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Consumer Law
Product Liability
Federal Food, Drug and Cosmetic Act

United States of America v. L.A. Star Seafood Company Inc., Sima Goldring, Sam Goldring

Published: May 2, 2015 | Result Date: Mar. 26, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-00034-MWF-MRW Bench Decision –  Permanent Injunction

Court

USDC Central


Attorneys

Plaintiff

Michael S. Blume

Jonathan F. Olin

Jeffrey Steger

Joyce R. Branda

Kerala T. Cowart


Defendant

Arkady A. Tselner
(Law Offices of Arkady A. Tselner)


Facts

The United States filed a complaint against L.A. Star Seafood Company Inc., Sima Goldring, and Sam Goldring, seeking a permanent injunction until corrective action is taken, following a discovery of listeria at defendants' facility in downtown Los Angeles. Defendants processed and distributed smoked and salt-cured fish products.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that listeria was found in defendants' downtown Los Angeles facility following two Food and Drug Administration inspections. Further, that during the two inspections, defendants had insanitary conditions at their facility whereby its fish products may have become contaminated. Plaintiff alleged defendants violated the Federal Food, Drug, and Cosmetic Act by processing and distributing adulterated fish products and sought an injunction enjoining defendants from further violations.

DEFENDANTS' CONTENTIONS:
Defendants cooperated with the FDA by consenting to entry of a decree.

Result

Defendants consented to entry of a decree permanently enjoining them from further violations of the FDCA and agreed to take corrective action to FDA's satisfaction, including modifications to its Hazard Analysis Critical Control Point plan.

Other Information

FILING DATE: Jan. 5, 2015.


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