The recent FOIA request to the USDA's Food Safety and Inspection Service (FSIS) regarding the Boar's Head liverwurst outbreak has revealed a disturbing lack of accountability and transparency. The request, made by Bill Marler, an accomplished personal injury lawyer and food safety expert, aimed to uncover the status of any law-enforcement hold or referral related to the outbreak and any records between FSIS and the Department of Justice (DOJ).
The response, a 78-page document released under FOIA No. 2026-FSIS-00209-F, is a non-answer. It provides a detailed account of the grim situation at the Jarratt plant, including product residue, insects, black mold, and water leaks, which were documented as early as 2022. However, it fails to address the core questions of accountability and transparency.
The absence of any mention of the DOJ or the USDA Inspector General's review of the inspectors' actions is particularly concerning. The law-enforcement exemption that once shielded these records has evaporated, indicating a cooling of the interference concern. However, the response does not provide any clarity on whether a criminal matter has been referred out or wound down.
Marler's advocacy work has led to testimony before Congress, and his blog reaches 1 million readers annually. He emphasizes the need for an answer to a fair and narrow question: is anyone still working on this case, and will the public ever be told how it ends? The 78-page release, which hands back the inspection records we already had, is a shrug dressed up as a determination.
The outbreak has resulted in the deaths of ten people and hospitalizations of fifty-nine. The families of the victims are still waiting for justice. Marler's commitment to making food safe enough that families no longer need lawyers like him is evident in his continued pursuit of answers and accountability.
