Cheese Company Owner Sentenced 15 Months in Prison for Shipping Listeria Contaminated Cheese

The owner of a cheese company was sentenced to 15months in prison for knowingly shipping Listeria contaminated cheese.  The issue started in 2014 when Virginia regulatory officials found Listeria in the company's cheese products.   This triggered an FDA investigation which found numerous unsanitary conditions and additional products with Listeria.  While the owner agreed to clean his operation and recall product, he still went ahead and shipped product.

WFTV.com
http://www.wftv.com/news/local/florida-man-gets-15-months-for-selling-south-american-cheese-products-tainted-with-listeria/467770021
Florida man gets 15 months for selling South American cheese products tainted with listeria
Updated: Nov 16, 2016 - 11:36 AM

Feds Take Enforcement Action Against Unlawful Supplement Manufacturers

 The US Justice Department along with other Federal Departments announced that they are filing cases against a number of supplement manufacturers that "make health or disease treatment claims that are unsupported by adequate scientific evidence".  

It is about time.  There are too many of these modern day snake oil salesmen who are taking advantage of people's wanting to find that secret cure / silver bullet answer to their medical woes.  Not only are claims false, but in some cases, these drugs can be dangerous.

If you had to bet, there are more out there.  While these are probably the worst of the worst, others will continue to sell products that provide little or no benefit to consumers.

 

Department of Justice - News Release

http://www.justice.gov/opa/pr/justice-department-and-federal-partners-announce-enforcement-actions-dietary-supplement-cases

 

FOR IMMEDIATE RELEASE

Tuesday, November 17, 2015

Justice Department and Federal Partners Announce Enforcement Actions of Dietary Supplement Cases

  

Criminal Charges Brought against Bestselling Supplement Manufacturer

 

As part of a nationwide sweep, the Department of Justice and its federal partners have pursued civil and criminal cases against more than 100 makers and marketers of dietary supplements. The actions discussed today resulted from a year-long effort, beginning in November 2014, to focus enforcement resources in an area of the dietary supplement market that is causing increasing concern among health officials nationwide. In each case, the department or one of its federal partners allege the sale of supplements that contain ingredients other than those listed on the product label or the sale of products that make health or disease treatment claims that are unsupported by adequate scientific evidence.

 

Man Sentenced to 51 Months for Sales Scam - Industrial Bleach as a Miracle Drink

A Washington man was sentenced to 51 months in prison for selling an industrial chemical as  Medical Miracle Solution, MMS.  The solution, as detailed by the authorities, was sodium chlorite.  According to reports, the directions had the consumer add citric acid to this which creates chlorine dioxide, a very strong oxidizing solution.  This type of mixture is used in a number of industrial applications including use as a sanitizing solution for food contact surfaces.  But not for direct consumption.  A number of people had reported becoming ill.

The Park Doctrine and Jensen Farms

Many were surprised by the recent arrest of the Jensen Farm’s owners for selling Listeria contaminated cantaloupes that caused 33 deaths (http://pennstatefoodsafety.blogspot.com/2013/09/jenson-brothers-growers-of-tainted.html). Introducing the Park Doctrine. All responsible company officials, whether their company is manufacturing food items OR distributing food items manufactured by someone else, should be aware of the implications. 

 From the FDA Law Blog – Feb 2, 2011 (reference below):

“… a corporate official can be convicted of a misdemeanor based solely on his position of responsibility and control to prevent the underlying violation of the FDCA. There is no requirement that the official acted personally in the wrongdoing, or that he even had knowledge of it. The Supreme Court determined that the FDCA “imposes not only a positive duty to seek out and remedy violations when they occur but also, and primarily, a duty to implement measures that will insure that violations will not occur.” Park, 421 U.S. at 672.”

 This is not limited to the processors, but to those who utilize contract manufacturers. From the FDA Law Blog – May 28, 2013 (reference below):

“The letters cite Park and Dotterweich to support the legal theory that a distributor that uses contract manufacturers or labelers may be liable (or convictable) for Current Good Manufacturing Practice ("CGMP") violations by its contractors.”

This is different than the PCA Peanut Butter cases, where officials knew they were shipping contaminated product. As seen in the Jensen case, it is more of a point that they should have known and taken preventive actions.


FDA Law Blog

February 06, 2011

FDA Finally Releases “Non-binding” Park Doctrine Criteria

http://www.fdalawblog.net/fda_law_blog_hyman_phelps/2011/02/fda-finally-releases-non-binding-park-doctrine-criteria.html

By Anne K. Walsh –

Eleven months after telling Senator Grassley (in a letter available here) that “[c]riteria now have been developed for consideration in selection of misdemeanor prosecution cases and will be incorporated into the revised policies and procedures that cover appropriate use of misdemeanor prosecutions,” FDA just last week finally released those criteria. The idea behind such criteria is to increase misdemeanor prosecutions against corporate officials under the Park doctrine.