Maintenance Phase - The Daily Harvest Food Poisoning Scandal
Episode Date: November 1, 2022“Herpes is basically living the dream” — Aubrey Gordon.Support us: Subscribe on PatreonDonate on PayPalGet Maintenance Phase shirts, stickers and more Check out Mike's other podcast, If Bo...oks Could KillPre-order Aubrey's book!Links!Marion Nestle's "Safe Food"The vomiting, diarrhea, and gallbladder surgeries were bad enough. Daily Harvest’s alleged food poisoning victims say the startup’s response made things worseFor Now, Skip Eating Products That Contain Tara Flour, CR's Food Experts SayBill Marler’s Daily Harvest postsThe original Reddit postThe History, Politics & Perils Of The Current Food Safety ControversyFood poisoning and unsafe temperatures: Many meal kit companies aren’t FDA regulatedPublic Health and Food Safety: a Historical AssociationInvestigating Food Safety Implications Of Meal-Kit Delivery Subscription Services In TorontoVitamin retention in eight fruits and vegetables: a comparison of refrigerated and frozen storageTen years post-GAO assessment, FDA remains uninformed of potentially harmful GRAS substances in foodsDaily Harvest updatesRachel Drori interviewAntioxidants in Fresh and Frozen Fruit and Vegetables: Impact Study of Varying Storage ConditionsGenerally recognized as safe (GRAS): history and descriptionThanks to Doctor Dreamchip for our lovely theme song!Support the show
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Okay, tagline, tagline time. What do you have? Don't describe symptoms. Don't make it a downstairs tagline.
I'm not gonna, there is no poop talk. I'm not gonna say anything about poop. You know the rules on this show. Hi everybody and welcome to Maintenance Faze,
the podcast that starts out as a bonus episode sometimes.
Oh yeah.
And then turns into a main feed episode.
Look at that.
I am Michael Hobbs and I'm incapable of not researching.
I'm sorry.
I am Aubrey Gordon and I'm just along for the ride.
If you would like to support the show, you can do that at patreon.com slash maintenance
phase or you can buy t-shirts, mugs, tote bags, whatever you want at T public.
Both of those are linked for you in the show notes.
Along with a link to preorder my next book, you just need to lose weight and 19 other myths
about fat people. And Michael Hobbs,
today, we are talking about something that I sort of suggested to you in a kind of off-handed
way for a bonus episode. Yeah. And then you were like, hang on, I just need like a month.
This is your fault for suggesting an episode that has themes.
I don't know. So let's start start out with what you know about this.
Here's what I know, and this is from genuinely just headlines and tweets.
So what I think I've gleaned about this story is that Daily Harvest, which is like a podcast,
sort of advertised, wellness foods company, has these lentil sausage crumbles to their supposed to be
like mimicking sausage, yeah?
Yes.
But apparently those lentils gave people like liver failure
or something, people were going to the hospital,
I don't know, it was a whole situation.
Yeah.
That's about it, that's all I really know.
Yes, it turns out they were mimicking the texture
of sausage with bacteria. Oh, that's a good idea.
Got it.
This is as far as right now, the largest outbreak of food-borne illness in the US this year.
That we know of.
Whoa!
What?
So, according to the FDA, there are 386 adverse illness events, which is what they call it.
There were 130 hospitalizations.
So, like, think about how bad food poisoning would have to be for you to go to the fucking hospital.
Yeah, totally.
And according to the lawyer who is representing the plaintiffs, 20 people had their gallbladders removed.
What the hell, man?
We're talking about a very serious situation for the people who this happened to.
Absolutely.
What do you know about the company daily harvest?
Actually, I had not heard of them before all this.
Oh, I had heard of them because of podcast advertising.
Oh.
Yeah, they're big podcast advertisers.
They started selling these like frozen little cups of produce.
And you could either add those to a blender with some milk of your choice
and make it into a smoothie,
or some of them were more savory ones,
and you could add, I don't know if you add water or broth,
or if it comes with broth in it,
or whatever, they come in these individually portioned
little cups, it's sort of a convenience market
of the kind of thing.
I stopped listening to all that after you admitted
that you actually listened to podcast ads.
That only person. Sure do. So yes, the company was founded in 2015 by a woman named Rachel Dory who was previously a
marketing executive for four seasons, the company that runs outels, and then for American Express.
The sort of founding lore of the company
is that she was working at this company jet center.
She's overworked and she said she was kind of grabbing trail mix
for lunch and like calling it a meal.
So what she started doing is portioning out
these little smoothies for herself.
So on Sundays, she would take a bunch of, you know,
caught up a bunch of melon and chia seeds
and whatever and then put them in cups
and have them in her freezer so that throughout the week
she could pull them out and pour them in the blender
and blend them up and then bang, she's got a smoothie.
She's doing meal prep.
She's doing meal prep.
Gotcha.
And so eventually she starts telling other people about this
and she realizes that a lot of other,
especially working women have the same problem.
So she finds a commercial kitchen,
she starts working with farmers, she finds customers commercial kitchen. She starts working with farmers.
She finds customers and sets up a website
where people get to start ordering these little smoothies
for themselves.
So I read a lot of old coverage of this company
and something that I always think is really funny
about like business media is they let CEOs
just lie to them.
So in all these interviews that Rachel Dory has given
about the origins of the company,
she talks about how at first she was just kind of focused on the smoothies and getting the product right,
and then eventually after roughly a year, she's like,
then I thought I should expand into the kind of branding that I wanted,
and the kind of like customer segment.
And it's like, Rachel, you're a marketing executive.
Yeah, yeah, yeah, yeah.
That's your entire group. Are you telling me that you never thought about
how to market this company? Yeah, I think it's very funny that like founders of companies kind of
have to do this theatrical thing of like, oh, I was thinking about was the smoothies for a year.
And it's like, no, you probably looked at the market and you saw a gap and you were like, there's
a lot of affluent women who want to have convenient meals and like no one is specifically marketing to them.
That actually seems fine to me.
Yeah, I feel like I got no beef with that in particular.
And also like, I don't know, man, frozen produce.
It's at the grocery store in different bags
as different things.
This lady's put them in cups all together.
Yeah, exactly.
Okay.
In some ways, it's extremely innovative
and in some ways it's not remotely innovative. It's like you can go to the store and get frozen blueberries. Everything's fine, exactly. In some ways, it's extremely innovative and in some ways, it's not remotely innovative. It's like, you can go to the store and get frozen blueberries.
Everything's fine, everybody.
By 2017, this company is like exploding. So she says that she's got 100,000 subscribers.
She has 128,000 followers on Instagram. She gets a huge infusion of cash from like some private equity, something, something,
and investors who include Gwyneth Paltrow, obviously.
Bobby Flay, the Lexi Liberty Chef guy,
Haley Duff, who does something with the youths.
No, no, does not do anything with the youth now.
I read two books for this episode.
I did not bother to Google who Haley Duff was.
She's Blake Lively's sister, Dory Lively.
There's also the Olympian Sean White,
I think the snowboarding guy,
and then also Serena Williams.
Oh!
Our first cameo on our show.
And I did not notice, but she calls herself a she-gan
because she's a vegan,
but she like sometimes cheats with meat and fish.
Ah, gotcha.
So I wanna do an overview of just kind of the vibe
of this company and what this company is doing
before we get into all of the events.
So I want us to go to their website together.
Okay, is it just dailyharvest.com?
Yeah, just Google dailyhar harvest and it should come up.
Oh my God, it's one of those websites that has like Clippy.
Yeah, I know.
I'm your daily harvest digital care guide.
No, no, Clippy.
Enjoy the newsletter that you're gonna get
for the rest of your life, probably.
So what it says is the website says daily harvest
never not in season, in very large bold letters.
Our chef-crafted food is delicious, easy to prep, and built
on sustainably sourced fruits and veggies.
But that's just the beginning.
Daily Harvest is on a mission to make it really easy to eat more fruits and vegetables
every day.
From seed to plate, we're committed to a better food system, one that prioritizes human
and planetary health.
We are transforming what we eat, what we grow,
and how we grow it, one crop and box at a time.
And then it has pictures of a little sort of
veggie, flatbread pizza kind of thing,
but I don't think it's a pizza because there's lettuce on it.
I don't know what's going on there.
Yeah, I don't know how to make that.
Some kind of yoghurt-y ice cream-y thing,
a garbanzoo bean tomato, basil,
arugula, little bowl thing,
that actually looks pretty good.
I would eat that.
Yeah, it looks pretty good.
And then it shows you all these like little smoothie cups
where they have like extremely artfully arranged
bisected produce.
So you get like big slices of peach and that kind of thing.
So that you're seeing everything, you know, whole almonds, whatever.
It is also very funny to me that all the smoothie bowls with banana have the peels on the banana.
Yeah, you're obviously not showing me what's going to like come to my house because that would be deranged.
I'm like peeling these tiny little slivers.
They're doing what is I think at this point a pretty well-worn
tactic, particularly amongst companies that have targeted millennials over time,
which is collapsing in this idea
that you can buy things that you want,
and also that somehow contributes to a more just world,
which turns your sort of recreational activity,
the thing you wanna do anyway,
buying shit into some kind of social activism,
is sort of what they seem to be like implying
with this sort of school of marketing.
You are participating in the construction
of a better system by buying smoothies
that cost $8.49 each.
Yes. So the last detour we're going to make
before we get to the outbreak is a very large component of the marketing
of this company is about frozen food.
It's about the fact that frozen food actually has more nutrients in it than fresh food.
And so this is something that Rachel Dory says in almost every interview.
She says, frozen is what people associate with dinosaur-shaped chicken nuggets, but frozen
is actually nutritionally better than what people are buying fresh in the grocery store.
Oh, Lord.
And later in the interview, this is an interview
with Fortune.
She says, according to the environmental quality
and food safety research unit, blueberries
contain 200% more vitamin C when
farm frozen versus fresh after three days.
Yeah.
You know that I am fascinated by this distinction
between technically true and meaningfully true.
Yes.
She says blueberries contain 200% more vitamin C
when they're frozen than when you buy them at the store, right?
If you click on the link, first of all,
that number is wrong.
What she means is that they contain twice
as much vitamin C, but she said 200%
which actually means three times.
Yeah.
I make mistakes like that on the show all the time, right?
You're talking fast.
Sure. A number gets by, it's not that big of a deal.
So this study does in fact find that after three days, blueberries have twice as much
vitamin C as fresh blueberries.
Although it is worth noting that this is a study performed on behalf of and paid for
by the British Frozen Food Federation.
Like, and finds the thing that they wanted to find.
I looked at other studies of this thing
between frozen food versus fresh food.
Another one I found found that blueberries have
a tiny bit more vitamin C when they're frozen
than when they're fresh.
It was like 480 milligrams versus like 505 milligrams.
So nowhere close to double. But then the same study
did actually find that fresh blueberries at the store, the longer they sit there, the vitamin C
does actually go down. So after I think it was 10 days in that study, it's down to like 300 milligrams
versus 505 milligrams in the frozen blueberries. The thing that I appreciate is there has been such demonization and dismissal of frozen
and canned foods, I would say, like, actual stable foods, which are cheaper.
They're more accessible.
You can get them in parts of the country or parts of the world where you couldn't get
those foods fresh, right?
Like, yes, straight forwardly.
That seemed good.
Destigmatized frozen foods.
The thing that I don't care for is this weird gamesmanship of like, yeah, straightforwardly, that seemed good. D-stigmatized frozen foods. The thing that I don't care for is this weird
gamesmanship of like actually there's more vitamin C
or there's blah, blah, blah in this delivery method
than in this delivery method where it's like,
just like eat your blueberries.
It's fine.
If you want to have them fresh, have them fresh.
If you want to have them frozen, have them frozen.
This is the thing.
Also blueberries are pretty low in vitamin C.
You want your vitamin C. You're going to get some strawberries.
Come on, man.
Yeah. Exactly. That's what I was going to say.
Way the fuck more than oranges, too.
Woo. Strawberries.
They're using this as a shorthand for vitamin content.
But it kind of depends on the vegetable.
It depends on how long it's stored and where you're buying it,
and when it's frozen and all kinds of other things.
And also, if you're the kind of person
who can afford an $8.49 smoothie,
the chances that you have a vitamin C deficiency
basically minuscule.
Like, this is not really something
that you need to worry about if you're eating
just like a varied diet.
Yep.
So, I just find this to be such a fascinating metaphor
for like all of the debates that we're having
around internet misinformation
and fact checking right now.
Because if you look at the actual claim
that she's making, it's false.
Frozen blueberries do not have three times more vitamin C
than fresh blueberries.
But then if you look at the underlying claim,
that basically frozen fruits and vegetables
have roughly the same or even more nutrients,
then fresh fruits and vegetables?
That's true.
But then, the underlying claim that you as an individual need to be worried about the specific
nutrient levels in the specific fruits and vegetables that you're eating, that's false.
So it's like the same claim is either false or true or false
Depending on what level you're looking at it. I was about to make a joke about like us not a lot of scurvy outbreaks happening
And I'm like, I don't know me on the way things are going. Yeah, yeah, like next week
There's gonna be like scurvy
So to finally get to the events of summer of 2022, the outbreak, here we go.
On April 28th, the company launches the French,
lentil, and leak crumbles.
So crumbles are like a product category
that I was not previously aware of.
The idea is that you sautee them,
and then you put them on other things.
So you put them on pasta, you put them on tacos.
Not quite a seasoning, but it's like a little helper for other
recipes that need a little bit more protein or just a little bit more taste-wise.
Sure, sure, sure. The French lentil and leek crumbles have a huge number of ingredients,
and this is something that makes it very difficult to trace later. So I'm going to read you
this ingredient list. All of these are organic. I cut out the word organic because it just said
like organic flour or canyxol. It was would just gonna be really annoying to read. So just pretend that
I'm saying organic before each of these ingredients. The crumbles contain butter and squash,
hemp seeds, cauliflower rice, extra virgin olive oil, French lentils, red lentils, tri-colored
quinoa, creamy mushrooms, taro flour, leeks, parsley, water, cassava root flour, flax seeds,
satcha and sheep powder, chia seeds, porcini powder, Himalayan sea salt,
apple cider vinegar, onion powder, nutritional yeast, garlic powder, tomato powder, white
pepper, coriander seeds, mustard powder, thyme.
It feels really tricky because on the one hand, that is like word salad of sort of like
wellness foods of the last 10 years in the US, right?
And on the other hand, I'm also like, man, I would eat that.
I know. It's probably decent. That was part of what really caught me offguard
about this story was I was like, Oh, no, it's so rare that one of these stories comes
out and I'm like, it sounds good though. You're like, not my such a in-cheap powder. Leave
me this. Uh-huh. So for this episode to research this, I was trying to put together the timeline.
And so I scrolled all the way back through the daily harvest subreddit
Mm-hmm for basically two and a half years
It's just like the most anodine stuff. It's like people post a smoothie. They're like lunch today
Love it people ask like oh, hey, are there any recipes?
Like do you add anything to the smoothies to make them better? Uh-huh two years ago
The first sign of trouble is a post titled Metal Ball found in daily harvest food bowl.
What?
Somebody says they found like a golf ball sized
metal ball in their first.
What are you talking about?
Like a gigantic ball bearing?
Yeah, and I should say it's like this is fucking reddit.
Sure, sure, sure.
So you need no idea if any of this is true.
Shrimp tails and cinnamon toast crunch, et cetera, et cetera.
Yes.
And then on June 15th of 2022,
we get this fateful post, which I am about to send to you.
Okay.
Extreme stomach pain slash sickness
from lentil and leak crumbles.
Two weeks ago, I tried the crumbles for the first time.
That night, I had debilitating stomach pain, like nothing I had ever felt before.
It was so bad I had to go to the ER as a last-ditch effort to alleviate and manage the pain.
After a CT scan, IV, meds, and a week on a bland diet, I thought perhaps it was some sort
of bug.
Fast forward to yesterday, I decided
to try the Crumbles again. Low and behold, I am awake with the exact same horrible stomach
pain. Luckily, I have prescription meds from the last time this happened and do not need
to go back to the ER. The Crumbles were the only common denominator between the last stomach
ache and this one. I believe this product has caused me debilitating stomach pain
that has taken days to go away.
Has anyone ever experienced something like this
with the crumbles and new buyers maybe beware?
The crumbles have now been on the market for two months, right?
They came out at the end of April
and this is now mid-June.
28,000 bags of the crumbles have been sold.
And so as soon as this post goes up,
the post starts getting flooded
with other people with the same experience.
One of them says, I have the same story as most of you,
ER visit with stomach pains
and then acute elevated liver enzymes
with tons of tests and doctors baffled.
Another one says, FDA is coming to my house tomorrow
to pick up my opened and unopened bag for testing.
I've contacted a local lawyer as my medical bills
are over $1,000 so far and I'd like to be reimbursed.
Wow.
My lingering symptom is pretty intense fatigue.
I've been sleeping 9.5 hours a night
and could easily sleep more if I didn't have to work.
Another one says, my wife and I also got sick.
She was supposed to undergo IVF
and now missed her cycle
and the expensive medications were wasted.
Another one says,
Hi, I'm wondering if anyone else has experienced intense headaches after they eat.
I ate the crumbles on 615, still can't eat normally.
Another one has anyone else noticed a metallic taste in their mouth?
And then one says,
Has anyone else started saying I was daily harvested when telling people why you were sick?
I feel like saying food poisoning seems to minimize it.
So it's kind of amazing that this post, and then eventually the subreddit, becomes like
an organizing space for people all over the country to talk about their symptoms.
And like there's very consistent reports of what people are experiencing.
It's mostly like very intense stomach pain,
and then just super duper, duper elevated liver enzymes.
The liver is just going into overdrive.
So many people are spending days in the hospital
just because the doctors have no idea what's actually going on.
So this gets very expensive for people very fast.
It's also really fascinating because I think foods like this
and companies like this market their foods
as solutions to symptoms.
Exactly.
Kind of like these, but usually significantly milder,
frankly, than these, right?
Usually it's like, hey, do you feel kind of sluggish?
Try our food.
You'll have more energy, right?
Hey, do you feel sad?
Sometimes we have a hard time sleeping. Try our food. You'll have more energy. Hey, do you feel sad sometimes? We have a hard time sleeping.
Try our food, you'll sleep better or whatever.
So it's fascinating to have this,
like not only go in the opposite direction,
but for the pendulum to swing so much further
in the opposite direction, right?
Like pain, like going to the doctor
because you have pain.
Right, yeah.
This is kind of like the next thing
that I wanted to talk about is that
there's now been a bunch of news articles about this. There's. This is kind of like the next thing that I wanted to talk about is that there's now been
a bunch of news articles about this.
There's been a huge number of like further posts on the subreddit of like lingering symptoms
and like what tests should I have?
And one of the themes that you see is like this, this profound lack of trust, right?
So this is an excerpt from LA Times article.
It says they were organic, vegan, sustainably packaged,
all these supposedly great things. So I just trusted that it was healthy. Said Elissa Mira, 29,
a commercial real estate agent in San Diego, who was hospitalized with excruciating abdominal
pain after eating the lentil crumbles twice. So another person, Carol Ready, who's also
profiled in the LA Times, says, I didn't even suspect daily harvest.
She says, it markets itself as really healthy,
I trusted them.
Yeah.
And so what emerges from these accounts
is this huge disparity between the sort of clean,
inviting marketing that this company is doing.
And this just like fucking awful to think about,
symptoms of this food poisoning.
It is about as far away as you could get
from sort of like the physical experience
that people expect when they're eating.
Right.
Quote-unquote wellness foods, right?
I think this is gonna be the first of a two-part series
because the FDA is investigating.
And so we don't actually know what happened.
Eventually, the FDA will put out a report.
This could be soon.
This could be in a couple of months.
Nobody really knows.
And we'll find out kind of behind the scenes.
They'll trace what happened.
They'll get the ingredients.
Like, we'll know eventually.
Right now, all we know is like what the company is saying, what is posted on Reddit, and
the structural incentives that have led to increasing risks of foodborne illness in our food system.
This outbreak represents a really interesting shift in the food system.
And to get there, we had to talk a bit about the history of food safety.
So Mary and Nestle wrote a book called Safe Food, the Politics of Food Safety, where I'm
getting a lot of this from.
Sure.
She says most of the food safety system in America is built up around meat.
When you think about your risks for food poisoning, it's like mostly undercooked meat,
right, or like maybe shellfish.
You don't think of a lot of vegan cases of food poisoning, that's for sure.
Exactly, that's the thing.
So before we had any, you know, FDA or any of these laws regulating food safety, it was
basically just the complete Wild West.
And so in the late 1800s and early 1900s, as you can imagine, like, foodborne illness was like,
fucking everywhere.
It was like, the risk was way higher than it is now.
And then after we had a bunch of newspaper exposés and eventually the jungle, the really famous book by Uptinson Claire,
we finally got the 1910 Pure Food and Drug Act and Meat Inspection Act.
So, they put in place this system in 1910 that is later derogatorally called poke and sniff.
What? It basically means the USDA puts inspectors in meatpacking facilities
who will just watch what's going on. And essentially if they see a piece of meat that is like super fucking gnarly,
or like a cow that is like very obviously tripping balls,
they will like stop the line and be like, that's gross.
That was kind of the system that they put in place.
And compared to the previous system, which was literally nothing,
this is like a massive improvement.
It was like, oh, there's someone seeing
if this is like crawling with fucking rats or something, right?
It's a huge leap forward and also,
it's not gonna catch everything.
Exactly, or like really very much at all.
There's just like watching the conveyor
about looking for like the Musin X guy.
Yeah. Yeah.
Exactly.
Like, so exactly.
There's a huge number of problems that this just like is not designed to catch.
So throughout the 1950s, 60s, 70s, there's all kinds of like debates and attempts to modernize
the system.
Everyone knows that the system needs to be reformed, but they can't come up with a system
that's going to reform it effectively.
But then what finally breaks through the more asked is,
I had such a flashback reading about this.
Do you remember the 1993 E. coli outbreak at Jack in the Box?
I have heard of this.
The one that I remember better and I don't know why.
I think maybe it was a little later
and I might have been a little older,
was the Sizzler one.
There was a Sizzler one?
Yeah, 1993 Sizzler hit by food poisoning outbreak.
But like, yes, broadly, I totally have heard tell
of the Jack in the Box E. coli outbreak.
I think the reason it's so indelible for me
is that four kids died, and I think all four
were in Washington state.
Like most of the victims were in Washington state,
so I remember this being like a huge deal.
I think we stopped eating fast food for like a year,
my whole family.
Sure. The Pacific Northwest rolls deep
when it comes to cases of food poisoning
and also serial killers.
And serial killers, I know.
Plenty of full supplies of both historically.
So Mary Nistle has a good description
of the debates after the Jack in the Box E. coli outbreak,
because of course consumers, government,
everybody wanted to do something about this.
And of course the meat industry pushed back.
So this is from her book.
She says, instead of taking safety steps,
industry groups employed damage control,
they pointed out that E. coli infections were due
to under-cooking, not to the meat itself, and that consumers needed better education about food safety.
They said the recent outbreak shed light on a nationwide problem, inconsistent information
about proper cooking temperatures for hamburger. What? It's like people went to a fast food
restaurant and then their children died. And they're straight up like people just need to know more.
It's because these uninformed people didn't know how to properly cook a burr.
That's their explanation.
Exactly.
I mean, all of this shit of like consumer information, like solving problems is basically
bullshit wherever it comes up.
But this is like the most bullshit place to use that argument.
Good lord.
But then the only silver lining of this massive scandal
in 1993 is that meatpacking, supermarket,
and fast food industries actually like really improved
their practices.
So this is an excerpt from the excellent food safety blog
of Bill Marler, who's the guy who represented the families
in the class action suit against Jack
in the box. Great. From the 1993 Jack in the box E. Coli outbreak to the mid 2000s, nearly 90% of my
law firm revenue came from E. Coli cases linked to hamburger. In the 1990s, the CDC focused on E. Coli
like a laser. Consumer lawsuits were frequent and costly.
These costs prompted the government and industry to begin testing meat before it shipped
and destroying tainted meat before it could be eaten.
Industry to its credit devised interventions to prevent contamination.
And guess what?
How many E. coli cases linked to hamburger? Do I have in my office today?
One.
Hey, regulation works.
The thing is, I mean, I don't want to give the meat industry
too much credit, right?
I'm not going to be like, wow, thanks, meat industry.
But it's like, there's reputational risk
for the meat industry.
This was like really devastating to Jack Nebox's profits.
And then there was regulation,
like a whole raft of like updated USDA stuff
happened as a result of this.
The basically dramatically reduced
the risk of food poisoning in meats.
But at the same time,
much of the risk of food poisoning
has now shifted to vegetables.
And like other types of foods.
So in 1994, there's a huge salmonella outbreak in ice cream.
In 1999, there's a county fair in upstate New York
where 921 people get infected with E. coli
because the water that they were using
for like all of the drinks and ice cubes and stuff
at this county fair was infected with E. coli. It like came from a well that was infected with E. coli, because the water that they were using for like all of the drinks and ice cubes and stuff at this county fair was infected with E. coli.
It like came from a well that was infected with E. coli.
Whoa.
There was a huge outbreak in 2006.
Remember the E. coli outbreak in Spinach?
Yes, absentee-fucking-lulier, remember that?
I don't know, I don't know.
Spinach tear at the time.
Apparently California farmers still refer to it as 9.14,
because it happened on September 14th,
and it's like, it completely transformed the industry.
It's like a huge deal.
There's another outbreak in 2006 at Taco Bell
and something called Taco John
that's traced back to lettuce.
There's the 2009 outbreak in peanut butter
that killed nine people.
Boy, oh, boy.
The worst one is there's a Listeria outbreak in 2011 in cantaloupes that killed 33 people. Boy, oh boy. The worst one is there's a Listeria outbreak in 2011
in cantaloupes that killed 33 people.
Jesus Christ.
And there's outbreaks of E. coli from like cake batter,
from flour, from cheese.
There's just a much wider range of places
that you can get food-borne pathogens now
than there used to be.
And another super fucked up thing is that
the strains of pathogens are like much more virulent than they used to be. So we've all
become like junior epidemiologists in the last two years and you know we have variants of COVID.
Yeah, as witnessed by all of us suddenly know how to say the word omacron.
And they skipped new because it would have been annoying, I love it. So when we say like the E. coli outbreak,
what we're actually talking about is a variant of E. coli,
the O157H7 variant, which did not exist
before the 1980s.
And it's evolved to be able to withstand higher temperatures
and it can also withstand like more acidic conditions.
So like there's now strains of Listeria that are scarier, there's strains of Salmonella
that are scarier.
It's just like everything is getting worse.
Yeah, I will say I have a friend who is a physician assistant who is very into virology.
That's like her whole thing.
She loves to talk about viruses and her favorite viruses are herpes,
because she's like, look man,
herpes is basically living the dream.
They're doing what every virus is built to do,
which is keep your host alive for forever,
and therefore keep yourself alive for forever.
Yeah.
And when she and I have talked about, you know,
the viruses that I think are scariest to most of us.
Like COVID, like HIV, like whatever.
She's like, oh man, they're just bumbling around.
They don't know what they're doing.
It's very funny to me to think about that.
So like, this is what you're talking about
sort of in her terms would be like,
equalized getting more sophisticated.
They're becoming more resistant to treatment.
They're figuring out ways to survive longer.
That's fascinating.
And the reason for all of this
kind of dovetails with the rise of the meal kit companies.
So what they found in a lot of these outbreaks
over the last 20 years is a lot of them begin
with prepared vegetables.
So in the early 2000s, as Americans,
like we just said, want more convenient food, right? We want
our fruit to be cut up. We want to get like vegetable platters, prepared foods. People are eating
out more. It's increased our reliance on like pre-prepared foods and cutting vegetables and fruits,
often like exposes their flesh to the elements, right? You cut off the peel, one of the purposes of which is to protect it from infections, right?
So we're buying those, you know those are like trays at the grocery store, like cut up melons?
Sure, sure, sure, or like pre-chopped onion.
Right, and especially those, those like bags of salad that you get that'll be like the Caesar mix
and it'll have like three kinds of lettuce and maybe a couple croutons and like some sliced up,
like I don't know, radishes in there, something like that.
Things are being cut up and like remixed
and then put into these prepackaged servings.
At the same time, the industry has also been concentrating.
So the places where this kind of processing
is taking place are oftentimes these
like extremely
large processing facilities.
Sometimes you have like animals and agricultural products being processed on the same lots.
So the 2006 Spinach Ecoli Outbreak was traced to one field that had been a cow grazing area
but was transitioning to growing crops.
And there was just like a little bit of cow poo left over and like that was enough.
So you have this increasing intersection between animals and agriculture, right?
And then you also just have a scale that would have been totally unimaginable 50 years
ago.
So the example I keep thinking of is if you have water that is infected with salmonella,
one of these processing plants washes 100 apples with like salmonella infested water,
and now you've got apples that have salmonella on them, right?
50 years ago, you would have sent these 100 apples to a grocery store or maybe to a restaurant,
right? People would have started getting sick, you could trace the outbreak back to one store, right?
And eventually to one farm,
and you could figure out what was going on.
Whereas now, if you think about the same 100 apples,
they get sent to some processing facility,
and they get sliced up,
and three slices of each apple end up in a bag of salad
that ends up going to 500 grocery stores in 25 states.
So now, you've got 1,000ags of potentially infected salads in all these different states
where if people get sick and they report their symptoms, which is pretty rare to begin
with, but if you're reporting them, those go to state agencies.
So you wouldn't necessarily know that the outbreak in Utah and the outbreak in Oregon are
actually related to each other and it's the same fucking apples.
One of the interesting things about the daily harvest outbreak
was the way that Reddit and other forms of social media
became places for other people to realize
that they had the same thing that other people had.
Right, in the absence of like an interagency task force
or something, this becomes the way that information flows
and the way that stuff gets surfaced,
which is like feels like real ass backwards.
Right, and then of course,
also a lot of these processing facilities
have miserable working conditions.
Also in the 2006 spinach outbreak,
that was the week that the processing facility
had the most orders.
So the workers were just super busy.
A lot of the workers
at these facilities are undocumented immigrants, meaning they might not feel comfortable speaking
up about a safety issue. Yeah, they're under such great pressure to produce a certain amount
on a certain timeline, right? Like it's all those stories about like Amazon warehouses
and how many seconds they have to deliver an order at blah, blah, blah. Like it's all of that kind of like getting so focused on optimizing that productivity
that you like don't give people fucking breaks to go to the bathroom and you don't give people,
you know, time to do their job actually well.
That's something, that shift is something that long predates the meal kit companies.
That's just kind of like fresh cut, pre-prepared produce.
But the meal kit companies are like a particular problem.
So I'm going to send you an excerpt from a very good LA Times article.
Hmm.
Oh wait, uh, skip, shit.
Skip the first, skip the first line because that was my note.
I was just my little reminder.
Wait, can I read it into the microphone because it is very funny.
I mean, okay, fine.
The first bullet point just says,
is the Wild West.
Yeah.
Which now makes me very excited
in a different way for whatever this quote's gonna be.
That's how I do my notes.
Delightful.
Okay.
Okay.
Of the hundreds of companies that ship ready to heat meals
or recipes kits to US consumers,
very few are required to register with the FDA.
The firms are also not required to follow a slew of FDA safety requirements
that aim to limit the spread of food-borne illness,
ensure sanitary conditions during shipping, and improve supply chain transparency.
There's little consistency in how the firms are inspected and regulated
at the state and local level experts say.
They warn that rapid changes in the meal delivery industry combined with the slow pace of federal regulation
and the inherent uncertainty of mailing perishable food
have in effect made it impossible for U.S. health officials
to understand the scope of foodborne illnesses among meal delivery customers.
to understand the scope of foodborne illnesses among meal delivery customers. So the meal kit companies fall into this weird nether region between large-scale food processors,
which can be inspected by federal agencies and restaurants, which are inspected by local agencies.
So we're basically having a jurisdiction face off. Right. Because this industry is so new. Right.
And also these meal kits are being shipped with these like refrigerator packs, right? They're
in these like astronaut bags that like keep the food cold. But there's been
numerous studies now that have checked the food. And you know, after it sits on
your doorstep for eight hours. And like some of them have found Listeria, some of
them have found E. coli. A lot of them have found that like it doesn't stay that
cold for that long. Oh, man. A lot of them have found that it doesn't stay that cold for that long.
Oh, man.
A lot of people, again, think that your risk is eating out and they think it's about meat.
But actually, your risk is at this point, it's literally fucking everything.
Right?
And I don't want to go overboard.
I don't think the meal kit companies are uniquely dangerous.
But it's just basically that the risk is everywhere.
And there's not actually that much you can do
to protect yourself from the risk, right?
Would you ever think that you could die of Listeria
from eating fucking cantaloupes?
Yeah, good lord.
To me, it's like, I don't think like you should never
sign up for a meal kit company or whatever.
That's not the goal here.
The goal is to say that this is like a very obvious place
for decent regulation by the government.
This is like the such the job for the government.
This is not my fucking job.
Well, and the problem is upstream,
so the solution needs to be upstream, right?
Exactly.
There's not anything you can reasonably do
on the consumer and aside from like, you know, wash your food.
Yeah, wash your food, cook your food.
But like, you already, if you're listening
to the show, you already know that.
So totally.
This is not something that like individuals can solve.
And I don't wanna make people paranoid.
I was like reading all this stuff
and I was like, I'm never gonna eat again.
But also like, I don't wanna ruin food for people
or like ruin fresh-cut convenience vegetables for people
because like obviously, sometimes you don't want to cut mushrooms for 20 minutes
and you want to buy the pre-cut mushrooms.
I'm going to continue doing that.
It's fine.
Yeah, absolutely.
Like, this isn't a like, hey, get a different brand of apple cider vinegar moment.
Yeah.
This is a like, uh-oh, the whole system needs like an overhaul to figure out how to deal with this thing.
It's like a right-year Senator issue.
It's not a like. Yeah, yeah.
Yeah.
Sign up for this meal kit and not this one.
Totally.
Okay, so we are going to return to the daily harvest story.
Ooh.
A TikTok.
Have we ever watched a TikTok together before?
We've never watched a TikTok together and now that we keep talking about like, we're going
to return to daily harvest.
I'm like, man, now I wanna bowl a soup.
I know, it's smoothie.
I would eat a smoothie right now.
That sounds all right to me.
This is the thing that basically brought
the daily harvest outbreak to everyone's attention.
Because earlier it had been bouncing around on Reddit,
but unless you're in that subreddit,
you're not really paying attention.
So this is the thing that made the outbreak blow up.
I'm literally shaking right now.
Please just stay and listen to this
because it's really, really important.
About a month ago, I received a PR package from Daily Harvest.
So I ate the French Fond de Lique Crumbles
and you're gonna understand in a minute
why there's this fucking weird packaging
thrown away in my trash.
The following day, I started having an extreme stomach
in gastropane and went to the hospital, the ER in the middle of the night. When I was in the ER, they couldn't figure out what was wrong with me.
I had elevated liver levels and then there was some bacteria in my urine.
They thought I had a UTI game of antibiotics for five days. I went home.
The five days of antibiotics go by and then immediately I started getting this pain again.
But it was even worse and I had 101.8 fever. So I went to the ER a second time.
They literally tested me for everything.
Hepatitis, mono, gallstone.
I had to stay overnight in the ER,
and I literally had a CAT scan,
a ultrasound, a vaginal ultrasound,
so much blood work done.
They literally couldn't figure it out,
but I still had extremely elevated liver level.
For the last month, I still have a drink.
I'm seeing a liver specialist this week
because we need to make sure that everything's okay.
Before I went to the hospital the first time,
I had taken a photo of the food packaging
because that was the only thing
that I had done different in my routine.
That's forward.
I just got this email from their PR,
but there is now an investigation going on into this product.
And this was the one I ate and just wait.
It just started googling the product
to see if anybody else was talking about this.
People have the same exact symptoms
as what I was having elevated liver levels with
no explanation.
This person below blood work a CD scan and ultrasound and still elevated liver levels.
It's so fucked up.
Dang.
Right?
The fact that this person got their lentil leak crumbles in PR? In PR, I know.
So this is a woman named Abby Silverman.
I was not familiar with her before all this, but apparently she's like a lifestyle influencer
and according to this LA Times article, she's not like political or like doing call out
posts.
And so the fact that she was talking about this like extremely serious issue and like calling the company out and like warning other people, I guess just like hit like a bomb.
And by now there are 4,000 comments on this. A huge number of people are like, oh my god, I got this too. Abby's sort of main TikTok feed
and the TikToks that are up most recently are things
like get ready with me for my job at Cosmo
and like, bombshell hair tutorial.
So what really stuck out to me about this TikTok
is that she references an email that she got from Daily Harvest.
Huh, so it turns out that within days
of the first subreddit post about this going up,
daily harvest did actually send out an email.
So I'm gonna send you the text.
Oh, this is what daily harvest sent people
on June 17th of this year.
At daily harvest, we are committed to our customers
and we take quality and safety seriously.
A small number of customers have reported
gastrointestinal discomfort after consuming our French lentil and leak crumbles. As included
in our cooking instructions, lentils must be thoroughly cooked to an internal temperature
of 165 degrees Fahrenheit. Like some other legumes, raw lentils contain a type of protein that
can cause gastrointestinal
symptoms unless thoroughly cooked.
While cooking lentils thoroughly is always recommended, out of an abundance of caution, please
dispose of any French lentil and leak crumbles you have received and do not eat them.
You are a valued customer and we deeply appreciate your trust in us.
It is one of our core values to go above and beyond
for our customers, which goes hand in hand
with our culture of continuous improvement.
For the trouble, we have placed a $10 credit
in your account for every bag of French lentil
and leak crumbles in your last box.
Thank you for being a loyal customer.
This was not marked with like urgent.
This was not sent out with like alert, health warning.
As someone who has been in like part of these like meal baskets and whatever,
like I've done these before,
part of like joining one of these programs
is that you get 7 million emails from the company.
Yeah.
About all manner of fucking things.
So like, of course, like the default is to not shit out.
What's amazing to me is reading between the lines of this email, it sounds like a couple
people were kind of dumb and didn't cook their lentils all the way through.
Yes.
And the company is kind of patting itself on the back and going,
oh, you know, some doofuses didn't know, you're supposed to cook the food.
But anyway, just in case, if you have this product, probably don't eat it.
Right, I feel like I would probably keep eating a product
if I got an email like this.
Yeah.
A couple of people got to tell me it
because they didn't cook it enough.
One of the people quoted in the LA Times article says,
I have been hit by a car and this was worse.
No.
What people are reporting is not gastrointestinal discomfort.
Oh, my tummy hurts.
That's not what we're talking about.
People are getting their gallbladder taken out.
People are in the fucking ER.
Yeah.
Like, there is no way anybody would have considered this remotely serious,
if you got this email.
If you saw it at all.
Right.
It's a very classic sort of control the narrative move, right?
Respond to it in a very small way on your own terms,
and then you can point to it and be very small way on your own terms and then you
can point to it and be like, we responded. We responded. We talked about it. We
said this and then this is this is the most obnoxious thing. So in the in the
couple days after this, after Adi's TikTok, other people start posting on
TikTok, this kind of starts going viral all over the place. So every single
thing that daily harvest post on Instagram just gets like flooded with
comments like, why haven't you responded to this? Like people are pissed, right? And so finally,
this is five days after this initial email, the company posts again, though sort of like,
we hear you notes app sort of thing. I'm not going to read the whole thing. One of the slides says,
here are the steps we're taking. As soon as we received reports suggesting a possible link between the French,
lentil, and leak crumbles and an adverse reaction,
we immediately took action and launched a voluntary recall.
But that's not what you did.
Yeah, exactly.
It doesn't use the word recall and there's no way
you would get from that email, like,
oh shit, they're recalling a product.
The way that, like, you remember,
a two to six, there's like, don't eat spinach.
Yes.
In subsequent communications,
they keep referring to this as a recall.
And like, technically it's a recall,
because they're like, you know,
throw away the product if you have it.
But it's like, it literally says,
out of an abundance of caution.
Yeah.
But before I tell you to dispose of it,
meaning you probably don't really have to do it.
Like, this is how words work.
How much do we know about this, like,
cooking lentils thing?
Is that the likely cause?
It seems like there wouldn't be like a whole fucking FDA investigation
if it was like a known thing, right?
Well, this is what the company then starts saying
so that the framing kind of shifts.
So in June 22nd, they put out this subsequent post
being like, we've already recalled them,
but like, we're investigating all the causes.
On June 23rd, they put out a much more formal
recall announcement, like in partnership with the FDA.
The line from Daily Harvest then becomes,
we're looking into it, we're checking out,
again, this thing has like 50 fucking ingredients,
but because they send out so many emails,
because this was never kind of given the seriousness,
the last, the most recent illness report
received by the FDA is in September.
So their quote-unquote voluntary recall is in June, but people are still getting sick
from this in September.
Oh, man.
So at the same time that all of this social media firestorm is going on, the company is
getting all of this criticism, have you heard of a company called Revive?
It's like another meal kit company.
Not that I can recall.
Is that a voluntary recall, I'm sorry.
So that company also has a subreddit.
And over the same summer, there is a post on their subreddit called Revive Superfood Smoothies
Liver Issues Sickness Extreme Stomach Pain.
This didn't get as much attention as the daily harvest thing, but these revive mango and pineapple
smoothies has also created a community of people with the same symptoms.
And so people who kind of get into this and get like googling around start to put two
and two together that revive and daily harvest seem to have people with the same symptoms, and they look through the ingredients,
and the only ingredient that they share
is from a plant called Terra.
Hmm, so not, not Terra, not Terra root.
Not Terra, this is Terra like Reed.
So the revived smoothie has something called Terra protein in it, and the daily harvest crumbles
have something called Tara Flower in them. So there is a plant called Tara, which is like an
eight-foot tall tree, that only grows in the Andes, like above 9,000 feet of elevation.
And it has large pea pods, and apparently if you take the peas and grind them up,
you can make various food additives.
And it's also used as like tanning in leather.
Tara Gumm is something that's used.
It's like a stabilizer and thickener,
like soups and stuff.
And Tara Protein is like a powder that they add
to various like, you know, smoothies and foods
to like, it's just another way of adding protein, basically.
It doesn't really have a taste.
And then Terraflower appears to be totally new, and the only product that people can find
with Terraflower appears to be the French lentil and leek crumbles from daily harvest.
So totally new to like food regulators in the US, yeah?
Exactly.
Gotcha, gotcha, gotcha.
So speaking of which, this is an excerpt
from a Consumer Reports article that comes out
after the daily harvest outbreak.
Quote, outside experts that Consumer Reports consulted
were unable to locate Terraflower listed
as a food additive
at the FDA.
Quote, I can find no evidence that FDA ever reviewed tariff flour for safety.
Says Tom Neltner, Senior Director for Safer Chemicals at the Nonprofit Environmental Defense
Fund.
We ask the FDA whether tariff flour is an approved ingredient for use in food, or whether it's listed as a grass
ingredient, and whether it has undergone any FDA safety testing. After multiple requests,
the FDA would not directly answer those questions. Christ on a cracker.
Not great. That's bad, dude. I don't think we've talked about grass on the show yet, have we?
And not that I, this is my first time that I remember seeing it in a quiz show.
Yeah.
So this excerpt says, we asked the FDA whether Terraflower is an approved
ingredient or whether it's listed as grass.
So that means generally regarded as safe.
Huh.
So this comes out of an attempt by the FDA in the 1950s to deal with a bunch of scandals around
food additives.
So it became clear at the time, just like it had been with meatpacking, that there wasn't
really any regulatory system to check food additives before companies start putting them
in food, right?
All these dies, various like spices, ingredients from other countries,
all kinds of stuff was in the U.S. food supply that like no one had really checked and
companies were adding new stuff all the time and there was no process.
Man, when you were talking about this and you're like, it was the 1950s and they were trying
to figure out what they could consider to be generally regarded as safe, the first place
my brain went is like,
man, that's how we got drojets.
It is.
It's also how we got those snap on wrist bracelets.
It killed so many in the 1990s.
Tricky business.
Anyway, I was just like, man.
Yeah.
How do we got like tiny metal balls on cakes?
Yeah.
Sure, man, safe enough, why not?
But so throughout the 1950s, under huge public pressure, the FDA started working with food
companies to come up with some sort of a system because the food companies were afraid
that they were going to come up with a requirement to like prove that every single thing that
they had already been putting in their food was safe, right?
So it's like, okay, your product has pomegranate seeds in it. Prove to us that pomegranate seeds are safe, right? So it's like, okay, your product has pomegranate seeds in it.
Prove to us that pomegranate seeds are safe, right?
Prove that apples are safe.
And the companies were like,
you gotta be kidding me, we can't start over
and like build the entire US food system from scratch, right?
So the FDA basically sets up two tracks
for companies to go down.
The first, of course, is like FDA approval.
And it's like, there's a 90 day comment period
and there's this thing
and you have to submit these documents
and like it's a whole long, very difficult process.
Separately, there's a process that doesn't require
FDA approval where you can say,
no, no, no, no, no, no, no, no, no, no,
we don't need to get approved
because this ingredient is generally regarded as safe.
The idea is that it's something like apple slices.
Like, basically, give me a fucking break.
We're not gonna go through a whole FDA process
for something that everybody kind of knows is safe.
But of course, what they've basically constructed
is one extremely difficult process
and one extremely easy process.
Right?
So over the course of the subsequent 70 years, companies have increasingly
used generally regarded as safe to self-approved new food additives. Every fucking time I have
looked this up, because like this has come up in various other episodes, every time I
look this up, I think I'm like misreading something. I'm like, it can't really work like
this, can it? So there's a million studies on this like misreading something. I'm like, it can't really work like this, can it?
So there's a million studies on this.
One of the studies I read says,
many food companies self-determined their products
as grass without voluntary notification to FDA,
leading some to call the process secret grass.
Oh my God.
They just get to decide.
They just go, Mars is safe.
Yes.
In 2011, there's an analysis of around 4,200 food additives.
Like they go through one by one and test
like how they got into the US food supply.
14% of them were approved by the FDA.
They went through this like owner-s FDA approval process.
63% were determined as safe by an industry panel of the flavor and extract
manufacturers association, unbiased opinion, and 23% were estimated to result from a secret
grass self-determination by food manufacturers.
Come on!
So, one of the real problems with this is that because companies are basically able to do this themselves and they don't have to register all these food additives with the FDA is when there's an outbreak linked to a particular ingredient, the FDA can't say which products it's in.
If there's a product with Terra flower, it would be nice if the FDA could just say, ah, okay, there's actually 13 other companies that are using this in
25 other products. Let's go look at them and see if they're getting any adverse illness reports.
Sure.
But because these things aren't even registered with the FDA, it's like we can't even say where else this is in the US food supply.
So we don't know exactly what happened with Terraflower. Again, we're going on like very incomplete information because the FDA hasn't completed its
Terraflower. Again, we're going on like very incomplete information because the FDA hasn't completed its investigation yet. But a fortune article says Terraflower does not show
up in the FDA's grass database, but a source close to daily harvest told Fortune that
their supplier had confirmed the flower's use was grass indicating that the supplier made
a self declaration.
This is a legitimately complex problem of like,
how do you regulate new sort of ingredients and additives
and whatever as they come onto the market
without bringing everything to a grinding halt, right?
But like, the answer can't be like,
the company's selling it get to design.
And they mentioned in this study
that like no other country does it this way.
Yeah.
But then another really weird thing about this is that all of this might actually be
fucking moot.
Oh.
The only evidence that it all goes back to this Terra flower stuff is what the company says.
Hmm.
If I have learned anything from working on like private sector human rights violations for like
my entire NGO career, you should never trust what companies say in situations like this.
Genuinely.
I'm not saying they're lying.
I have no evidence of any other scenario.
I'm not saying the Terraflower thing.
Maybe it'll be in the FDA report.
We'll find out that is the source of all of this.
But the information we have is coming from the company.
Mike, this is like the way that you have set this up
is like the food safety version of like an Agatha Christie book.
I know. They all stabbed him.
Yeah, they all did it together.
It was Terraflower and Terra gum.
They were in coutts.
Well, another conundrum of this is that they sold 28,000 copies of the crumbles, right?
And we have, we have roughly 500 people who have reported symptoms to the company.
So that's obviously under reporting.
But if 28,000 people bought it,
it seems like not everybody has gotten sick from this, right?
So Mary and Nestle has a blog post about this specific case
where she lays out four scenarios
for like what actually happened here.
So the first is some toxic ingredient accidentally
or deliberately got into the Terra flower.
Toxic tannins from other parts of the tariff plant
got into the endosperm flower.
Huh.
Some people have unusual sensitivities to tariff proteins
or digestive products of tariff proteins.
Uh-huh.
Similar to what happens when people with celiac disease
eat gluten.
Sure.
Or some people have inborn errors of metabolism
that cause acute reactions to terror proteins.
So basically, either there's something about like all terror flower that people are reacting
to, but like we're getting under reporting of cases, or something went wrong with one
of the batches of terror, flower, whatever was in these crumbles, or some people might have
like an allergy to something in these terra plants that they just don't know
about, right?
Like all of us could be allergic to all kinds of things
that we're just not exposed to.
Or of course, the company's fucking wrong,
and it's something completely different,
and we'll find out when the FDA report comes up.
What do you think?
Let's treat it like an agatha Christie, no.
I know.
Yeah, yeah.
Who do you think, who done it?
Well, Butler.
The thing is, one of the things that I think
is totally under-addressed in most of the discourse
or a meal kit companies is that they're all outsourcing
a lot of their production.
I am not remotely mounting a defense
of daily harvest in this episode,
but there is not as of now evidence
that daily harvest did anything worse
than other meal kit companies.
Maybe we'll have that in the FDA report,
but right now, it seems like they're using suppliers
that a lot of other meal kit companies are using.
When we have a regulatory system like this
and when we have this extreme widening
of food-borne pathogen risk
to basically the entire food supply,
it was gonna be somebody, right?
It was gonna be one of the meal kit companies eventually.
So you think essentially like daily harvest sort of drew the short straw
and sort of came up first potentially?
I'm gonna wait until the FDA report comes out, but it's plausible
that this company did what everybody else was doing.
Gotcha.
It's also plausible that they did something uniquely negligent.
We don't have any behind the scenes, emails from them.
We don't know what they knew when, et cetera.
You would have to look at like,
we're daily harvest processes
different than other companies doing the same thing.
Right now, we don't know that the processes were any different.
We know that their reaction was bad,
but right now we don't know that this is the fault,
like the exclusive fault of daily harvest.
Yeah.
But you want to know the super grim epilogue to this?
Oh, no, what is it?
For months now, people have been trying to put together a class action lawsuit for this, right?
People have medical bills, people have pain and suffering, like people have been really, really materially harmed by this, right?
And so eventually they collect all of their claims under Bill Marler, the guy who represented the Jack in the box victims.
This is an excerpt from the fortune article that was like kind of a roundup of this entire story.
This is about the woman Carol Reddy, who was one of the victims of the leaks.
Gotcha.
It says,
Marler voluntarily dismissed the case last week after daily harvest filed to move the suit to arbitration. The company argued that when Ready signed up for its products, she agreed with terms of
service, including waving her right to go to court and have a trial in front of a judge
or jury.
So if you fill out the terms of service, which we all fucking do constantly throughout the
day, you're just like, whatever,, whatever I agree. Oh my god.
You're waving your ability to file a class action lawsuit.
Ooh.
Ooh.
It's bad.
So this is now an arbitration who knows what's going to happen.
Bill Marler is still pursuing a case, but the case is on behalf of children who ate the
lakes who obviously can't consent to these terms and conditions and people who got them
in PR packs.
Boy, oh boy, oh fucking boy.
So these are like the avenues that are available if this happens to you again, because there's not good regulation about this.
Like, you, it seems really fucked up to me that you can just like, sign away your rights.
I-
For sure, I thought this was gonna be like Agatha Christie novel and what it's turning out to be is a fucking
especially bleak episode of Black Mirror.
Yeah, I know.
Eventually we will find out what happened, we will keep you updated.
But right now, this is what we have based on publicly available information.
We're not gonna tell you any individual changes. Again, this is like not what we want to do with the show at all.
And so, if you like your meal kit, keep your meal kit,
but we need to have a better system of regulating companies that are selling you stuff that you put in your body.
Here's what I'll say.
We're not going to tell you to change meal kit companies or to stop using your meal kit.
We are going to tell you to peel bananas before you toss them in the blender. you