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

Roma tomatoes recalled after positive Salmonella test

Expo Fresh is recalling one lot of roma tomatoes after routine FDA testing yielded a positive Salmonella result.  No illnesses have been reported.

Taylor Farms received those tomatoes and then issued a recall for tomatoes and salads made with tomatoes. used those tomatoes in salad kits packed on two dates and were shipped on the west coast.    Two other companies, Royal Food Service and UU Foods also used the roma tomatoes and both issued notice.


The Packer
http://www.thepacker.com/fruit-vegetable-news/Expo-Fresh-Taylor-Farms-recall-roma-tomatoes-275134781.html

Expo Fresh, Taylor Farms recall roma tomatoes
09/15/2014 10:27:00 AM
Coral Beach 

Expo Fresh LLC, San Diego, is voluntarily recalling roma tomatoes because of potential salmonella contamination discovered during a routine sampling by the Food and Drug Administration.

Although no recall notice had been posted on the FDA website, Robert Schachtel, sales manager at Expo Fresh, said on Sept. 15 that the company notified all of its customers who received roma tomatoes from the single implicated lot: No. 23914-214.

No illnesses have been reported in connection with the implicated roma tomatoes, Schachtel said. He referred additional questions to the company’s attorney, who was not immediately available.

Among those receiving the recalled roma tomatoes were Taylor Farms, Salinas, Calif., which issued a recall on Sept. 13 for the tomatoes and salads containing them. The recall is not posted on the Taylor Farms website and company officials were not immediately available for comment early Sept. 15.

Recalls of Romine Lettuce and Organic Grape Tomatoes

Two produce companies are recalling product because they tested positive for a potential pathogen – romaine lettuce for Listeria, and organic grape tomatoes for Salmonella.  No illnesses were reported.

·        True Leaf Farms is expanding its voluntary recall of romaine to include 2,498 cartons of chopped or shredded romaine because of the potential of contamination with Listeria monocytogenes.  Product was delivered to 19 states.

·        Andrew Williamson Fresh Produce is expanding the geographic scope of its voluntary recall of organic grape tomatoes. Although the volume of cases from the original production lot has not changed, the company recognizes the possibility that some customers may have distributed the organic grape tomatoes beyond the original 18 states to include all states in the U.S and Canada.

True Leaf Farms Expands
Voluntary Recall of Bagged, Chopped Romaine

FDA Release 9/29/11

http://www.fda.gov/Safety/Recalls/ucm274075.htm

Contact:
Consumer:
True Leaf Farms
800-799-9475

Media:
Steve Church
831-760-620
steve@churchbrothers.com

FOR IMMEDIATE RELEASE - September 29, 2011- True Leaf Farms is expanding its voluntary recall of romaine to include 2,498 cartons of chopped or shredded romaine because of the potential of contamination with Listeria monocytogenes. The initial recalled product was shipped between September 12 and 13 to a retail food service distributor in Oregon who further distributed it to at least two additional states, Washington and Idaho.

At the request of the US Food and Drug Administration the recall notification is expanded to cover additional product shipped to wholesale food service distributors in 19 states and Alberta, Canada. The states include Alaska, Alabama, Arizona, California, Colorado, Connecticut, Florida, Illinois, Kentucky, Maryland, Minnesota, Missouri, Nevada, New York, Ohio, Oregon, Pennsylvania, Tennessee and Vermont. All the romaine affected by this recall has a "use by date" of 9/29/11.

No illnesses related to this finding have been reported.

Listeria monocytogenes is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women.

The only outlet where the romaine was available for direct consumer purchase was at Unified Grocers, Inc. Cash & Carry Smart Food Service stores in Oregon, Washington, and Idaho. The product at those outlets was packed in True Leaf Farms cardboard cartons. All bags carry a "use by date" of 9/29/11. This product was labeled as follows:

• 2# bags, chopped romaine- Bag and box code B256-46438-8

Photos of the label on these bags can be viewed at www.churchbrothers.com/recall¹. FDA notified the company that a sample taken as part of a random check from a single bag of chopped romaine tested positive for Listeria monocytogenes. True Leaf Farms is working with FDA to inform consumers of this recall. In addition, the company is working with its food service distribution customers to ensure that other romaine products that may be implicated are pulled from the market.

"We are fully cooperating with the FDA, and we are contacting all of our customers to ensure prompt removal of any product potentially associated with the recall," said Steve Church, True Leaf Farms. "We are committed to conducting this recall quickly and efficiently to reduce any risk to public health."

Anyone who has in their possession the recalled romaine as described above should not consume it, and should either destroy it or call Church Brothers, LLC for product pickup.

Consumers with questions or who need information may call Church Brothers, LLC, the sales agent for True Leaf Farms, at 1-800-799-9475, or may visit www.churchbrothers.com² for updates.

Andrew Williamson Fresh Produce Expands Possible Distribution Area of Voluntary
Organic Grape Tomato Recall Recall
Still Confined to Original Production Lot

FDA Release 9/28/11 

http://www.fda.gov/Safety/Recalls/ucm273948.htm

Contact:
Consumer
619-661-6000
info@andrew-williamson.com

Media
Mark Munger
619 661-6004 (office)
831 345-6937 (mobile)
info@andrew-williamson.com

FOR IMMEDIATE RELEASE - September 28, 2011 - Andrew Williamson Fresh Produce is expanding the geographic scope of its voluntary recall of organic grape tomatoes. Although the volume of cases from the original production lot has not changed, the company recognizes the possibility that some customers may have distributed the organic grape tomatoes beyond the original 18 states. Therefore, the company is extending the recall to all states in the U.S. The recall includes Canada, as initially indicated.

The recall notice is being issued out of an abundance of caution because one clamshell of Limited Edition organic grape tomatoes tested positive for Salmonella in a random sample collected and tested by the United States Department of Agriculture in Michigan.

Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain. In rare circumstances, infection with Salmonella can result in the organism getting into the bloodstream and producing more severe illnesses such as arterial infections (i.e., infected aneurysms), endocarditis and arthritis.

All customers who received the organic grape tomatoes directly from the company were notified on September 28 and advised to discard any existing product. No illnesses have been reported in association with this product.

The organic grape tomatoes are sold in 10.5 oz. plastic “clam shell” containers containing UPC code 033383655925, located on the front of the package, below the barcode. The containers also have the words “LIMITED EDITION” and “Product of Mexico” printed on the label. The organic grape tomatoes are also sold in 7 oz. plastic “clam shell” containers with Barcode 20025465, and marketed under the “Fresh & Easy” brand.

The voluntary recall only involves Limited Edition and Fresh & Easy™ labeled organic grape tomatoes and does not involve any other Limited Edition or Fresh & Easy™ branded produce items. Consumers who have any remaining product with UPC code 033383655925 or Barcode 20025465 should not consume it, but should instead discard it. As an added safety measure, retailers are encouraged to check their inventories and store shelves to confirm that product is no longer available for purchase. Andrew Williamson Fresh Produce customer service representatives are contacting retailers to confirm that the recalled product is removed from commerce.

“At Andrew Williamson Fresh Produce our highest priority is the safety and welfare of the consumer. We are committed to the highest standards of food safety and will continue to rigorously pursue the highest food safety levels possible,” said Fred Williamson, President and CEO.

Consumers with questions may contact Andrew Williamson Fresh Produce at 1 (619) 661-6000, Monday-Friday, 8am–5pm pacific time, or email questions to info@andrew-williamson.com.