A federal court has permanently requested a company from Sunnyside, Washington, to prepare, process and distribute counterfeit juice and other food products, the Department of Justice announced today.
In a complaint filed on November 6, 2020, at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that Valley Processing Inc. together with the owner and president of the company, Mary Ann Bliesner, violated the Federal infringement. Food, Drug, and Cosmetic Act (FDCA) by distributing distributed apple, pear and grape juice products. The company used to deliver millions of juices that were used for lunch at schools. The complaint alleges that the accused processed juice under severe unhygienic conditions, did not meet the applicable food safety standards, and distributed newer juice, mixed with older, potentially contaminated juice, to the public.
“Americans need to be confident that the food they and their families consume is safe,” said Jennifer B. Dickey, acting assistant attorney general, of the Department of Justice’s Civil Division. “We will continue to work with our partners at the FDA to prevent companies from taking shortcuts at the expense of safety.”
“The purity and security of harvested and processed foods are matters of paramount importance to our citizen consumers, especially during unresolved times,” U.S. Attorney William Hyslop told the Eastern District of Washington. ‘The Department of Justice and our FDA partners are working hard to ensure that food safety and purity standards are met. We support these efforts, which are essential to fostering confidence in the food resources of Washington and our country. ”
“Food processors that do not comply with FDA regulations can endanger the health and well-being of consumers. With this consent decision, we are acting to protect Americans, including children in this case, from foods that have been processed in violation of the law, ”said Judy McMeekin, Pharmaceutical Director of FDA, co-commissioner for regulatory affairs. “The FDA is committed to taking appropriate action against those who disregard food safety standards and distribute counterfeit food to the public.”
According to the complaint filed in the U.S. District Court for Washington’s Eastern District, FDA inspections have revealed that the defendants’ juice products contain inorganic arsenic and patulin toxins that could pose health risks to consumers. The FDA has found that the accused did not analyze or examine the data of their suppliers of raw fruits, as required by law, to determine the origin of these food hazards. The complaint also alleges that Valley Processing stored grape juice concentrate that was several years old outside in covered barrels. According to the complaint, samples of the old juice concentrate were found to be contaminated with dirt and mold, but the accused combined the older juice with newer lots and distributed the mixture to consumers and schools. The complaint alleges that the accused promised to stop the old juice, but a subsequent FDA inspection in 2019 showed that the accused continued to mix the older juice with newer juice.
The accused agreed to settle the case and be bound by a permanent order for consent. The order issued by the district court permanently obliges the accused to violate the FDCA and requires them to destroy any food, including any juice products, still in their possession. As part of the settlement, the accused declared that they were no longer engaged in the processing, preparation, packaging or distribution of any kind of food. Before processing or distributing food in the future, the accused must notify the FDA in advance, comply with the specific remedial measures set forth in the instruction, and allow the FDA to investigate their facilities and procedures.
This case was handled by trial attorney Kendrack D. Lewis of the Department of Consumer Protection’s Civil Protection Branch, with the assistance of senior attorney Tara Boland of the FDA’s Office of the Chief Counsel and Assistant U.S. Attorney Tim M. Durkin from the U.S. Attorney’s Office for the Eastern District of Washington.
Visit his website at https://www.justice.gov/civil/consumer-protection-branch for more information on the Consumer Protection Branch and its enforcement. Visit the Web site at https://www.justice.gov/usao-edwa for more information about the U.S. Attorney’s Office for the Eastern District of Washington.