California Court of Appeal September 8, 2011, No. H035246 (Fresh Express Inc. v. Beazley Syndicate 2623/623 at Lloyd's)

Opinion

MIHARA, J.

In September 2006, the United States Food and Drug Administration (the FDA) issued an “alert” advising that “consumers not eat bagged fresh spinach” due to “an outbreak of E. coli 0157:H7” that was possibly linked to consumption of bagged fresh spinach. The FDA advisory disclosed that there had already been reports of 50 “cases of illness” and “one death.