Food & Beverage Litigation & Regulatory Update

Tag: pathogen

  • Shook Lawyers Address Tomato Growers’ Taking Claim Ruling in Law360

    Agribusiness & Food Safety Associates Ann Havelka and Jara Settles have co-authored an article titled “FDA Warning Isn’t Enough Proof for Takings Claim” published on October 17, 2014, by Law360. The authors discuss a recent Court of Federal Claims ruling that rebuffed a takings claim filed by tomato growers who alleged that a 2008 Food and…

  • WTO Rejects Indian Restrictions on U.S. Poultry Imports

    A World Trade Organization (WTO) dispute settlement panel has found that a series of food safety restrictions imposed by the Indian government on imports of U.S. poultry products was based on the inaccurate proposition that U.S. poultry was more likely to carry bird flu. India failed to distinguish between high-pathogenic bird flu that had not…

  • PCA Executives Seek New Trial

    Stewart Parnell, former CEO of Peanut Corp. of America (PCA), and his brother Michael Parnell, former vice president of sales, have filed a joint motion for a new trial following their recent convictions on charges stemming from a Salmonella outbreak traced to their peanut processing facilities. United States v. Parnell, 13-12 (M.D. Ga., motion filed October 7).…

  • FDA Warnings on Salmonella in Tomatoes Not a Taking, Court Says

    The U.S. Court of Federal Claims has ruled that the U.S. Food and Drug Administration (FDA) is not required to compensate tomato growers for a regulatory taking after incorrectly warning the public in 2008 that a Salmonella outbreak was linked to tomatoes. Dimare Fresh Inc. v. U.S., No. 13-519 (Fed. Cl., order entered September 18,…

  • Federal Court Allows Suit Against Cantaloupe Farm Auditing Firm

    A federal court in Maryland has allowed the personal representative of the estate of a man who died in 2011 during a nationwide Listeria outbreak linked to a Colorado cantaloupe farm to sue the company responsible for auditing the cantaloupe producer’s processing facilities, finding that it owed him a duty of care. Wells Lloyd v.…

  • Citizen Petition Calls on USDA to Declare Salmonella Strains Adulterants

    The Center for Science in the Public Interest (CSPI) has filed a citizen petition with the U.S. Department of Agriculture (USDA) seeking a declaration that four antibiotic-resistant (ABR) strains of Salmonella are adulterants under federal law. This is CSPI’s second petition on the matter and attempts to respond to data gaps identified by USDA’s Food…

  • Jurors Convict Peanut Corp. of America Defendants in Salmonella Outbreak

    Following a seven-week trial in Albany, Georgia, a jury has reportedly convicted former Peanut Corp. of America owner Stewart Parnell, his brother Michael Parnell and quality assurance manager Mary Wilkerson on charges stemming from a 2008-2009 Salmonella outbreak that sickened hundreds of people nationwide and was linked to nine deaths. United States v. Parnell, No.…

  • Peanut Corp. of America Salmonella Outbreak Trial Nears End

    Defense counsel and a U.S. attorney made their closing arguments September 11-12, 2014, in the criminal trial of three former Peanut Corp. of America officials and employees who were charged with mail and wire fraud, obstruction, conspiracy, and other counts relating to a nationwide 2008-2009 Salmonella outbreak linked to the company’s Blakely, Georgia, facility. United States…