Del Monte Drops Suit Against FDA After FDA Lifts Import Alert

Oct 06, 2011   
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On September 27, 2011, Del Monte Fresh Produce N.A., Inc. (Del Monte) voluntarily dismissed its suit against the U.S. Food and Drug Administration (FDA) which alleged that the Agency had no basis to suggest its cantaloupes were the source of a salmonella panama contamination. The Notice of Dismissal cites the lifting of the import alert that formed the basis of the suit as its reason for seeking dismissal. The Import Alert, which prevented cantaloupes from Guatemala from being imported into the United States, was lifted the same day.

As we previously reported, companies sometimes forced to challenge importation restrictions imposed by the FDA. In Del Montes case, the Company filed suit on August 22, 2011, and was able to obtain the relief it sought in only one months time. Similarly, we previously reported on the Seagate case, where we successfully challenged the FDAs detention of Seagates shipments, and secured the release of the goods soon after bringing suit against the Agency. While companies are often reluctant to bring suit against the FDA, these cases show that litigation may be a companys only means of successfully challenging unlawful regulation.

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