As the investigation into the E. coli outbreak involving Nestlé Toll House cookie dough continues, the WSJ has obtained documents showing that the company refused to give the FDA access to certain records, such as those involving pest-control and consumer complaints, during earlier inspections in recent years. Companies aren’t required to by law to open up their books, but many food companies do, an FDA official told the WSJ. The agency can only demand access to records if it shows “a reasonable belief” that the foods are a serious health threat. To date, the E. coli outbreak outbreak involving Nestlé cookie dough has affected 69 people — mostly adolescent girls — including 34 who

have required hospitalization. (See here for the latest on numbers.) Nestlé recalled the cookie dough a week ago. U.S. efforts to prevent food-contamination illnesses have been criticized for the poor communication and coordination between state, local and federal authorities. Legislation currently working its way through Congress would stiffen requirements for food companies, calling for them to keep more records and give the FDA access during inspections. The legislation would “really change the dynamics of the situation”, Stuart Pape, managing partner at Patton Boggs LLP who has represented the food industry for 35 years, told the WSJ. Photo: Getty Images

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Nestlé Said No to FDA Inspectors in Past