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A federal court has permanently banned a Sunnyside, Wash., Company from preparing, processing and distributing adulterated juice and other food products, the Department of Justice said today.
In a complaint filed on November 6, 2020, at the request of the United States Food and Drug Administration (FDA), the United States alleged that Valley Processing Inc., as well as the owner and president of the company, Mary Ann Bliesner, had violated the Federal Food, Drug, and Cosmetic Act (FDCA) by distributing adulterated apple, pear and grape juice products. The company previously provided millions of servings of juice used in school lunch programs. The complaint alleged that the defendants processed juice under extremely unsanitary conditions, failed to meet relevant food safety standards, and distributed newer juice to the public mixed with older and potentially contaminated juice.
“Americans need to be sure that the food they and their families eat is safe,” said Acting Assistant Attorney General Jennifer B. Dickey of the Civil Division of the Department of Justice. “We will continue to work with our partners in the FDA to prevent companies from taking shortcuts at the expense of safety.”
“The purity and safety of harvested and processed foods are issues of paramount importance to our citizen consumers, especially during volatile times,” said US Attorney William Hyslop for the Eastern District of Washington. “The Department of Justice and our partners in the FDA are working hard to ensure that food processing safety and purity standards are met. We support these efforts which are essential to promote confidence in the food sources of Washington and our country. “
“Food processors who fail to comply with FDA regulations can endanger the health and well-being of consumers. With this consent decree, we are taking action to protect Americans, including children in this case, from consuming food that has been processed in violation of the law, ”said Judy McMeekin, Pharm.D., Associate Commissioner of Regulatory Affairs of the FDA. “The FDA is fully committed to taking appropriate action against those who fail to meet food safety standards and distribute adulterated food to the public.”
According to the lawsuit filed in the U.S. District Court for the Eastern District of Washington, FDA inspections found that the defendants’ juice products contained inorganic arsenic and patulin – toxins that may pose risks to the consumer health. The FDA found that the defendants had not analyzed or investigated data from their raw fruit suppliers, as required by law, to determine the origin of these food hazards. The complaint also alleged that Valley Processing was storing several year old grape juice concentrate outdoors in covered barrels. The complaint alleged that samples of the old juice concentrate were contaminated with dirt and mold, but the defendants combined the old juice with newer lots and distributed the mixture to consumers and schools. The complaint alleged that the defendants had promised to stop using the old juice, but a subsequent inspection by the FDA in 2019 showed that the defendants continued to mix the old juice with newer juice.
The defendants agreed to settle the dispute and be bound by a consensual decree of permanent injunction. The order issued by the district court continuously orders the defendants to violate the FDCA and requires that they destroy any food, including fruit juices, still in their possession. As part of the settlement, the defendants stated that they are no longer engaged in the processing, preparation, packaging or distribution of any type of food. Before processing or distributing food in the future, defendants must first notify the FDA in advance, comply with the specific corrective actions set out in the injunction, and allow the FDA to inspect their facilities and procedures. .
This case was handled by Attorney Kendrack D. Office of the United States Attorney for the Eastern District of Washington.
For more information on the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the United States Attorney’s Office for the Eastern District of Washington, visit their website at https://www.justice.gov/usao-edwa.
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