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HSFPP Update # 200—Do Businesses Have Responsibilities to Consumers?

Message from Flashman: I recently came back from Florida, where I was served clams and pasta and four of the clams did not open. I told the waiter the problem and he asked me if I wanted him to open them for me to eat. I then realized he didn’t know that, if cooked shellfish do not open, they could be dangerous to eat and should not be served. I could also assume that the chef did not pay attention, that he placed potentially dangerous clams on my plate, or that the chef also was not aware of the problem.

When I returned from vacation, I read an article in Insurance Journal about a lawsuit by a family whose loved one died from eating raw oysters, and was surprised to read comments from professionals in the insurance field that it was the consumer’s fault. My personal feeling is that the restaurant should have consumers sign a waiver if they serve raw oysters or other raw shellfish, or rare or medium-rare hamburgers. Because of e-coli and bad publicity, many restaurant chains will no longer serve hamburgers that are not well done.

It will be interesting to see what your students say in discussing this week’s article In the New$.... Once groups have answered Discussion Questions 4a and 4b, you might also explain what happened to me, especially if none respond to these questions.

In order to learn more about our legal system, you might also want to invite an attorney to your next meeting as a follow-up activity.

 

Academic Expectations:

Academic Expectation 2.18
Students understand economic principles and are able to make economic decisions that have consequences in daily living.
Unit 2-6

Academic Expectation 2.30
Students evaluate consumer products and services and make effective consumer decisions.
Unit 5

Academic Expectation 2.31
Students demonstrate the knowledge and skills they need to remain physically healthy and to accept responsibility for their own physical well-being.

 

Note to Educators:

The purpose of this follow-up activity is to educate students about other cases where death has resulted from eating oysters, as well as to inform students of what can happen to them if they eat raw oysters. This follow-up activity can be used in health and science, as well as in family and consumer sciences classes.

 

Message from De’ja: Following are a few other cases that I found that students could read as part of the follow-up activity:

http://atlanta.injuryboard.com/food-poisoning/atlanta-woman-dies-after-eating-contaminated-oysters.php

http://www.safetables.org/Policy_&_Outreach/Public_Comments/pc_98p0504_04_1999.html

http://www.2theadvocate.com/news/suburban/15691752.html

http://www.dmagazine.com/pressreleases/nancystory.pdf

 

Additional information from the Food and Drug Administration (FDA) and the General Accounting Office (GAO) that I thought would be of interest to you as educators:

A person who has any of the following health conditions can die from eating oysters, even if they are prepared properly:

• Liver disease (from hepatitis, cirrhosis, alcoholism, or cancer)
• Iron overload disease (hemachromatosis)
• Diabetes
• Cancer (including lymphomas, leukemia, Hodgkin's disease)
• Stomach disorders
• Or any illness or medical treatment that weakens the body's immune system, including HIV infection

Source: http://www.cfsan.fda.gov/~lrd/tpoyvib.html

 

GAO Study Results

The Government Accounting Office (GAO) study reviewed the implementation of current shellfish policies in six states—Florida, Louisiana, New Jersey, New York, Texas, and Washington—as these states account for about 65 percent of the nation's shellfish and three of these states (Florida, Louisiana, and Texas) accounted for virtually all Vibrio vulnificus-related illnesses in 1999. The GAO study cited several weaknesses in current shellfish-related policies. In particular, the study found that the Food and Drug Administration (FDA) does not use existing information to make risk-based decisions about where to step up oversight. Also, the GAO was critical of the fact that the FDA does not have objective, measurable data on the effectiveness of its policies. Finally, the GAO cast doubts on the effectiveness of FDA policies that rely almost exclusively on consumer education.

Source: Shellfish and Death http://www.suite101.com/article.cfm/defective_products/78621

 

“Any time somebody sells something, they make what is called a warranty of merchantability," said University of Houston law professor Dr. Richard Alderman. "And that basically guarantees you that what you buy is going to do what it is supposed to do."

Alderman says that, if food you buy makes you sick, the company has violated that implied warranty.

"They are liable for whatever damages you suffer," he said. "If you have to pay medical bills, if you get sick and miss work under this breach of warranty theory, they would owe those expenses."

Source: “Who pays for your expenses if you’re sickened by tainted food?” http://abclocal.go.com/ktrk/story?section=action13&id=5048945

Web Site Pick of the Week:

FDA Center for food safety and applied nutrient

http://www.cfsan.fda.gov/list.html

 

In the New$... Just Because It Is Served to You Doesn’t Mean You Should Eat It

by De’Ja Hall, a UK student who is majoring in Family and Consumer Sciences

Each year millions of Americans enjoy eating raw oysters. However, some people with certain medical conditions are at high risk for becoming seriously ill and dying from eating raw oysters. The U.S. Food and Drug Administration (FDA) advises these high-risk persons not to eat raw oysters, and to eat only oysters that have been thoroughly cooked. The cause of the trouble: Vibrio vulnificus.

According to suite101.com, “More than 100,000 Americans become ill each year after consuming contaminated shellfish, which include clams, mussels, oysters and scallops.” Shellfish “are frequently eaten raw, which heightens the risk of illness presented by the host of pathogens that may be present during consumption. The most serious bacteria that may be present in shellfish is the potentially fatal Vibrio vulnificus. Vibrio vulnificus is particularly dangerous to persons with compromised immune systems, such as people suffering from liver disease, cancer, hemachromatosis, hepatitis, or HIV/AIDS. Thus about 12 to 30 million Americans are at an increased risk for [becoming] ill when exposed to the bacteria.”

The sad thing is, because many people are not aware of various dangers, they expose themselves much more than is necessary to things and situations that could be deadly. Educate yourself and others; this is often the only way that people can avoid unnecessary risks.

Who pays for your expenses if you become ill from eating tainted food? This is the question many people ask themselves when they get food poisoning of any sort. In the article below, the customer died from eating bad oysters, but many other foods can make you sick or even cause death. So, if this happens to you or a loved one, who is at fault? If signs or notices are posted about the possible dangers of eating certain foods if you have a particular medical condition, who is to blame if you do it anyway? And, even if somebody else can be found responsible, why risk your own life?

Sources: “La. Man's Death After Eating Oysters Prompts Lawsuit,” Insurance Journal, 2/21/08. http://www.insurancejournal.com/news/southcentral/2008/02/21/87511.htm

Herman, Maggie. “Shellfish and Death??? PART I.” suite101.com, 8/30/01. http://www.suite101.com/article.cfm/defective_products/78621

 

Discussion Questions:

Divide teens into groups. Each group should discuss answers to the following questions, coming up with a list of reasons why they believe as they do; and choose one person to speak for the group.

1.) Who do you think is at fault in cases where tainted food is served, the consumer or the business? Give reasons.

 

2.) Should insurance companies be responsible for claims, or the business that did not warn consumers that oysters could be dangerous to your health and could even cause death? Give reasons.

 

3.) Should the FDA not allow raw oysters to be served in eating establishments? Should they not allow oysters to be served at all? Give reasons.

 

4a.) Have you or someone you know ever eaten tainted food? Did you or the other person become sick? How sick?

 

4b.) Knowing what you know now, is there anything you would do to avoid contaminated food in the future?

 

Follow-up Activity:

The case in this week’s article In the New$... is only one of many cases where someone has died from eating oysters. Do a Google search for other stories related to shellfish, as well as death and the cost of medical treatment for eating contaminated shellfish.

 

Kentucky High School Financial Planning Program

http://www.ca.uky.edu/fcs/hsfp

The purpose of the HSFPP financial updates, video lessons, and Web site is to assist county Extension agents, credit union educators, high school teachers, and parents who home school their teenagers so that they may improve the economic well-being of our teenagers; and also to show educators how the HSFPP, updates, and video lessons meet Kentucky core concepts. The Web site, updates, and video lessons are provided by the University of Kentucky Cooperative Extension Service, and are free to all educators. The list of core concepts and order form for free program materials including the student guide and instructors manual can be found on the Kentucky HSFPP home page.

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