Food & Beverage Litigation & Regulatory Update

Tag: pathogen

  • Food Manufacturer Sentenced to Prison for Selling Contaminated Cheese

    Christian Rivas, owner of Oasis Brands Inc., has been sentenced to 15 months in prison for two charges that he sold cheese contaminated with Listeria monocytogenes after the U.S. Food and Drug Administration (FDA) instructed the company to stop distribution until it remedied its practices. FDA inspected Oasis in August 2014, found several violations and…

  • Humane Society Files FTC Complaint on Chicken Welfare in Egg Production

    The Humane Society of the United States (HSUS) has reportedly filed a complaint with the U.S. Federal Trade Commission (FTC) urging the agency to investigate Natural Pasteurized Eggs, producer of Davidson’s eggs, because the company allegedly keeps its “birds permanently locked in cages so tightly they can’t even spread their wings.” HSUS argues the packaging…

  • Chipotle Reaches Settlement in Tainted Food Litigation; Hit with New Employment Lawsuit in California

    Chipotle Mexican Grill Inc. and its customers who consumed tainted food during outbreaks of E. Coli, Salmonella and norovirus have reportedly reached a settlement agreement. Terms of the agreement were not disclosed except for one class member’s request to receive vouchers for free burritos. One case in the litigation is still pending. See The Denver…

  • HHS Adds New Anthrax Strain to List of Select Agents and Toxins

    The Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) have announced the addition of an emerging Bacillus cereus strain that causes anthrax-like disease to the HHS list of Select Agents and Toxins. “Bacillus cereus Biovar anthracis is a recently recognized, emerging pathogen[] that has all the virulence characteristics…

  • Lawsuits Allege Scallops Caused Hepatitis Outbreak in Hawaii

    Two consumers have filed lawsuits against Genki Sushi, Koha Foods and Sea Port Products Corp. alleging they distributed contaminated scallops linked to as many as 206 infections of Hepatitis A. Mauk v. Genki Sushi USA Inc., No. 16-1-1573-08 (Haw. Cir. Ct., filed August 16, 2016); Cuelho v. Genki Sushi USA Inc., No. 16-1-1612-08 (Haw. Cir.…

  • Texas Fines Blue Bell $850,000 for Listeria Outbreak, with Conditions

    The Texas Department of State Health Services has announced that Blue Bell Creameries must pay $850,000 in connection with a 2015 outbreak of Listeria monocytogenes linked to the company’s ice cream manufacturing facilities. Blue Bell must pay $175,000 within 30 days, but the remaining balance of $675,000 will not be due if the company follows…

  • Eighth Circuit Upholds Prison Sentences for Egg Execs

    The Eighth Circuit Court of Appeals has upheld the legality of three-month prison sentences handed down to former Quality Egg, LLC executives Austin “Jack” DeCoster and his son Peter, former officials of the company deemed responsible for a 2010 Salmonella outbreak traced to its Iowa egg farms. United States v. Quality Egg, LLC, No. 15-1890…

  • Former FDA Commissioner Examines Increasing DOJ Actions Against Food Companies

    Former U.S. Food and Drug Administration (FDA) Commissioner for Foods David Acheson has authored an article warning food company officials to prioritize food safety in light of the U.S. Department of Justice’s (DOJ’s) increasing prosecutions against executives of food companies responsible for pathogen outbreaks. Acheson describes the Park Doctrine, which allows the government to seek…