Terrific Advocacy E-mail from Stacy Larmeu

Earlier today a local morning radio program took on the topic of whether or not the FDA should regulate the safety of raw oysters.  Of course, it seemed as though the majority of individuals were opposed to the FDA implementing any rules or guidelines.  I am sure these individuals would feel differently if they had lost a family member from innocently eating raw oysters without being aware of the risk of death.

A listener followed up the radio program this morning  with the following brilliantly worded e-mail.

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RE:  WJBO’s 10/28/2009 morning talk radio (Addressed to Kevin Meeks and Matthew Kennedy:

1.  One of you asked something along the lines of, “What if the government makes you pasteurize milk?”  Just FYI–  The government DOES regulate pasteurization of milk.  Milk is HIGHLY perishable, and as such, must be pasteurized to hold in the dairy case without making you sick.  It contains live organisms just as any mother’s milk does.  It is one of the most highly perishable products in the store.  The older the fresh milk is, or the more improperly handled it is, the more it becomes a risky beverage. As a result, pasteurization happens early in the “life” of milk to protect the consumer.

2.  Pasteurization of milk is a DIFFERENT PROCESS from pasteurization of raw oysters, by the way.  Oyster pasteurization is NOT a heat process!  What is raw oyster pasteurization?  It isn’t poaching with heat or anything like that.  Look up http://www.rawoysteralert.com/ to learn about the process.  It is a cold process, and don’t we all love cold oysters?  The oysters aren’t partially cooked in the process or anything like that. Callers said things that led me to believe they didn’t even know what raw oyster pasteurization is.  Pasteurization of milk is a DIFFERENT process than this is.  The oysters are still cold raw oysters after pasteurization.

3.  Some callers said the taste or texture of pasteurized oysters is different, less salty, or bad.  Did you find out if those callers or members of their families are a part of the raw oyster industry or lobby?  I am a Cajun gal from down the bayou, and I noted NO taste difference.  Everyone knows that seasonal variations in texture and taste of raw oysters is normal and not necessarily due to pasteurization.  However, raw oyster industry people or lobbyists will attribute any difference they note to the pasteurization and not to natural variances.  I contend that taste, appearance and texture differences of oysters are affected by MANY factors.  One can’t choose to say that just one of those factors is the cause and try to use that as justification for or against pasteurization.

4.  A caller said that he had eaten pasteurized oysters, and was questioned about where.  He said he ate them in Florida.  I don’t know about the laws there, but California is ahead of the game by having laws in place to protect their consumers.   Why does Louisiana choose not to do this?  Follow the money in our state, and I think you’ll find the answer to that question.

5.  Jennie called in to support the ban.  She mentioned her father’s death due to consuming Vibrio in raw oysters served at a local Baton Rouge restaurant, and you asked if her father had a pre-existing disease or liver disorder. She answered yes, but not one they were aware of BEFORE he ate the oysters. You stated the warning from the labels and implied that he shouldn’t have eaten the oysters. You cut her call off immediately, leaving the impression you were blaming her dad and all victims because they had an UNKNOWN pre-existing condition and still ate raw oysters.  We are ALL at risk of this same experience. Also, the opponents of raw oyster pasteurization commonly take this tactic of blaming the victim rather than taking responsibility for their part in this issue.

You can learn about the issue at http://www.rawoysteralert.com/ and related links on the site.  The problem is two-fold:

a.  Weakened immune systems:  The labeling says that eating raw oysters if you have a pre-existing medical condition or weakened immune system can make you ill.   The labeling causes the average reader to think this risk only applies to someone with HIV/AIDs or something similarly serious.  It does NOT say that carrying ANY common virus like a cold– or any hidden minor bug– is enough to open the door to SERIOUS illness and possible DEATH.  Just taking many common over-the-counter medications for minor things and/or some herbal products can affect liver function enough to open this dangerous doorway.  Most people are walking around with some form of “weakened immune system” without even knowing it.  We are ALL at risk of Vibrio illness/death from eating unpasteurized raw oysters, not just those who have known weakened immune systems.

b.  The labeling:  It makes the reader think that eating raw oysters may make you ill.  It just says there is “a risk” associated with eating the oysters.  It does not say that if the oyster is infected with Vibrio, you can die a gruesome death within as little as 24 hours of eating the oysters.  Just Google “Vibrio infection” and related keyword images to see the “joys” of Vibrio.

The weak, vague, harmless-sounding wording of the warning label gives the industry an “out” in the case of law suit due to serious illness or death.  Here is the wording from http://www.gulfoysters.org/warn.cfm :  “As in the case with consuming other raw protein products, there is a risk associated with consuming raw shellfish. If you suffer from chronic illness of the liver, stomach, or blood, or have other immune disorders, do not eat these products raw. LR40.5″

Notice the use of the words “risk, “chronic illness,” and “immune disorders?”  The wording is purposefully vague.  You got sick?  You died?  Now the opponents of improved labeling and/or raw oyster pasteurization have ways to blame the victim and to minimize the liability of the industry.

6.  The cost?  The raw oyster industry is complaining, but would YOU pay a dollar or more per BAG of oysters to avoid killing your loved ones?  Imagine taking YOUR dad out to celebrate a birthday by  buying him raw oysters, and it leading to his death from Vibrio bacteria.  Would you have been willing to pay a few dollars more to the raw oyster industry to avoid that ever happening in the first place?

What is the value of the 15 deaths quoted in your radio show today due to consuming unpasteurized raw oysters?  When does a person’s life have enough value for you to say it matters?  I say ONE needless death due to raw oyster industry profits rather than consumer protection is TOO MUCH.  The cost could be passed to the consumer.  People who love oysters will still eat them.  There is no substitute.  It has been said that the cost to the consumer would only be a few dollars more per BAG of oysters.  Geeesh, I’d pay it.

7.  Lastly, this isn’t Big Brother sticking its nose in where it doesn’t belong.  If 15 people in the state died from eating oysters, how about this comparison–  There is a basket of loaded guns.  15 of those guns will definitely be loaded and kill you.  The rest are unloaded.  Everyone in the state gets one and has to hold it to his/her head and fire.  Would you take a gun?  You might, and that would be YOUR choice, but ONLY if you fully know the risk.

But at what point should Big Brother require a CLEAR warning so you are making a CLEAR and EDUCATED choice when you grab one of those guns and fire it at your brain?  The raw oyster labeling needs to be CLEAR and aimed at FULLY protecting the consumer–NOT the oyster lobby.  And if they won’t do this, at a minimum, they need to require pasteurization.

Let’s not get into how few inspectors there are to monitor the bag tag protocols… and how few restaurants follow proper procedure regarding handling the bag tags… and how few restaurants use proper record keeping of the bag tags (as required by law) so that illnesses and deaths can be followed back to the oyster bed to avoid anyone else getting ill or dying from the same source.

Stacy

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