Citing Insects and Rodent Filth, FDA Seeks to Shutter Food Warehouses

The Food and Drug Administration (FDA) has filed a complaint for permanent
injunction against Tennessee-based companies that process food products
and ingredients, such as spices, spice blends, herbs, and sauces, claiming they
have repeatedly violated the law by selling adulterated foods. United States
v. Am. Mercantile Corp., No. 11-02371 (W.D. Tenn., filed May 11, 2011).

According to the complaint, the foods are adulterated because “they have
been prepared, packed, and held under insanitary conditions whereby they
may have become contaminated with filth.” An array of insects and insect and rodent excreta were allegedly observed on a number of occasions at defendants’ facilities, and repeat visits by inspectors showed that the cited
violations had not been corrected. Other problems included spilled food,
unsatisfactory cleaning, gaps in the building exterior, and expired products.

FDA seeks to permanently enjoin the defendants from “introducing or delivering for introduction into interstate commerce any article of food that is adulterated” and “causing the adulteration of any article of food while such article is held for sale after shipment of one or more of its components in interstate commerce.” FDA also seeks to permanently enjoin the defendants from “doing or causing to be done, directly or indirectly, any act that adulterates food.” The agency requests that the court order the defendants to cease operations until they comply with the law.