Posted February 19, 2014
Wal-Mart Stores, Inc., a defendant in lawsuits by
victims of the deadly 2011 listeria outbreak, has now filed suit against the
grower, distributor, and third-party auditor, according to an article by The
Packer available here.
The deadly listeria outbreak linked to cantaloupe from
Jensen Farms killed 33 people and sickened 147 across 28 states. Eric and Ryan Jensen, owners of Jensen farms,
pleaded guilty to federal charges of introducing adulterated food into interstate
commerce. The brothers were recently
sentenced in the criminal case.
Background on the case is available here.
Wal-Mart filed its complaint in Wyoming federal court,
asserting third-party claims against Edinburg, Texas distributor, Frontera
Produce Ltd., auditors Primus Group Inc. and Bio Food Safety Inc. and Jensen
Farms. Primus subcontracted with Bio
Food Safety to conduct the on-site audit of the cantaloupe farm, “which
resulted in a superior rating of 96%.”
Bill Marler, Seattle food safety attorney, and counsel
for 45 of the 66 victims in this outbreak said that Wal-Mart’s naming of a
third-part auditor is novel. Marler
said, “I’ve never seen it before where a retailer has a third-party complaint
against an auditor.”
For more information on food safety, please visit the
National Agricultural Law Center’s website here.
