Justice Department Files Suit Against Cheese Manufacturer

* Reuters is not responsible for the content in this press release.

Tue Jul 7, 2009 6:54pm EDT

Company Failed to Correct Violations Despite Being Advised by Federal
Officials to Do So and Fines by State Officials

WASHINGTON, July 7 /PRNewswire-USNewswire/ -- The U.S. Department of Justice,
on behalf of the U.S. Food and Drug Administration, today filed a complaint
seeking injunctive relief against Peregrina Cheese Inc., Brooklyn, N.Y., and
two of its officers: Javier Peregrina and Isabel Peregrina.

The company prepares and processes a variety of cheeses, sour cream, flan and
gelatin products and distributes them to specialty grocery stores in
northeastern Pennsylvania and in the New York City area.

The government's complaint, filed today in the Eastern District of New York,
alleges that the company has an extensive history of operating under
insanitary conditions and producing cheese contaminated with Listeria
monocytogenes.  Listeria is a foodborne pathogen that can cause serious
illness and death.

If entered by the court, the injunction would temporarily stop the company and
its officers from manufacturing and distributing food until further action is
taken by the court.

"This company has consistently failed to make corrections to improve the
insanitary conditions under which it processes cheese products, despite
frequent warnings to do so," said Michael Chappell, the FDA's acting associate
commissioner for regulatory affairs. "The FDA will not tolerate food companies
that fail to provide adequate safeguards."

"When called upon by the FDA, the Department of Justice is ready and able to
prevent the distribution of adulterated food to American consumers," said Tony
West, Assistant Attorney General for the Justice Department's Civil Division.

"The public must be able to trust that the food in their grocery stores is
safe for them to eat," said Benton J. Campbell, the United States Attorney for
the Eastern District of New York. "We will continue to work with the FDA to
ensure that companies that produce food under dangerous or insanitary
conditions take corrective action to clean up their act."

As alleged in the complaint, on numerous occasions since 2004, FDA
investigators found Listeria monocytogenes in finished cheese products and
inside Peregrina Cheese's facility.  Additionally, routine laboratory testing
by New York State Department of Agriculture and Markets (NYSDAM) also found
Listeria in the company's products on numerous occasions since 2003.

The FDA and NYSDAM inspections also revealed that the company repeatedly
violated the current Good Manufacturing Practice (cGMP) requirements for
foods.  Investigators found filthy conditions, standing water in food
processing equipment, workers inappropriately dressed and a dead rodent inside
the plant.

The government's complaint alleges that both the FDA and NYSDAM repeatedly
advised Peregrina Cheese and its officers of their cGMP violations; NYSDAM has
also assessed fines against the company. 

Peregrina Cheese's lack of effective measures to bring its food processing
operations into compliance with the law poses a public health threat because
of the potential that Listeria will be in the food processed by the company.

Listeriosis, the illness caused by Listeria monocytogenes, can be serious and
sometimes cause fatal infections in young children, frail or older people, and
others with weakened immune systems. Although healthy individuals may
experience only short-term symptoms, such as high fever, severe headache,
stiffness, nausea, abdominal pain and diarrhea, Listeria infection in pregnant
women can cause miscarriages and stillbirths.

No illnesses have been reported to date from Peregrina Cheese products.
However, if individuals have eaten the products and are experiencing any of
the symptoms listed above, they should contact their health care professional.



SOURCE  U.S. Department of Justice

U.S. Department of Justice, +1-202-514-2007, TDD +1-202-514-1888
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