According to the complaint, which was fielding the U.S. District Court for the Eastern District of New York, the company did not control the risk of Listeria monocytogenes and Clostridium botulinum growth and toxin formation in these products. Those bacteria can cause serious and even deadly food poisoning.
U.S. Attorney Richard P. Donoghue said in a statement, “When food processors ignore federal laws concerning the preparation of food, they subject the public to serious health risks. The Department of Justice has asked the Court to stop the defendants from processing, packaging or distributing any more food until they establish that they can comply with federal laws and regulations designed to avert those health risks. Today’s action demonstrates our commitment to protecting the public from potentially contaminated food.”
The FDA inspected Foo Yuan’s facility in 2014, 2016, and from December 2017 to January 2018. At each inspection, according to the complaint, public health investigators documented “significant deficiencies.” In the most recent inspection, there was a failure to maintain the cleanliness of food contact sources, and failure to make sure that all persons who worked in direct contact with the food conformed to hygienic practices.
FDA issued a warning letter after the October 2014 inspection notifying company officials that they were in violation of the seafood Hazard Analysis and Critical Control Point and current Good Manufacturing Practices. That means the products they made and sold were considered adulterated under the law. The complaint also alleges that the defendants violated the law by causing food to become adulterated while it was being held for sale after the shipment of its components in interstate commerce.
