Court Enjoins Freshy Foods, LLC From Distributing Food

A court in Louisiana has enjoined Freshy Foods, LLC from distributing adulterated food, according to the Justice Department. In a civil complaint filed on June 10, 2024, 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 facility in Elmwood, Louisiana by manufacturing and distributing adulterated food products.

The company manufactured ready to eat food products, including fruit cups and sandwiches. The complaint alleged that environmental tests in 2023 found Listeria monocytogenes, the pathogen that can cause listeriosis, in the defendants’ facility. The complaint also alleged that a 2023 FDA inspection identified insanitary conditions at the facility. According to the complaint, the defendants voluntarily withdrew their registration to process FDA-regulated food in August 2023.

Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said in a statement, “Food manufacturers must ensure the safety of their food products. The Justice Department works closely with the FDA to pursue appropriate legal actions against food manufacturers who fail to adhere to laws designed to protect public health.”

Deputy Commissioner Jim Jones for Human Foods at the FDA added, ‘The FDA will continue to stress that it’s the responsibility of food manufacturers to ensure they are producing food under safe and sanitary conditions. When a company consistently fails to demonstrate that they are capable of upholding their legal responsibilities, the FDA will seek to hold them accountable.”

he defendants filed an answer denying the government’s allegations, but also agreed to settle the suit by entering into a consent decree. The order entered by the court permanently enjoins the defendants from violating the FDCA. The consent decree also requires, subject to limited exceptions, that the defendants notify FDA and comply with specific remedial measures prior to resuming the manufacture of any FDA-regulated food products.