NY Fish Manufacturer Faces FDA Injunction

The U.S. Department of Justice announced that it was seeking a preliminary injunction against New York City Fish, Inc. and several of the company’s employees on Friday for allegedly manufacturing and distributing ready-to-eat fish products under unsanitary conditions.  According to a FDA press release, the injunction is intended to restrain the fish company  “from distributing these products into interstate commerce until they comply with the requirements of the Federal Food Drug and Cosmetic Act (Act).”

A complaint filed in U.S. District Court for the Eastern District of New York states that the FDA conducted 7 inspections at the New York City Fish facility between 2006 and 2013 and that during 6 of those inspections, environmental samples collected later revealed contamination with Listeria monocytogenes, a potentially deadly foodborne pathogen.  The FDA inspectors also allegedly found that the company repeatedly failed to have and implement a Hazard Analysis and Critical Control Points (HACCP) plan for seafood products; verify required records in a timely manner; and implement required corrective actions.  All manufacturers of seafood products must have and implement a HACCP plan for each of its locations that address each process and kind of product processed at the facility and associated food safety hazards that are reasonably likely to occur.  “These companies have ignored previous warnings by the FDA and have continued to produce and distribute products in violation of federal law,” said Melinda Plaisier, the FDA’s acting associate commissioner for regulatory affairs. “This lawsuit shows that the FDA will aim to protect public health by seeking enforcement action against companies that are identified as violating federal requirements.”