Nestle Withheld Info on Cookie Dough Contamination, FDA Says
Nestle USA repeatedly refused to hand over inspection reports or grant government inspectors access to its Toll House cookie dough production facility which is now at the center of a suspected outbreak of E. coli bacteria, the Food and Drug Administration said.
About 300,000 units of prepackaged, refrigerated Toll House brand cookie dough were recalled last week after the FDA announced dozens of consumers had become ill after eating the raw cookie dough. At least 69 people have been sickened in 29 states, according to the Centers for Disease Control and Prevention.
At least two personal-injury lawsuits have been filed against Nestle for injuries caused by contaminated cookie dough. A Northern California woman and the family of a Colorado toddler have sued the company seeking financial compensation for their injuries and other legal remedies.
The recalled cookie dough products were made at a Nestle manufacturing facility in Danville, Virginia.
Access Denied
According to a report in The Wall Street Journal, Nestle officials refused to give the FDA access to records relating to pest control and other issues during inspections conducted since about 2004. In September 2006, an FDA inspector was denied access to consumer complaints lodged with the company as well as information on the facility’s food contamination prevention program.
Minor violations which were detected during the limited inspections, such as bug infestation and dirty equipment, were not enough to shut down the facility, the FDA said.
Nestle officials said they were not legally obligated to grant the FDA inspectors access to the documents.
Loophole May be Closing
Under current laws, most food manufacturers are not required to show certain types of internal records to the FDA. However, companies that produce particular food products, such as infant formula, are held to stricter standards about sharing documents with FDA inspectors and under some circumstances, the FDA has authority to force companies to hand over the information.
But those lax disclosure rules could soon change. Congressional leaders are moving toward passing legislation that would grant the FDA greater access to inspection reports and other documents kept at food-manufacturing facilities.
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