Tag: Vibrio
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Eleventh Circuit Reverses Jury Verdict in Contaminated Oyster Case
Ruling that the jury instructions were misleading, the U.S. Court of Appeals for the Eleventh Circuit has reversed a jury verdict finding for a seafood restaurant in a lawsuit involving allegations of foodborne illness. Rhodes v. Lazy Flamingo 2 Inc., No. 17-11338 (M.D. Fla., entered March 29, 2018). The plaintiffs alleged negligence per se after…
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CSPI Petitions FDA to Set Performance Standards for Shellfish Industry
The Center for Science in the Public Interest (CSPI) has petitioned the Food and Drug Administration (FDA) to establish performance standards for the shellfish industry to reduce the threat of a “naturally occurring but deadly contaminant” found primarily in raw or undercooked oysters. According to a CSPI letter to FDA Commissioner Margaret Hamburg, Vibrio vulnificus…
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FDA Denies Requests to Revoke Irradiation Rule
The Food and Drug Administration (FDA) has denied requests to delay a final rule amending food additive regulations “to provide for the safe use of ionizing radiation for the control of Vibrio species and other foodborne pathogens in fresh or frozen molluscan shellfish.” According to FDA, it has reviewed opposition to the final rule and…
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FDA Delays Raw Oyster Ban Pending Further Study
The Food and Drug Administration (FDA) has announced its intention to delay a 2011 ban on raw oysters harvested from the Gulf of Mexico during warm weather months. FDA heard from “Gulf Coast oyster harvesters, state officials, and elected representatives from across the region about the feasibility of implementing post-harvest processing or other equivalent controls”…
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Gulf States Fight FDA Raw Oyster Ban
U.S. Senators Bill Nelson (D-Fla.) and Mary Landrieu (D-La.) have introduced legislation seeking to block a Food and Drug Administration (FDA) proposal that would prohibit the distribution of raw oysters from the Gulf of Mexico during warm-weather months. “Specifically, the legislation, which was co-sponsored by Senator David Vitter (R-La.), would prevent [FDA] from using funds…