Listeria contamination, other repeated violations, prompt FDA action
The U.S. Department of Justice, in an action initiated by the U.S. Food and Drug Administration, is seeking a permanent injunction against NY Gourmet Salads, Inc., a processor of ready-to-eat deli salads, seafood salads, and cream cheeses in Brooklyn, N.Y., and Leonard F. Spada, the company's president.
The complaint, filed July 30 in the U.S. District Court for the Eastern District of New York, charges the defendants with violating the Federal Food, Drug, and Cosmetic Act by introducing into interstate commerce food that was prepared, packed, or held under insanitary (unsanitary) conditions and that may have become contaminated with filth or may have been rendered injurious to health.
FDA inspections have documented insanitary conditions at NY Gourmet's facility and a failure to follow applicable FDA regulations concerning the production of food and seafood products. Although the company promised to address and correct deficiencies following inspections in 2006, 2007, and 2009, the FDA's most recent inspection in March 2010 confirmed that the company continued to operate without adequate controls.
The complaint notes that recent FDA testing has found Listeria monocytogenes (L. mono) throughout the defendants' facility and in a sample of finished product. The complaint also says that the strain of L. mono found in a sample of the defendants' chickpea salad in 2010 was indistinguishable from the strain of L. mono found in the defendants' facility during a 2009 inspection, indicating that the L. mono had likely formed a lasting presence in the defendants' facility.