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The Curious Case of the Spanish Cucumber - A Lesson on Proportionality
Abstract
An erroneous report from the German government pointing to the Spanish cucumber as the source of the deadliest E. Coli outbreak in modern history presents an interesting case, in the context of EU law, on the extent a Member State can take action to arrest a public health crisis and the observance of the principle of proportionality.It is recognized that Member States have wide discretion in cases where the health and life of humans are at risk. This broad discretion is reinforced by the availability of the precautionary principle in addressing potential risks. However, while the precautionary principle gives Member States much leeway in matters of public health, Member States must be reminded that the all-encompassing principle of proportionality must be respected.Despite the dramatic impact of Germany’s erroneous report on the functioning of the internal market, the Commission and even private individuals have so far been unwilling to take legal action against Germany, thus missing the opportunity to establish observable standards for Member State action in cases of genuine health risks and to create a method of accountability and reparation for incorrect and/or incomplete disclosure of scientific studies. Nevertheless, the effects of Germany’s erroneous report on the agricultural sector teach us that Member States must work closely together to avoid a situation of panic. A well-reasoned, transparent and objective report, utilizing the resources of all Member States involved and perhaps even the Commission, can thus prevent another ‘killer cucumber’ scare.
... In this case, the Hamburg authorities incorrectly attributed the outbreak to cucumbers from Spain, prompting an alert against the consumption of tomatoes, lettuce and cucumbers and impacting all horticulture products from the region. Despite later acknowledgment that the outbreak did not originate in Spain, the damage was done as the "official" source had already been reported in the press (Pasiliao, 2012). Consumption was severely affected, leading to a drastic fall in prices in both national and export markets (Pérez-Mesa et al., 2019). ...
... Table 1 outlines the crises experienced by the sector, with a notable focus on immigrant workers' status and environmental concerns. It is crucial to note that health issues related to pesticide traces ceased to be the dominant topic after 2011, following a false accusation of deaths attributed to E. coli-contaminated Spanish vegetables (Pasiliao, 2012). Over the past decade, a single Rapid Alert System for Food and Feed (RASS) incident occurred, involving pesticides in Spanish fruit and vegetables, specifically melons. ...
The contemporary media narratives frequently exhibit significant contradictions due to the influence of diverse interests. In this context, the framing of information assumes critical importance in shaping consumer opinions, necessitating a comprehensive examination of its management. This article investigates the portrayal of crises in the agri-food sector within the mass media when not anchored in objective and verifiable facts, thereby exerting a con-sequential impact on the sector's reputation and public image. Specifically, a detailed analysis is conducted on the greenhouse horticulture sector in southeast Spain, recognized as the primary European supplier. Examination of these news items uncovers a discernible bias in the disseminated information, resulting in an information asymmetry between farmers and consumers. As a remedy for the affected sector, the current study advocates the implementation of a proactive crisis detection and management model grounded in the development and dissemination of verifiable information.
This article deals with the actual expectations of consumers on food safety and their predictable behaviour in case of foodborne outbreaks. We start from the concepts developed in the microeconomic theories of behavior in relation to risk and we present an overview of the purchase process for risky products for both sanitary crises (what we denote the 'immediate risk') and for long-term processes (what we denote 'diffuse risk'). We show the reason why the consumer has a specific behavior with respect to the sanitary risk and that this behavior is difficult to reconcile with the classical theory of expected utility. Behavioral biases such as the denial of risk or non-rational boycott are instead much more frequently observed in reality, which leads us to believe that safety should be regarded more as a due and not as a demand for quality in the economic sense.
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