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Public Policy

Judge Finds No “Taking” Of Property in FDA Tomato Warning

By Stefanie Jill Fogel

In 2008, the FDA issued a warning that tomatoes from Texas and New Mexico might be contaminated with salmonella, but did not prohibit their sale. In the wake of plummeting tomato sales, a group of growers sued the US government for compensation for a regulatory taking. On September 18, a judge in the US Court of Federal Claims dismissed the complaint. While the FDA issued a warning, the judge ruled, no property was “taken” since the government did not prohibit tomato sales. According to the decision, “[a]dvisory pronouncements, even those with significant financial impact on the marketplace, are not enough to effect a taking of property under the Fifth Amendment.”

Dimare Fresh, Inc. v. United States, 2014 U.S. Claims LEXIS 985 (Fed. Cl. Sept. 18, 2014) [enhanced version available to lexis.com subscribers]

Read more about food and beverage law in Food and Beverage News and Trends.

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