Comment Focuses on FSMA’s Potential Effects on Litigation

A recently published law review comment contends that food makers should
not be concerned that the Food Safety Modernization Act (FSMA) will increase
food borne illness-related litigation or make it easier for plaintiffs to succeed.
David Benton, “The Impact of Mandatory Recalls on Negligence and Product
Liability Litigation Under the Food Safety Modernization Act,” San Joaquin
Agricultural Law Review (2012-2013). The author opines that the FSMA “will
likely have little or no impact on negligence and product liability litigation,”
but recommends that manufacturers be given limited immunity from civil
actions when they comply with a Food and Drug Administration voluntary
recall request. He also recommends that the law be amended to expressly
preempt state regulation, which would bring the FSMA closer in line with the
Food, Drug, and Cosmetic Act as to medical devices.