Court Upholds FDA Not Negligent in Issuing Warning in 2008 Salmonella Outbreak

The US Court of Appeals upheld the ruling that FDA did not negligently issue a warning about tomatoes contaminated with Salmonella as part of the 2008 Salmonella outbreak. In this case where 1442 people reported illness after eating salsa. FDA initially issued a warning that tomatoes were the likely source, but later it was discovered it was the peppers. Of course, this warning resulted in many tomatoes going unsold as people avoided them. "The court determined that the warning properly fell within the discretionary function exception of the Federal Tort Claims Act and that the district court "ruling was essential to protect FDA's vital role in safeguarding the public food supply."

This case points to the pressure on reporting potential sources of contamination versus the economic impact of a misdiagnosis of the real source. In this case, the tomato industry last millions of dollars. The impact of newer technologies, specifically whole genome sequencing, will benefit these types of investigations.

Penn State Law - The Agricultural Law Brief
https://pennstatelaw.psu.edu/academics/research-centers/center-agricultural-and-shale-law/agricultural-law-brief
JANUARY 2017
Food Safety: Court Rules FDA did not Negligently Issue Salmonella Warning