On July 2, a federal court issued an injunction against a Louisiana company, Freshy Foods, LLC, and its affiliated entity Team Fresh & Go, LLC, prohibiting them from manufacturing and distributing adulterated food products.
This legal action follows allegations by the United States, filed on June 10, asserting that these companies, operated by Floyd D. James and Ida M. James, breached the Federal Food, Drug, and Cosmetic Act (FDCA) by producing and distributing contaminated food items.
The companies were involved in producing ready-to-eat food products, such as sandwiches and fruit cups. The complaint highlighted that environmental testing in 2023 detected the presence of Listeria monocytogenes (L. mono), a harmful pathogen, in their Elmwood, LA facility.
Additionally, a U.S. Food and Drug Administration (FDA) inspection in 2023 reported unsanitary conditions at the facility. Following these findings, the companies voluntarily withdrew their registration to process FDA-regulated food products in August 2023.
Principal Deputy Assistant Attorney General Brian M. Boynton emphasized the importance of food manufacturers adhering to safety regulations to protect public health, underscoring the collaborative efforts of the Justice Department and the FDA in enforcing these standards.
Deputy Commissioner Jim Jones of the FDA reiterated the FDA’s commitment to holding food manufacturers accountable for failing to maintain safe and sanitary production conditions.
In response to the allegations, the defendants denied the government’s claims but agreed to a consent decree to settle the lawsuit.
The court’s order permanently enjoins the defendants from violating the FDCA and mandates that they notify the FDA and implement specific remedial measures before resuming the production of FDA-regulated food products, with certain exceptions.
The case was managed by Trial Attorneys Colin W. Trundle and Kathryn A. Schmidt of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Sandra Lee Sears for the Eastern District of Louisiana, with support from Assistant Chief Counsel Sarah Rosenberg of the FDA’s Office of the Chief Counsel.
It is important to note that the allegations settled by the consent decree remain unproven, with no determination of liability made against the defendants.
