FDA Not Negligent in Issuing Tomato Recall, Court Holds

A South Carolina federal court has ruled that the U.S. Food and Drug
Administration (FDA) was not negligent in issuing a tomato recall during
a 2008 outbreak of Salmonella, dismissing a tomato farm’s claim of $15
million in damages. Seaside Farm Inc. v. U.S., No. 11-1199 (D.S.C., order
entered December 16, 2015).

The farm had argued that FDA should have been more specific in its
recall, while FDA argued it never issued an official recall, only warnings
about tomatoes. The court had previously dismissed allegations of
defamation and takings against the government.

Issue 588