As part of its enforcement activities, the Food and Drug Administration sends warning letters to entities under its jurisdiction. Some letters are not posted for public view until weeks or months after they are sent. Business owners have 15 days to respond to FDA warning letters. Warning letters are often not issued until a company has been given months to correct problems.
Jam Jam Services, Inc. Sunrise, FL
An import company in Florida is on notice from the FDA for not having FSVPs for a number of imported food products.
In a June 1, 2022, warning letter the FDA described a Jan. 25 through Feb. 3, 2022, Foreign Supplier Verification Program (FSVP) inspection of Jam Jam Services, Inc in Sunrise Florida.
The FDA’s inspection revealed that the firm was not in compliance with FSVP regulations which resulted in the issuance of an FDA Form 483a. Some of the significant violations are as follows:
The firm did not develop an FSVP for any foods they import, including the following foods:
Powdered Scotch Bonnet Peppers, imported from (redacted)located in (redacted).
Beverage Mix Coconut Flavor, imported from (redacted)located in (redacted).
The full warning letter can be viewed here.
La Serranita Import and Export LLC Elizabeth, NJ
An import company in New Jersey is on notice from the FDA for not having FSVPs for a number of imported food products.
In a Sept. 19, 2022, warning letter the FDA described a March 30 through April 13, 2022, Foreign Supplier Verification Program (FSVP) inspection of La Serranita Import and Export in Elizabeth, NJ.
The FDA’s inspection revealed that the firm was not in compliance with FSVP regulations which resulted in the issuance of an FDA Form 483a. Some of the significant violations are as follows:
The firm did not develop, maintain, and follow an FSVP for any of the foods they import, including each of the following:
Frozen Corn Cobs imported from (redacted)located in (redacted)
Frozen Whole Yellow Hot Pepper imported from (redacted)located in (redacted)
Special White Cheese of Cayambe imported from (redacted)located in (redacted)
The full warning letter can be viewed here.
JR Imports LLC Mission, TX
An import company in Texas is on notice from the FDA for not having FSVPs for a number of imported food products.
In a Nov. 9, 2022, warning letter the FDA described an Aug. 5-31, 2022, Foreign Supplier Verification Program (FSVP) inspection of J and R Imports LLC in Mission, TX.
The FDA’s inspection revealed that the firm was not in compliance with FSVP regulations which resulted in the issuance of an FDA Form 483a. Some of the significant violations are as follows:
The firm did not develop, maintain, and follow an FSVP for any of the foods they import, including each of the following:
Prickle pear imported from (redacted)located in (redacted)
Cilantro imported from (redacted)located in (redacted)
Poblano peppers imported from (redacted)located in (redacted)
The firm imports fresh produce that is “covered produce.” As an importer of covered produce, they must have an FSVP that demonstrates that their supplier is producing the food in compliance with processes and procedures that provide at least the same level of public health protection as those required under section 419 of the FD&C Act (regarding standards for produce safety) and the implementing regulations in the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption.
The full warning letter can be viewed here.
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If you’ve been less than satisfied with a food product or a restaurant meal lately, you’re not alone. The problem has grown to be quite common. While some consumers simply toss out a few complaints and call it a day, others have resorted to more drastic legal measures to address their grievances.
Lawsuits against food and beverage companies have gone through the roof in recent years—peaking in 2021 with a total of over 300 class action lawsuits filed. Many of these cases hold a lot of legitimacy, addressing issues such as harmful materials found in products, untrue sustainability claims, or false advertising. No, you can’t call a product “100% Natural” if it’s chock full of preservatives and artificial sweeteners.
So yes, many of these litigious claims prove to have validity. But there are always a select few that are rather gratuitous and, in some cases, downright bizarre. We all remember the woman who sued McDonald’s for coffee that was “too hot,” or when Kellogg’s faced a lawsuit for its fruitless Froot Loops.
Here are some of the craziest lawsuits brought against food companies in 2022.
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Keith Homan/Shutterstock
Time is certainly a valuable asset—but is a couple of extra minutes worth $5 million? According to Florida consumer Amanda Ramirez, the answer is yes. Ramirez filed a class action lawsuit against Kraft Heinz in November, claiming that the company’s Velveeta Shells & Cheese takes longer than its advertised 3.5 minutes to make. The lawsuit makes the argument that this allotted time only covers the step of microwaving the product, and other actions like opening the package and mixing together water and cheese sauce are not factored in.6254a4d1642c605c54bf1cab17d50f1e
In response, a Kraft Heinz spokesperson told CNN“We are aware of this frivolous lawsuit and will strongly defend against the allegations in the complaint.”
Billy F Blume Jr / Shutterstock
You may recall a lawsuit revolving around Barilla pasta and its non-Italian origins. Well, another very similar case popped up around the same time focused on the Texas Pete hot sauce brand.
Contrary to its name, the hot sauce is not made in the Lone Star state. It is actually crafted in Winston-Salem, NC—a fact which California resident Philip White was shocked to learn and which ultimately prompted the class action lawsuit. White says that despite the hot sauces’ Texas-style images, which include the white star from the state’s flag and a cowboy, “there is surprisingly nothing Texas about them,” and he wouldn’t have purchased the product if he had known its true origin.
While White appears to be tricked by the brand’s name and appearance, the company’s website does explain the inception of Texas Pete in detail and clearly states that its actual home is, and always has been, North Carolina. A quick peek at the product’s back label also reveals it is from North Carolina.
Blue Diamonds
Accurate wording is everything when it comes to advertisements—a lesson that the snack company Blue Diamond was faced with earlier this year. One customer, Margo Clark of Chicago, was outraged that the company’s Smokehouse flavored almonds were in fact not produced in a smokehouse. According to Clark, since the almonds are not made through the process of using actual smoke, and instead simply include a “natural hickory smoke flavor,” they are not worthy of the name.
The filing goes on to mention that the almonds’ orange and red-colored container is misleading as it is “evocative of the colors of fire.” And, the complaint additionally argues that “foods that are not made in a smokehouse should contain a prominent statement such as ‘with added smoke flavor,’ ‘smoke-flavored’ or with ‘natural smoke flavor.'” This is certainly one consumer who is nuts about their nuts!
Courtesy of McDonald’s
We’ve all fallen victim to something (or someone) that looks better in a picture than it does in person. And burgers are no exception. In a lawsuit filed earlier this year, New Yorker Justin Chimienti alleged that big burger chains McDonald’s and Wendy’s misrepresented their products—including popular burgers like The Baconator and the Big Mac—in advertisements.
The claim asserts that these companies photograph their products when the meat is not yet fully cooked, making them look up to 15-20% larger than in real life—a tactic which is “unfair and financially damaging” according to the plaintiff.
This case followed closely after a similar one against Burger King, putting all three of America’s top burger chains in hot water this year.
melissamn / Shutterstock
Multiple lawsuits have been filed in recent years against Kellogg’s Frosted Strawberry Pop-Tarts and their disheartening lack of real strawberries. Consumers have taken issue with the toaster pastries of other flavors as well, such as apples and pears, which they claim to be inferior to strawberries
Tucked just south of Interstate 70 near US 63, a restaurant offers more than just Mexican food in the back of a small plaza.
Known as Los Comales, the restaurant has a small store with various goods from Mexico, ranging from shampoos and laundry detergents to produce. Varying shades of red paint, bright and warm, surround the refrigerated and freezer sections. Art yet to be hung lies nearby. Beyond that is a butcher counter that offers cuts of carnitas, chorizo, carne asada, al pastor and other specialty meats.
Ismael Mendez, the manager, said that beyond the store and butcher it has, Los Comales’ Mexican recipes set it apart from other local restaurants he considers “Tex-Mex.”
“The chipotle chimichanga is one of the best; people love it,” Ismael said. “My grandma used to make those over there (in Mexico), but here, it’s different.”
Mendez learned to cook from his grandmother, using her own recipes in his kitchen. His brother, Ezequiel Mendez, owns the business. The menu includes Mexican dishes like burritos, enchiladas, tamales and other classics, ranging in price from $10 to $18. The most popular dishes among customers so far are the tacos, Ismael said.
Los Comales’ store is open daily from 9 am to 9 pm; the restaurant is open from 11 am to 9 pm The concept for setting up the business came from his relatives in Chicago, who own a restaurant and combined store.
Social media has helped Los Comales in gathering customers, specifically from Facebook groups where people share their experiences with businesses in the Columbia area, Ismael Mendez said.
“They started coming in because we have people who have started posting. We don’t know where they’re even coming from, because I guess the group is private,” he said.
Among Mendez’s favorite items on the menu is quesabirrira: tacos made from stew meat then cooked in the fat from the stew, typically topped with Oaxaca cheese.
“I want a taste of Mexico,” he said, “not a taste of here.”
