US authorities quiet over potential Jensen Farm prosecution
Listeria-contaminated Jensen Farms Rocky Ford brand cantaloupes have been responsible for the deaths of 29 and the infection of a further 139 people across 28 states – the worst since 1924 and equalling the worst food safety outbreak in modern US history.
Despite the notoriety of the contamination, no charges have been made against Jensen Farms or its owners Ryan and Eric Jensen – following in the footsteps of similar foodborne outbreaks.
FoodQualityNews.com approached both the Food and Drug Administration (FDA) and the US Department of Justice (USDOJ) in relation to the farm, but both refused to confirm or deny whether any prosecution of Jensen Farms, would take place.
Warning letter
An FDA spokesperson told FoodQualityNews.com: “I am unable to provide any information regarding compliance actions the agency may be contemplating concerning the firm you inquired about, or, in general, about any form under FDA investigation.”
“Of course, actual prosecutions involving violations of the Food, Drug and Cosmetics Act would be carried out by US attorney’s offices in cooperation with the FDA.”
“But about these, too, I would be unable to provide information on cases underway, including confirmation as to whether prosecution is being contemplated.”
FoodQualityNews.com received a similar response from the USDOJ concerning a possible prosecution.
“We would have no comment on this at this time,” said USDOJ spokesman Charles Miller.
In an FDA warning letter to Ryan and Eric Jensen, following a post-infection inspection of the farm, the agency made clear that its notification did “not preclude” any potential prosecutions in relation to the outbreak.
“Additionally, the receipt of this warning and any action taken to correct the violations cited in it do not preclude a subsequent criminal prosecution by the United States Department of Justice.”
Charges rare
When pursuing a prosecution in these circumstances, prosecutors in the US will look for evidence of wilful neglect in the production of food.
Charges in similar circumstances have been rare, despite US officials, on at least one occasion, appearing to be aware of negligence in relation to food borne outbreaks.
No prosecutions were brought after a previous outbreak, caused by American company Peanut Corp in 2008, despite investigators discovering that the company had shipped products which failed food safety tests.
Nine died and more than 700 were taken ill as a result of the Peanut Corp contamination.
Jensen Farms declined to comment on its risk of prosecution when approached by FoodQualityNews.com.
