Fresh Del Monte Produce Inc. (FDP), a fruit and vegetable distributor, said Wednesday it has filed a lawsuit against the U.S. Food and Drug Administration, seeking to reverse an FDA rule that restricts the import of wholesome fresh cantaloupes into the U.S.
Fresh Del Monte Produce said that its subsidiary Del Monte Fresh Produce, N.A., Inc., which is one of the largest importer of cantaloupes into the U.S., filed the lawsuit on Monday, August 22, in U.S. District Court for the District of Maryland.
The company said the FDA's actions adversely affected its ability to receive perishable fresh produce for sale to its customers in the U.S., as the import alert threatens the viability of a major import source for cantaloupes.
According to the company, the FDA and several other state health agency officials have "erroneous speculated", unsupported by scientific evidence, that cantaloupes previously imported by it from a Guatemalan farm and packing facility were contaminated with the pathogen Salmonella.
"In fact, neither the FDA nor any state health agency in the U.S. has offered evidence or data to support the FDA action," Fresh Del Monte Produce said.
According to the company, the melons are farmed, processed, transported, and stored under state-of-the-art food safety controls that far exceed FDA regulatory requirements.
Dennis Christou, Vice President Marketing, N.A. of Del Monte Fresh said, "The farm and packing facility at issue in this case was in full compliance with these food safety procedures. The restrictions imposed by the FDA on Del Monte Fresh Produce's ability to import cantaloupes are unnecessary and not supported by the facts."
In Wednesday's regular trading, FDP is trading at $23.97, up $0.34 or 1.44 percent on a volume of 30,727 shares.
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