Government Not Required to Prove Intent or Consciousness of Wrongdoing to Convict the Jensen Brothers

As the produce industry follows the fate of Eric and Ryan Jensen many articles and commentary have surfaced in support of the brothers Jensen.  However, these articles and commentary all focus around a significant misconception about the government’s burden  of proof.  Specifically, the gen…

Jason Klinowski to Speak at the Upcoming Food Regulatory Compliance Summit in Chicago

On October 4, 2013, Jason Klinowski will join Daniel Shaw – Vice President, Deputy General Counsel at H.J. Heinz Company – to address food recalls and to discuss practical tips and best practices for preventing common pitfalls and minimizing downstream litigation exposure.  Please…

Another Successful Conference in the Books… Thank You for Joining Us!

I wanted to take a second and thank everyone who joined me and Freeborn’s Food Industry Team at Michael Jordan’s Steakhouse for a cocktail reception after the Midwest Produce Conference & Expo.  Those of you who attended know that Freeborn’s event provides a great way for…

Freeborn to Exhibit at United Fresh!

Please stop by Booth # 840 and visit Jason Klinowski of Freeborn & Peters.  Members of our Food Industry Team will be on hand to greet everyone.  Come see us!

Canadian Food Inspection Agency Not Liable for Negligent Performance of its Duties

In April of 2013, Nicholas Kluge wrote an article titled: Government Liability for an Unnecessary Product Recall  This article analyzed the recent decision of Los Angeles Salad Co. v. Canadian Food Inspection Agency, 2013 BCCA 34, which is a British Columbia Court of Appeals case.  In this…

PACA Trust Litigation Alert!

PACA Trust Litigation Alert
On March 21, 2013, a civil action was filed in Pennsylvania against Jerilu Fruit and Produce Company d/b/a Jerilu Produce Center to collect about $423,700.00 in alleged PACA trust debt.
On April 3, 2013, a civil action was filed in California against The Alphas…

Obama’s Proposed Budget for FY2014 Calls For $252 Million in Fees For the Food Industry

As reported by Food Safety News on April 11, 2013, the Obama administration is “seeking a significant increase in funding at the U.S. Food and Drug Administration to help the agency implement the monumental Food Safety Modernization Act.”  Obama Administration Seeks FDA Funding…

United Fresh Produce Association Calls for More Time to Comment on FSMA’s Proposed Rules

On April 11, 2013, United Fresh Produce Association, on behalf of almost 90 separate produce industry groups, formally petitioned the FDA to enlarge the May 16, 2013 deadline for submitting industry comments to the proposed Produce Safety and Preventative Controls Rules under FSMA.  United…

PACA Trust Litigation Alert

PACA Trust Litigation Alert
On April 2, 2013, a civil action was filed in New Jersey against New Edge International, LLC to collect about $31,600.00 in alleged PACA trust debt.
Please check your A/R to see if this case affects you.  If it does, please do not wait to assert your rights.

FDA Extends Comment Period on the IFT’s Report to the FDA on the Improvement of Tracking and Tracing Food

On April 2, 2013, the FDA issued a Notice extending the comment period on the Institute of Food Technologists’ findings and recommendations to the FDA for the improvement of tracking and tracing food under FSMA.  The new deadline to submit comments on the IFT’s report is July 3,…