FDA sics marshals on firm that flouted salmonella peanut recall
— -- In a rare move, the Food and Drug Administration sent U.S. Marshals to execute an inspection warrant at a New Jersey company that has refused to recall peanut products tied to a nationwide salmonella outbreak.
Westco Fruit and Nuts of Irvington, N.J., received three shipments of peanuts from the Peanut Corp. of America in November and December. But the company has repeatedly refused government requests that it recall any products containing these nuts, according to the FDA.
PCA products have sickened at least 691 and may have contributed to nine deaths, according to the Centers for Disease Control and Prevention.
The FDA asked Westco to initiate a recall on March 23. On March 26, the agency requested access to records of the distribution of PCA peanut-containing products. The company declined both requests, the FDA says.
The agency does not have the authority to force companies to recall foods and generally relies on the threat of bad publicity to encourage them to do so.
It's usually effective, says Seattle-based food safety lawyer Bill Marler. "In 16 years of doing this, I'm frankly at a loss to think of a time where I've ever seen a company react this way. I can't think of a situation where a company's simply said 'No.' "
FDA-regulated companies are obligated by law to grant the agency entry for inspection and access to distribution records.
"FDA's enforcement action against Westco Fruit and Nuts is an appropriate step toward removing potentially harmful products from the marketplace, especially when, as in this case, a company is unwilling to share information FDA needs to ensure food safety," says Michael Chappell, FDA's acting associate commissioner for regulatory affairs.
Westco specializes in dried fruits and nuts, which it sells wholesale to institutions and as holiday gift packs. Telephone calls to Westco were not returned.
"It's good that FDA is taking a strong tack on this," says Michael Hansen, a scientist with the advocacy group Consumers Union. "I'd bet that (newly appointed acting FDA Commissioner Joshua) Sharfstein probably had a big hand in this. The FDA appears to be acting more aggressively on food safety, which is a pleasant change."
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