The ripple effects of a food recall up and down the supply chain continue to play out in courts across the U.S. Recalls are not simply a matter of an injured consumer making a claim against the manufacturer of a recalled food item. The complexities reside in the supply chain, as numerous companies are forced… Continue Reading
Monthly Archives: March 2012
Food Safety Act Loosens Standards for Government Seizures
Posted in Food Safety Modernization ActTHE SCOOP One of the most significant and talked about provisions of the Food Safety Modernization Act (FSMA) lies in section 206, “Mandatory recall authority,” which grants to the FDA for the first time the ability to mandate recalls. The FDA’s enhanced authority under FSMA, however, does not stop with recall authority. Under section 207,… Continue Reading
Burritos Contaminated With Non-Dangerous Bacteria Not Covered By Contamination Policy
Posted in Contamination Policy, Insurance CoverageTHE SCOOP This insurance coverage dispute arose out of a burrito product produced by Little Lady Foods that failed to make it to the market as expected. Prior to shipment to convenient stores, Little Lady had to test its burrito product and equipment pursuant to USDA regulations. Six samples tested positive for the listeria bacteria,… Continue Reading
Fresh Express’ Recall Policy Does Not Cover Spinach Recall Absent Actual Contamination
Posted in Insurance CoverageTHE SCOOP The food industry will remember 2006 as the year of the North American E. coli outbreak caused by fresh-bagged spinach. The FDA issued the broadest advisory in its history regarding a commodity, advising consumers not to eat bagged spinach and recommending that spinach processors take steps to recall the product. Thereafter, the FDA… Continue Reading
Hello World!
Posted in UncategorizedWelcome to Cozen O’Connor’s Food Recall Monitor. As the name (and catchy subhead suggest) this is where food, law and insurance intersect. Our goal is to provide the food and insurance industries with an easily accessible resource to read about critical legal developments and the outcomes of relevant cases. If this happens to be in… Continue Reading