July 23, 2024

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 … [Read more...]

Tony Downs Food Violated Child Labor Laws, Enters Consent Decree

Tony Downs Food violated child labor laws, according to the Minnesota Department of Labor and Industry (DLI), and has entered a consent decree to comply with those laws. The company's production facilities are in Madelia, Minnesota. An investigation by the Minnesota Department of Labor and Industry of the company found that they employed at least eight children between the ages of 14 and 17 to operate meat-processing equipment. The children operated meat grinders, ovens, and forklifts during overnight shifts. One child was only 13 years old. State child labor laws prohibit minors from working in hazardous occupations. The audit period was from January 26, 201 through January 26, 2023. When the investigation began, DLI investigators asked the district court to issue a temporary … [Read more...]

Noble Family Dairy Pleads Guilty to Violating Clean Water Act

Noble Family Dairy in Southern Oregon has pleaded guilty to violating the Clean Water Act by negligently discharging cow manure into a nearby creek and river, according to the Justice Department. Noble Marital Trust, doing business as Noble Family Dairy, pleaded guilty to one count in violation of a National Pollution Discharge Elimination System (NPDES) permit. They were ordered to pay a $25,000 fine. Nathan J. Lichvarcik, Chief of the U.S. Attorney’s Office Eugene and Medford Branch Offices said in a statement, "By disregarding the maximum number of cattle allowed by its waste management permit, the Noble Family Dairy caused significant environmental harm to two waterways shared and enjoyed by countless Rogue Valley residents and visitors. Our nation’s environmental laws exist to … [Read more...]

Child Labor at JBS Meat Packing Plants Uncovered in Lawsuit

Child labor at JBS meat packing plants in Minnesota and Nebraska has allegedly been uncovered in a court injunction. No employer in the United States can use any oppressive child labor in commerce or in the production of goods for commerce. Children aged 14 and 15 can be employed outside school hours but only in specified non-manufacturing and non-hazardous jobs, for limited periods of time and under specific conditions. Children were allegedly seen working on the killing floor, which is specifically prohibited under the Department of Labor's Child Labor Regulations. Children are only allowed to be messengers on killing floors, or similar occupations that require them to enter the area infrequently and only for short periods of time. No child may work on "meat patty forming … [Read more...]

Court Enjoins Company From Distributing Adulterated Supplements

A federal court has permanently enjoined an Arizona company from distributing adulterated supplements. The complaint, which was filed on October 12, 2022, enjoined Global Vitality, Inc., doing business as Enzyme Process International, from distributing these adulterated supplements, which were also misbranded. The complaint was filed in the U.S. District Court of the District of Arizona. FDA alleges that inspectors visited the Global Vitality facility in Chandler, Arizona many times, in 2012, 2014, 2016, 2019, and in June and July 2021, and found violations of regulatory requirements meant to control the risk of hazards in dietary supplements. The government also alleges that the company failed to follow current good manufacturing practices for dietary supplements. In addition, a … [Read more...]

Complaint Filed Against Cali Rice Valley For FDCA Violations

A complaint has been filed against Cali Rice Valley Inc. for violations of the Federal Food, Drug and Cosmetic Act. The complaint alleges that the food manufacturer, which is located in Antioch, California, is making and selling adulterated and misbranded noodle products. The civil compliant for permanent injunction was filed on October 12, 2022. The U.S. alleges that Cuong T. Do, through his business, Cali Rice Valley Inc., failed to follow preventive controls requirements and caused uncooked and ready to eat wheat and rice noodles to become adulterated and misbranded. The complaint was filed in the U.S. District Court for the Northern District of California. Its alleges that FDA investigators visited the company's facility in 2021 and 2022 and found insanitary conditions, such … [Read more...]

Complaint Against Wellness Warrior For COVID-19 Consumer Act Violations

The Department of Justice and the Federal Trade Commission (FTC) have filed a civil consumer complaint against Wellness Warrior for alleged violations of the COVID-19 Consumer Protection Act. This is the first enforcement action that alleges violations of this Act. The complaint was filed in the U.S. District Court for the Eastern District of Missouri. According to the complaint, the defendants advertised that their vitamin D and zinc nutritional supplements could "prevent or treat COVID-19." There is no reliable or competent scientific evidence to support these claims, according to the complaint. And the defendants allegedly advertised that their supplements were "equally or more effective therapies for COVID-19 than the currently available vaccines." The government is claiming … [Read more...]

Dietary Supplement Executive Sentenced For Fraudulent Sales

A dietary supplement executive has been sentenced to prison in a Texas federal court for his role in fraudulently seeing popular workout supplements, according to the U.S. Department of Justice. Former S.K. Laboratories Vice President Sitesh Patel of Irvine, California, was sentenced to 41 months imprisonment and one year of supervised release by U.S. District Juge Sam A. Lindsay. According to documents that were filed intros case, Patel "Patel played a key role in developing and manufacturing the popular workout and weight loss supplements known as Jack3d and OxyElite Pro, which were distributed by Dallas-based USPlabs." Patel and several co-defendants admitted that they imported substances "with false and misleading labeling to avoid law enforcement and regulatory agency … [Read more...]

Temporary Injunction Issued Against Genesis II Church of Health and Healing

The FDA has asked a judge to enter a temporary injunction against Genesis II Church of Health and Healing, preventing the sale of Chlorine Dioxide products that are the equivalent to industrial bleach to treat coronavirus. The FDA issued a warning letter against the company on April 8, 2020 about this issue, but "The court also found that there is a danger that the defendants will continue violating the law without the temporary restraining order." The company makes "Miracle Mineral Solution" (MMS) which is an "unproven and potentially harmful treatment offered for sale to treat Coronavirus." The courtt found that the FDA has demonstrated that Genesis is violating the Federal Food, Drug, and Cosmetic Act by unlawful distributing MMS, which is an unapproved new drug and misbranded … [Read more...]

Coalition Files Lawsuit Against Iowa’s Ag-Gag Law

A coalition of food safety experts and public interest groups has filed a lawsuit in the U.S. District Court for the Southern District of Iowa to challenge the constitutionality of Iowa's new Ag-Gag law. This law is similar to another law in that state that was struck down on January 9, 2019. Ag gag laws have been passed in many farming states around the country in response to undercover work by animal activists. Undercover videos have recorded violent animal cruelty at some facilities. In 2012, a video recorded at Central Valley Meat in California resulted in the suspension of that facility's food registration for inhumane cattle treatment. That company supplied meat to the National School Lunch Program. The Central Valley Meats video showed downed dairy cows being shot in the … [Read more...]

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