Federal court orders Louisiana food company

On July 2, a federal court barred a Louisiana company from manufacturing and distributing adulterated food products in violation of the Federal Food, Drug, and Cosmetic Act (FDCA).

In a civil complaint filed June 10, the United States alleged that Freshy Foods, LLC, Team Fresh & Go, LLC, and its owners, Floyd D. James and Ida M. James, violated the FDCA at their food processing plant in Elmwood, LA, by manufacturing and distributing adulterated food products.

Freshy Foods, LLC and Team Fresh & Go LLC manufactured and distributed ready-to-eat food products, including sandwiches and fruit cups. The complaint alleged that environmental testing in 2023 detected Listeria monocytogenes (L. mono), the pathogen that can cause listeriosis, at the defendants’ facility. The complaint also alleged that a 2023 U.S. Food and Drug Administration (FDA) inspection revealed unsanitary conditions at the facility. According to the complaint, the defendants voluntarily revoked their registration to handle FDA-regulated foods in August 2023.

“Food manufacturers must ensure the safety of their products,” said Deputy Assistant Attorney General Brian M. Boynton, chief of the Justice Department’s civil division. “The Department of Justice is working closely with the FDA to take appropriate legal action against food manufacturers that fail to comply with laws designed to protect public health.”

“The FDA will continue to emphasize that it is the responsibility of food manufacturers to ensure that they produce food under safe and sanitary conditions,” said FDA Deputy Commissioner for Human Foods Jim Jones. “When a company consistently fails to demonstrate their ability to meet their legal responsibilities, the FDA will seek to hold them accountable.”

The defendants filed an answer denying the government’s allegations but agreed to settle the case by entering into a consent decree. The order entered by the court permanently prohibits the defendants from violating the FDCA. The consent decree also requires, subject to limited exceptions, that defendants notify the FDA and comply with specific corrective actions before resuming production of FDA-regulated food products.

Trial Attorneys Colin W. Trundle and Kathryn A. Schmidt of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Sandra Lee Sears for the Eastern District of Louisiana handled the case, with assistance from Assistant Chief Counsel Sarah Rosenberg of FDA’s Office of the Chief Counsel.

The claims resolved by the consent decree are allegations only and no liability has been established.

(To sign up for a free subscription to Food Safety News, click here)