April 18, 2019

Civil Compliant Filed Against Freshy Foods For Selling Adulterated Food

A civil complaint was filed against Freshy Foods, LLC of Elmwood, Louisiana to stop them from “manufacturing and distributing adulterated food in violation of federal law,” according to the Department of Justice. This complaint was filed at the request of the Food and Drug Administration (FDA).

Freshy Foods Civil Complaint Listeria Monocytogenes

The defendants prepare, manufacture, process, pack, label, hold, and distribute ready-to-eat foods such as wraps, salads, sandwiches, snack cups, and fruit cups. The complaint alleges that this food is contaminated, since FDA inspectors found evidence of resident Listeria monocytogenes in the facility.

An inspection in July 2017 uncovered the pathogenic bacteria. In addition, the complaint alleges that federal and state authorities have found Listeria monocytogenes in the facility or in the ready-to-eat sandwiches on six separate occasions. There is zero tolerance for this pathogenic bacteria on ready-to-eat foods in the United States.

According to news reports, the company refused to recall their food products after the pathogenic bacteria was found in their facility and products.

Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division said in a statement, “The Department of Justice is committed to ensuring that food manufacturers and distributors comply with laws designed to protect consumers. The Department of Justice continues to work actively with the FDA to ensure that consumers are protected from potentially unsafe food.”

The Florida Department of Agriculture and Consumer Services found Listeria monocytogenes in one of the company’s sandwiches in 2013 and in 2016. Three environmental samples taken from the facility tested positive for Listeria monocytogenes in June 2017. The FDA compared positive samples collected in December 2013, April 2016, March 2016, April 2017, June 2017, and July 20167 and identified a resident strain that had persisted since at least 2013.

U.S. Attorney Duane A. Evans for the Eastern District of Louisiana said, “Southeast Louisiana is famous for its delicious food and regardless of where it is ultimately consumed, food originating from our District should be safe. This complaint furthers the Eastern District of Louisiana’s mission to protect and improve the quality of life for consumers both here and throughout the states where Freshy Foods, LLC’s products are distributed.”

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