Acting on behalf of the U.S. Food and Drug Administration (FDA), U.S.
Marshals seized on May 7, 2009, more than $1.5 million worth of food products,
including herbs and botanicals, stored under filthy conditions at the
American Mercantile Corporation of Memphis, Tenn.
In March, FDA
investigators found extensive rodent and insect
infestation throughout the company’s warehouse, and subsequently, the company failed to
correct these problems. Acting on a warrant issued by the United
Stated District Court in Memphis, U.S. Marshals seized all
FDA-regulated food products exposed to rodent and insect contamination
at the facility, because the items were held under insanitary conditions.
We may be seeing related recalls from dietary supplements and herbal tea brands, though the FDA has no reports of illness associated with consumption of the products. American Mercantile stores and processes food ingredients, which are
then sold to and used in the dietary supplement and herbal tea
industries. The seized articles include food products, such as
sarsaparilla, spearmint leaves, cornstarch, sweet orange peels powder,
licorice powder, sassafras, and salt. The company's site indicates the supplier offers certified organic ingredients as well as kosher-certified products.
The get-tough action comes on the heels of an extensive Salmonella outbreak in 2008-2009 related to unsanitary conditions at peanut processing facilities owned by the Peanut Corporation of America. Attorney-at-Law indicates that outbreak caused about 600 illnesses, nine deaths and one of
the largest food recalls in U.S. history, involving some 3,200
products.
Of the American Mercantile seizure, Michael Chappell, the FDA’s acting
associate commissioner for regulatory affairs, says, “FDA will not tolerate a company’s failure to adequately control and
prevent filth in its facility. The FDA is prepared to
use whatever legal means are necessary and appropriate to keep
potentially contaminated products out of the marketplace.”
And expect the FDA to continue strengthening its food safety protection efforts, particularly in the area of prevention. The Obama administration plans to revamp and bolster the FDA's capabilities, which have weakened signficantly in recent years due to federal budget constraints even while the food supply chain has become increasingly global. Part of the President Obama's fiscal year (FY) 2010 budget includes $3.2 billion for the FDA, a 19 percent increase over the current FDA fiscal year budget. The FY 2010 request, which covers the period of Oct. 1, 2009,
through Sept. 30, 2010, includes increases of $295.2 million in budget
authority and $215.4 million in industry user fees. The FDA budget proposes two major initiatives for FY 2010: Protecting
America’s Food Supply and Safer Medical Products. The Protecting America's Food Supply initiative, with a $259.3 million budget, invests in
priorities that strengthen the safety and security of the supply chain
for foods. Supply chain safety and security relies on the principle of
risk-based prevention with verification, and the FDA initiative will focus on both foreign and domestic sources of
ingredients, components, and finished products at all points in the
supply chain, including their eventual consumer use.
Update May 17, 2009: NutraIngredients reports that "the U.S. dietary supplement industry is facing a massive media onslaught" bringing attention to the regulatory weaknesses of the Dietary Supplement Health and Education Act of 1994 (DSHEA).
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