Poor choices by uncooperative food supply companies continue to keep the FDA busy in their fight against pathogen contamination and foodborne illness. This time it’s American Mercantile Corporation which reportedly failed to correct known problems of rodent and insect infestation at their food product storage facility. The potential for contamination under such filthy conditions led to the removal by U. S. Marshals of more than $1.5 million worth of herbs, botanicals, and other food products, including sarsaparilla, spearmint leaves, cornstarch, sweet orange peels powder, licorice powder, sassafras, and salt.
Fortunately, no illnesses have been reported in relation to these products, and let’s hope none will be. It’s good to see the FDA in action utilizing whatever regulatory power they still enjoy. We need all the protection we can get from yet another potential source of food poisoning.
On the other hand, this is the kind of story that frustrates those of us diligently seeking food safety reform. To hear constant reports of foodborne illness outbreaks, food product recalls, and lapses of an atrociously under-attentive industry is discouraging enough. But the deliberate negligence of a food supplier who knew its products were sitting amid the filth of rat and bug infestation, and still did nothing, is utterly unacceptable. When will companies learn responsibility? Maybe we need more of the secondary regulatory function provided by the tort system as described in a recent Forbes article. Perhaps product confiscation and monetary loss from tort litigation will eventually teach careless suppliers that it’s more profitable to practice clean, safe, conscientious business. This is also another reason why we need punitive damages as part of the tort system.
Richard J. Arsenault, 2011
