Posted December 5, 2013
The U.S. Justice Department received a two-month extension in a $40 million lawsuit that tomato growers filed against the government for losses in 2008 when officials named tomatoes in a salmonella outbreak that was later found to be linked to hot peppers from Mexico, according to an article by The Grower, available here. The Packer also reported on the story here.
Attorneys from the Justice Department requested an extension, citing delays related to the shutdown of the federal government in October. The government’s answer to the grower’s complaint is now due January 24, 2014.
The plaintiff tomato growers argue that the Food and Drug Administration (FDA) erroneously named tomatoes as the source of a salmonella outbreak later linked to hot peppers from Mexico. The plaintiffs argue that tomato prices dropped from $18-$19 per box to $4 per box and some growers argue they sold their crop for 50 cents per box.
The plaintiffs are asking for $40 million in damages under the eminent domain clause of the Fifth Amendment of the U.S. Constitution. The plaintiffs are also seeking class action status.
For more information on food safety, please visit the National Agricultural Law Center’s website here.
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