Blog Archives

Sunland Salmonella Saga Provides a Window to FDA Enforcement

A new year is here, and the food industry remains in a sort of regulatory limbo.  Between the FDA’s delay in releasing regulations under the implementation deadlines set forth in the Food Safety Modernization Act (FSMA) and inadequate funding from

Posted in Food Safety, Food Safety Modernization Act, Insurance Coverage

Airline Food Safety and Accountability

Delta made headlines this summer when passengers discovered needles in turkey sandwiches served on three separate flights from Amsterdam to the U.S.  Both the Transportation Security Administration (“TSA”) and the FBI announced that they would be investigating the catering company, Gate Gourmet, to determine the

Posted in Food Safety

E. Coli Outbreak Constitutes A Single Occurrence

Incidents of food-borne illness impact a number of parties, from sick consumers to various commercial entities in the chain of distribution.  Many general liability insurance policies cap policy limits on a per occurrence basis.  For example, a policy may provide

Posted in Insurance Coverage

Traceback Analysis Protected From Disclosure By The Common Interest Doctrine

In the wake of a foodborne illness outbreak, a traceback investigation is critical to determine the source and distribution path of the contaminated food products.  According to the FDA, a traceback investigation “helps prevent additional illnesses by providing a foundation

Posted in Discovery Issues, Traceback Investigation/Analysis

Pink Slime: A Lesson in Crisis Management

The term “pink slime” continues to dominate news desks across the country.  Public backlash against processors of “lean finely textured beef” has pushed one of the largest ground beef processors in the United States, AFA, into bankruptcy.  Other companies such as Beef Products,

Posted in Crisis Management, Pink Slime

Peanut Distributor Not Entitled to Coverage Under Accidental Contamination Policy

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

Posted in Contamination Policy, Insurance Coverage

Food Safety Act Loosens Standards for Government Seizures

THE 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

Posted in Food Safety Modernization Act
Cozen O’Connor has a national team of attorneys experienced in handling food contamination and product recall coverage matters related to first-party, third-party and specialty policies. The firm also developed a Food, Beverage & Nutritional Products Industry Team to provide advice and counsel to a wide range of companies connected directly and indirectly to the food and beverage industry.
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