat (Alex’s Meat & Provisions); Moscow brand Ham with Garlic (Andy’s Deli & Mikolajczyk Sausage Shop Inc); and Mortadella Stolichanaya (Alef Sausage). Food and environmental specimens collected at the deli area were found to be highly related by WGS to each other and to the clinical isolates from the two original listeriosis cases from New York.
NetCost Market voluntarily closed the deli temporarily in Brooklyn after New York officials notified them about the sampling results. NetCost Market performed a deep cleaning and then reopened the deli after further environmental testing did not find Listeria.
In September 2021, the outbreak strain was found at the same Brooklyn NetCost Market deli (3100 Ocean Ave., Brooklyn, NY 11235); however, the most recent illness with NetCost Market exposure was in October 2021, when two cases who visited another NetCost Market (532 Neptune Ave., Brooklyn, NY) fell ill with Listeria monocytogenes matching the outbreak strain. After a deep cleaning, additional environmental testing from samples taken in October 2021 did not find Listeria in the deli. On November 1, 2021, four food specimens were collected from a case’s apartment and sent for Listeria culture: bologna, sausage, meatball soup, and chicken soup. Listeria monocytogenes was cultured from the bologna specimen, purchased from NetCost’s Staten Island location. WGS results matched the profile associated with the 2107MLGX6-1 outbreak.
On November 16, 2021, surface locations in the deli and kitchen areas of NetCost Market’s Neptune Ave location were swabbed and submitted for Listeria testing. Listeria monocytogenes was cultured from swabs collected in four areas. On November 30, 2021, approximately 30 surface locations in the deli and kitchen areas of NetCost Market’s Staten Island location were swabbed and submitted for Listeria culture. Listeria monocytogenes was cultured from two swabs collected from the floor drain in front of the meat preparation room. WGS results did not match the WGS profile associated with the 2107MLGX6-1 outbreak but fell into a large cluster of environmental isolates as well as three clinical isolates from 2016 and 2019. On March 15, 2022, surface locations in the deli and kitchen areas of NetCost Market’s Neptune Ave location were swabbed and submitted for Listeria culture. Listeria monocytogenes was cultured from swabs collected from 6 areas.
In September 2022, the outbreak strain was found at a Brooklyn NetCost Market deli (presumably the Ocean Ave location). After a deep cleaning, additional environmental testing did not identify Listeria in the deli. Between April 2021 and November 2021, the New York State Department of Agriculture and Markets Division of Food Safety and Inspection Services (DFSIS) conducted several inspections of NetCost Market’s Neptune Ave location and found several critical deficiencies, some repeat, each time. Moreover, after finding Listeria positive samples at this location, DFSIS instructed the location to close and clean the deli and kitchen. This instruction was ignored.
Epidemiologic and laboratory data showed that meat and cheese from deli counters made people sick. A single deli or food source was not identified. As of March 29, 2023, this outbreak is deemed over.
William “Bill” Marler has been a food safety lawyer and advocate since the 1993 Jack-in-the-Box E. coli Outbreak which was chronicled in the book, “Poisoned” and in the recent Emmy Award winning Netflix documentary by the same name. Bill work has been profiled in the New Yorker, “A Bug in the System;” the Seattle Times, “30 years after the deadly E. coli outbreak, A Seattle attorney still fights for food safety;” the Washington Post, “He helped make burgers safer, Now he is fighting food poisoning again;” and several others.
Dozens of times a year Bill speaks to industry and government throughout the United States, Canada, Europe, Africa, China and Australia on why it is important to prevent foodborne illnesses. He is also a frequent commentator on food litigation and food safety on Marler Blog. Bill is also the publisher of Food Safety News.
Listeria: Marler Clark, The Food Safety Law Firm, is the nation’s leading law firm representing victims of Listeria outbreaks. The Listeria lawyers of Marler Clark have represented thousands of victims of Listeria and other foodborne illness outbreaks and have recovered over $900 million for clients. Marler Clark is the only law firm in the nation with a practice focused exclusively on foodborne illness litigation. Our Listeria lawyers have litigated Listeria cases stemming from outbreaks traced to a variety of foods, such as lettuce, polony, deli meat, cantaloupe, cheese, celery and milk.
If you or a family member became ill with a Listeria infection after consuming food and you’re interested in pursuing a legal claim, contact the Marler Clark Listeria attorneys for a free case evaluation.
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