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  • Ricardo Carvajal

    • FDA’s Draft Guidance on Listeria monocytogenes (In Case You Missed It)February 14th, 2017

      Just a few days before the presidential inauguration, FDA published a revised draft guidance on control of Listeria monocytogenes (Lm) in ready-to-eat (RTE) foods.  The significance of the guidance to the food sector is difficult to overstate.  Since FDA published the original draft guidance in February …

    • Will Any of FDA’s Recent Rules Wind Up On the Congressional Chopping Block?December 8th, 2016

      There has been a spate of recent news articles about the potential use of the Congressional Review Act (CRA) to overturn final rules issued toward the end of the Obama Administration. That prompted us to see which of FDA’s recently issued final rules might be …

    • In a FSMA First, FDA Suspends a Food Facility’s RegistrationNovember 29th, 2012

      By Ricardo Carvajal & John R. Fleder – On November 26th, Commissioner Hamburg issued an order suspending the registration of the Sunland Inc. food manufacturing facility alleged to be at the heart of the ongoing recall of peanut products potentially contaminated with Salmonella.  Until the order …

    • Court Sides With Government in Case Alleging Adulteration, But Deems Injunction Request OverbroadSeptember 15th, 2011

      By Wes Siegner, John R. Fleder & Ricardo Carvajal – In U.S. v. Scenic View Dairy, LLC, et. al., the government prevailed on summary judgment in an injunction action against dairy farms alleged to market cows bearing unlawful drug residues.  Although nominally a veterinary drug case, …

    • FTC Wins Summary Judgment Against Marketer of Weight Loss ProductsApril 27th, 2009

      By Ricardo Carvajal & John R. Fleder – In Federal Trade Commission v. Medlab, Inc., the United States District Court for the Northern District of California granted summary judgment on April 21, 2009, to the FTC in an action against a marketer of weight loss products, which …

    • Supreme Court Declines to Hear Tuna Warning Preemption CaseApril 21st, 2009

      By Ricardo Carvajal & John R. Fleder – On April 20, 2009, the U.S. Supreme Court let stand the Third Circuit’s decision in Fellner v. Tri-Union Seafoods.  As we discussed in a prior posting, Fellner’s lawsuit contends that Tri-Union is guilty of negligence under New Jersey …

    • DOJ Guidance Addresses the Obama Administration’s Openness Policy With Respect to the Freedom of Information ActApril 21st, 2009

      By Ricardo Carvajal & John R. Fleder – On April 17, 2009, DOJ’s Office of Information Policy (“OIP”) issued guidance to federal agencies on President Obama’s FOIA Memorandum of January 21st and Attorney General (“AG”) Holder’s subsequent FOIA March 19th guidelines.  The President’s FOIA memorandum directed …

    • Guilty Pleas Announced in Adulterated Tomato Products CaseFebruary 26th, 2009

      By John R. Fleder, Douglas B. Farquhar & Ricardo Carvajal – The U.S. Attorney for the Eastern District of California  (Sacramento) has announced guilty pleas by two individuals for fraudulent activities in connection with their distribution of tomato products.  Allegedly at the direction of her superiors …

    • FDA Can’t Always Get What it Wants In Seafood HACCP CaseFebruary 26th, 2009

      By John R. Fleder, Douglas B. Farquhar & Ricardo Carvajal – FDA has obtained summary judgment and an order of permanent injunction against a Minnesota seafood supplier that was found to have had an inadequate HACCP plan for more than three years, in violation of FDC …

    • The Solicitor General and the FDA Argue Against Preemption in Farmed Salmon CasesDecember 17th, 2008

      By Ricardo Carvajal & John R. Fleder – At the invitation of the U.S. Supreme Court, the federal government has recently filed a brief as amicus curiae in the case of Albertson’s, Inc. v. Kanter (No. 07-1327) in which the government argues against preemption of California …