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FDA’s Right To Photograph In Your Plant

The FDA asserts in its inspection manual its right to photograph in your plant. Yet the FDA does not have statutory authority to photograph. The manual cites the following cases as authority for its right to photograph the inside of a plant: Dow Chem. Co. v. United States, 476 U.S. 227 (1986), and United States … Continue Reading

Monty Python and the Food Recalls

The recent tuna recall in New England was quite simple compared to the complexities presented by the Plainview Milk Products Cooperative recall of nonfat dry milk, fruit stabilizers, whey protein and gum products distributed over the past two years. Such a recall, particularly where it involves stable food products that are placed in such items as emergency food kits and MREs for the military, presents grave problems. Even the government's current initiatives to help with traceability may not be able to solve these problems in future recalls. And the recall may not even have identified the actual source of salmonella that was found in a USDA test.… Continue Reading

California Appeals Court: No Mercury Warnings Required on Canned Tuna

The California Court of Appeal for the First Appellate District has upheld a trial court ruling that canned tuna sold in California need not warn consumers about methylmercury.   In 2004, the State of California sued three tuna companies: Tri-Union Seafoods, LLC; Del Monte Corporation; and Bumble Bee Foods, LLC. The state argued, among other things, … Continue Reading
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