Articles: RecallLitigation

Erroneous Public Warnings: Being Prepared For FDA Mistakes

By Brad Sullivan

Recently there were reports in the news of Costco rotisserie chicken salad being contaminated with E. coli and the resulting recall by a local company of its celery. Subsequent tests have not been able to identify the celery as the cause, and one is reminded of the 2008 outbreak allegedly involving Roma Tomatoes from the Southeast. Similarly, in the various...

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Categories: Recall, Litigation

"Voluntary” Recalls and Third Party Insurance Claims

By Paul Rovella

Shortly after the recent E. coli out-break attributed to bagged spinach, the federal Food and Drug Agency released a statement that the tainted spinach was grown in either Santa Clara, San Benito or Monterey Counties. Experts and government inspectors descended on the Salinas Valley in order to track down the source of the outbreak. Fueled in part by this...

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Categories: Recall

A Statutory Look at Recalls

By Tim Ibbeson

The E. coli contamination of spinach this past September brought food-safety recalls back into our living rooms and kitchens. As Paul mentioned in his article, many farmers were forced by the FDA to “voluntarily” recall their product. What does it mean to “voluntarily” recall your product? Is there such a thing as an “involuntary” recall?

Statutes...

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Categories: Recall