The Centers for Disease Control and Prevention (CDC) has released an analysis showing that disease outbreaks linked to imported foods apparently increased in 2009 and 2010. CDC experts reviewed data collected by the Foodborne Disease Outbreak Surveillance System from 2005 to 2010, finding that 39 outbreaks and 2,348 illnesses were tied to imported foods from 15 countries. According to CDC, 17 of the 39 outbreaks occurred in 2009 and 2010. Since 2005, imported fish was the most common source with 17 total outbreaks, followed by spices with six outbreaks, including five from fresh or dried peppers. Nearly 45 percent of the imported foods linked to outbreaks came from Asia. “It’s too early to say if the recent numbers represent a trend, but CDC officials are analyzing information from 2011 and will continue to monitor for these outbreaks in the future,” said CDC epidemiologist and lead author Hannah Gould. See CDC…
Tag Archives herbs and spices
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…
Adams Extract & Spice has sued Van de Vries Spice Corp. in a New Jersey federal court alleging damages in excess of $75,000 due to a 2009 spice recall involving ground red pepper allegedly contaminated with Salmonella. Adams Extract & Spice, LLC v. Van de Vries Spice Corp., No. 11-00720 (D.N.J., filed February 8, 2011). Apparently, Van de Vries sold 11,000 pounds of the spice to Adams Extract which then incorporated it into various products sold under its brand name. After learning about the contamination risk, Adams Extract issued a product recall that allegedly “resulted in significant damages to Adams Extract.” Alleging negligence by failure to comply with Food and Drug Administration standards, breach of contract, breach of warranty, and strict product liability, Adams Extract seeks compensatory damages, interest, costs, and delay damages.
A putative class action has reportedly been filed against California’s largest herb grower, shipper and marketer, alleging that the defendant “played California consumers for fools,” by selling as organic, and at higher prices, conventionally grown herbs. Quesada v. HerbThyme Farms, No. __ (Cal. Super. Ct., filed April 2010). According to the complaint, the company owns a large number of conventional farms and just one smaller organic farm, and, when its “profits grew at a slower rate than the company wanted, it turned to fraud.” Seeking restitution, damages and injunctive relief, the plaintiff alleges that the company labeled conventionally grown herbs as “Fresh Organic” in violation of California business and consumer fraud laws. See Courthouse News Service, April 28, 2010.
The Food and Drug Administration (FDA) has issued a request for comments and scientific data “that would assist the agency in its plans to conduct a risk profile for pathogens and filth in spices.” FDA has requested input on specific hazards, including “microbiological pathogens and filth in spices that are identified and published in literature, outbreaks, recalls, and submissions to the Reportable Food Registry.” The agency seeks data related to incidences of contamination; factors that influence the survival, growth and levels of pathogens; spice consumption patterns in the United States; intended use; manufacturing practices; the effectiveness of control measures for pathogens; and supplier requirements for microbial testing and audit programs. Designed to assist FDA in its regulatory decision making, the spice risk profile aims to describe the nature and extent of the public health risk, evaluate mitigation processes, and identify additional control options, further research needs and data gaps. It…
A meat manufacturer that recalled more than 1 million pounds of meat products linked to a Salmonella outbreak that purportedly sickened more than 250 consumers in 44 states has reportedly sued the companies that supplied the red and black pepper allegedly identified as the source of the contamination. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-155 (D.R.I., filed March 30, 2010). Seeking compensatory, punitive and exemplary damages, the plaintiff apparently alleges that it recalled more than 1.2 million pounds of meat, including salami, prosciutto and pancetta, refunded more than $1.5 million to customers, incurred transportation and shipping costs, and lost customers and future profits. The company reportedly purchased more than 50,000 pounds of pepper from one defendant and more than 40,000 pounds of pepper from the other in 2009. According to a news source, public health officials traced the Salmonella strain to the black and crushed red pepper…
The Food and Drug Administration (FDA) has reportedly met with spice industry representatives to consider ways to make spices safer amid a nationwide Salmonella outbreak linked to black and red pepper. According to a news source, FDA wants companies to prevent contamination by using one of three methods to rid spices of bacteria: irradiation, steam heating or fumigation with the pesticide ethylene oxide. The American Spice Trade Association is expected to address the issue at its annual meeting to be held April 25-28, 2010, in Naples, Florida. Although FDA does not possess authority to order manufacturers to treat their products, the agency recently reaffirmed its intention to take a closer look at spice handling “from farm to table” and to create a spice risk profile focusing on “microbiological contaminants and filth issues related to spices.” As FDA stated in a March 17, 2010, press release, this risk profile will help determine…
The Third Circuit Court of Appeals has upheld a district court’s decision not to allow a flavoring company to file cross claims in litigation between an insurance carrier and the company that supplied vanilla beans tainted with mercury to the flavoring company. The Travelers Ins. Co. v. Dammann & Co., Inc., No. 09-1225 (3d Cir., decided February 5, 2010). The flavoring company sought to hold the vanilla bean supplier liable under contract, tort and indemnification theories, and the district court held that the proposed cross claims were time-barred or failed to state a claim. The Third Circuit agreed. The flavoring company’s request to file cross claims occurred more than four years after it received the vanilla beans, and its breach of warranty claims were thus untimely under the Uniform Commercial Code. Because New Jersey law applied to the case, the appeals court then discussed at length why it believed New…
