Tomato Grower’s Negligence Claims from 2008 Recall Survive Motion to Dismiss

A federal court in South Carolina has reportedly determined that a tomato
grower seeking damages from the U.S. Food and Drug Administration (FDA)
allegedly caused by a 2008 tomato recall that followed a Salmonella outbreak
which was ultimately found not to be linked to contaminated tomatoes, may
pursue negligence claims against the agency. Williams Farms Produce Sales,
Inc. v. United States, No. 11-01399 (D.S.C., order entered February
23, 2012). Further details about the case appear in Issue 398 of this Update.

The court has apparently dismissed claims of defamation, slander of title,
product/commercial disparagement, unconstitutional taking, and violation of
unfair trade practices law. See Law360, February 23, 2012.