Food, Drug & Agriculture

As you undoubtedly should know by now, on April 22, 2019, the United States Attorney for the Southern District of New York entered into a Deferred Prosecution Agreement (the “Agreement”) with the Rochester Drug Co-operative, Inc. (“RDC”). Specifically, the government announced that “RDC agreed to accept responsibility for its conduct by making admissions and stipulating to the accuracy of an extensive Statement of Facts, pay a $20 million penalty, reform and enhance its Controlled…
Kentucky “Point of Service” tied to unopened, intact, packages of ground beef collected as part of the ongoing investigation tested positive for E. coli O103 at an FSIS laboratory. Grant Park Packing, a Franklin Park, Ill. establishment, is recalling approximately 53,200 pounds of raw ground beef products that may be contaminated with E. coli O103, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today. The bulk raw ground beef was produced…
The CDC, public health and regulatory officials in several states, and the U.S. Food and Drug AdministrationExternal are investigating a multistate outbreak of Salmonella Carrau infections. Public health investigators are using the PulseNet system to identify illnesses that may be part of this outbreak. PulseNet is the national subtyping network of public health and food regulatory agency laboratories coordinated by CDC. DNA fingerprinting is performed on Salmonella bacteria isolated from ill people by using techniques called pulsed-field gel electrophoresis (PFGE) and whole genome sequencing (WGS).…
On several occasions, the latest being March 27, 2019, we blogged about the Iowa “ag gag” law, which made it a criminal offense for persons to use false representations to gain access to farms and ranches for the purpose of exposing animal rights abuses. The District Court in Iowa held that the statute violated the First Amendment. The Iowa legislature has now amended the statute in an effort to avoid the constitutional issue. The…
The Salmonella lawyers of Marler Clark have many years of experience working with clients on Salmonella outbreak lawsuits. Salmonella is one of the most common intestinal infections in the United States. Salmonellosis (the disease caused by Salmonella) is the second most common foodborne illness. It is estimated that: ·         1.4 million cases of salmonellosis occur each year in the U.S. ·         95% of those cases are foodborne-related ·         Approximately 220 of each 1000 cases result…
Marler Clark, the food safety law firm, is investigating the Salmonella outbreak linked to Caito Foods LLC of Indianapolis, Indiana.  The CDC, public health and regulatory officials in several states, and the U.S. Food and Drug Administration are investigating a multistate outbreak of Salmonella Carrau infections that has sickened 117 in 10 states, putting 32 in the hospital. “Salmonella sickens over 1 million American’s yearly, killing hundreds and leaving some with life-long medical problems,” said Marler Clark managing…
Second Salmonella Outbreak in the last two years. CDC, public health and regulatory officials in several states, and the U.S. Food and Drug AdministrationExternal are investigating a multistate outbreak of Salmonella Carrau infections. Public health investigators are using the PulseNet system to identify illnesses that may be part of this outbreak. PulseNet is the national subtyping network of public health and food regulatory agency laboratories coordinated by CDC. DNA fingerprinting is performed on Salmonella bacteria isolated from ill people by using techniques…
FDA inspectors found Listeria in 19 of the plants (21 percent) and Salmonella in one More than half of the facilities (45) had 39 objectionable and 39 insanitary practices Six facilities were selected for extremely unsanitary practices The findings prompted three voluntary recalls, According to an FDA Press Release today:   “Inspecting food facilities and collecting and testing samples from the environment where foods are produced are two of the many ways the FDA works…
Today, FDA published a draft guidance on ways to prepare, plan, and work with the FDA to ensure voluntary recalls are initiated properly and timely. The draft guidance, titled “Initiation of Voluntary Recalls Under 21 CFR Part 7, Subpart C,” applies to voluntary recalls of all products subject to FDA’s jurisdiction, including food, drug, and devices intended for human or animal use, any cosmetic and biological product intended for human use, any tobacco…
The Family Smoking Prevention and Tobacco Control Act requires the FDA to issue regulations that require color graphics depicting the health consequences of smoking on cigarette packages and in cigarette advertisements. As we previously reported here, on September 5, 2018, the U.S. District Court for the District of Massachusetts found that the FDA “unlawfully withheld” and “unreasonably delayed” the promulgation of a rule mandating color graphic warnings for cigarettes.…