A federal court has permanently banned a Sunnyside, Washington, company from preparing, processing and distributing adulterated juice and other food products, the Department of Justice announced today.
In a complaint filed on November 6, 2020, at the request of the United States Food and Drug Administration (FDA), the United States alleged that Valley Processing Inc., along with the company’s owner and president, Mary Ann Bliesner, violated the Federal Food, Drug, and Cosmetic Act (FDCA), which distributes adulterated apple, pear and grape juice products. The company previously supplied millions of servings of juice used in school lunch programs. The complaint alleged that the defendants processed juice in extremely unhealthy conditions, did not meet the relevant food safety standards and distributed to the public newer juice mixed with older and potentially contaminated juice.
“Americans must be sure that the food they and their families eat is safe,” said Assistant Attorney General Jennifer B. Dickey of the Justice Department’s Civil Division. “We will continue to work with our FDA partners to prevent companies from taking shortcuts at the expense of security.”
“The purity and safety of harvested and processed foods are matters of paramount importance to our citizen consumers, especially in difficult times,” said Attorney General William Hyslop for the Eastern District of Washington. “The Department of Justice and our FDA partners work hard to ensure compliance with food processing safety and purity standards. We support these efforts that are essential to promote confidence in food sources in Washington and in our country. ”
“Food processors that do not comply with FDA regulations can endanger the health and well-being of consumers. With this consent decree, we are taking steps to protect Americans, including children in this case, from consuming foods that have been processed in violation of the law, ”said Judy McMeekin, Pharm.D., FDA’s Associate Commissioner for Regulatory Affairs. “The FDA is fully committed to taking appropriate action against those who violate food safety standards and distribute adulterated foods to the public.”
According to the United States District Court’s complaint to the Eastern District of Washington, FDA inspections revealed that the defendants’ juices contained inorganic arsenic and patulin – toxins that can pose health risks to consumers. The FDA found that the defendants did not analyze or investigate data from their raw fruit suppliers, as required by law, to determine the source of these food hazards. The complaint also claimed that Valley Processing stored grape juice concentrate that had been out of storage in covered barrels for several years. The complaint alleged that samples of the old concentrated juice were contaminated with dirt and mold, but the defendants combined the older juice with newer batches and distributed the mixture to consumers and schools. The complaint alleged that the defendants promised to stop using the old juice, but a subsequent FDA inspection in 2019 showed that the defendants continued to mix the older juice with the new one.
The defendants agreed to settle the case and be bound by a permanent injunction consent decree. The district court order permanently prohibits defendants from violating the FDCA and requires them to destroy any food, including any juice, still in their possession. As part of the settlement, the defendants claimed that they are no longer involved in the processing, preparation, packaging or distribution of any type of food. Before processing or distributing any food in the future, defendants must first notify the FDA in advance, comply with the specific corrective measures set out in the injunction and allow the FDA to inspect its facilities and procedures.
This matter was handled by Lawyer Kendrack D. Lewis, of the Department of Consumer Protection of the Civil Division of the Department of Justice, with the assistance of Legal Counsel Tara Boland of the Office of the Chief Counsel of the FDA and Deputy Attorney General Tim M. Durkin from the US Attorney’s Office for the Eastern District of Washington.
For more information about the Department of Consumer Protection and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the United States Attorney’s Office for the Eastern District of Washington, visit its website at https://www.justice.gov/usao-edwa.