The U.S. Food and Drug Administration (FDA), is seeking a preliminary injunction against New York City Fish, Inc. and several of its employees for manufacturing and distributing ready-to-eat fish products under insanitary conditions causing them to become adulterated. The products have been sold in stores in Maryland, Massachusetts, Pennsylvania, and New Jersey.
The U.S. Department of Justice filed for the injunction on behalf the FDA in U.S. District Court for the Eastern District of New York to prevent the company from distributing smoked and cured fish products until it is in compliance with the Federal Food Drug and Cosmetic Act (Act). “These companies have ignored previous warnings by the FDA and have continued to produce and distribute products in violation of federal law,” Melinda Plaisier, the FDA’s acting associate commissioner for regulatory affairs said in a statement. “This lawsuit shows that the FDA will aim to protect public health by seeking enforcement action against companies that are identified as violating federal requirements.”
Since 2006, the FDA has conducted seven inspections of New York City Fish and found Listeria monocytogenes during six of them. Listeria can cause a serious, sometimes fatal infection called listeriosis. Young children, seniors and those with compromised immune systems are especially vulnerable. Among pregnant women, listeriosis can cause miscarriage or stillbirth.
Inspectors also found that the company failed to verify required records in a timely manner, implement required corrective actions and lacked a Hazard Analysis Critical Control Point (HACCP) plan for their seafood products which is required for all manufacturers of seafood products.
