The U.S. Food and Drug Administration (FDA) is seeking a permanent injunction in federal court against NY Gourmet Salads Inc., which makes ready-to-eat deli salads and other foods in the New York-New Jersey area because of food poisoning concerns. According to a news report in the Food Poison Journal, FDA inspections at the company's manufacturing facilities have shown consistently unsanitary conditions over the last five year. Despite assurances that they will clean up their act, the company has apparently continued "to operate without adequate controls."

FDA inspectors have cited deficiencies at the company's facilities in 2006, 2007 and 2009. Most recently, in March 2010, FDA officials found Listeria monocytogenes (L mono) throughout the company's facility as well as in a sample of a finished food product. Federal officials believe that the bacteria have formed a "lasting presence" in the facility.

Deadly Bacteria

Listeria is a type of bacterium, which can cause an infection known as Listeriosis, that can result in serious and long-term adverse health problems. A majority of Listeriosis cases are caused by L mono bacteria, the kind that are present in NY Gourmet's production facility. Listeria is usually found in a variety of raw foods such as uncooked meats, milk and cheeses. It is killed by cooking sometimes. However, in ready-to-eat foods such as meats, contamination could occur after cooking but prior to packaging.

The most common symptoms of Listeriosis are fever, muscle aches, nausea and diarrhea. Symptoms may begin a few days after you have eaten the contaminated food. But it may take as a long as two months before signs and symptoms begin. If the infection spreads to the nervous system, you may experience symptoms such as headache, stiffness, confusion, loss of balance and convulsions. Listeria infection can have devastating consequences for pregnant women. The baby may die unexpectedly before birth or experience a life-threatening infection within the first few days of birth.

Why the Delay in Enforcement?

It is appalling that it took the FDA this long to take action against this food manufacturer after repeated violations. How many years does a food manufacturer or supplier have to be in violation of health standards before the FDA takes action? If Listeria bacteria have become a lasting presence, how and why was it not detected in 2008? What type of follow-up do FDA officials perform with companies that are in violation of these food safety standards?

Those who manufacturer and distribute foods have an obligation to consumers to follow safety standards. If you have suffered a food-borne illness as a result of contaminated food, you would be well-advised to consult with an experienced California personal injury lawyer for more information about how to pursue your rights. Victims could seek compensation to cover medical expenses, loss of wages, cost of hospitalization, pain and suffering and emotional trauma.

Have you ever suffered from Listeriosis or any other form of food poisoning? We would like to hear about your experiences.

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