District Court Enters Injunction Against New York Company and Corporate Executives to Prevent Adulteration of Fish Products

BROOKLYN, NY – The United States District Court for the Eastern District of New York entered a permanent injunction against Foo Yuan Food Products Company Inc. (Foo Yuan) of Long Island City, New York, its Owner and President Hsing Chuang, and its Secretary Susan Chuang.  The injunction permanently enjoins the defendants from preparing, processing and distributing food products without first taking required remedial action designed to protect consumers from adulterated fish and fishery products.

The injunction stems from a civil complaint the Department of Justice filed on August 20, 2018, at the request of the U.S. Food and Drug Administration (FDA).  The complaint alleged that the defendants, who prepare, pack, hold and distribute refrigerated and frozen ready-to-eat fish balls, fried fish cakes and fried fish balls, failed to adequately control the risk of Clostridium botulinum and Listeria monocytogenes (L. mono.) growth and toxin formation in susceptible fish and fishery products.  During inspections over a number of years, the FDA documented significant deficiencies, including failure to maintain clean work surfaces and to ensure that workers were conforming to hygienic practices.

The complaint further alleged that defendants violated the Federal Food, Drug, and Cosmetic Act by causing adulterated food to be introduced into interstate commerce or delivered for introduction into interstate commerce.  It also alleged that the defendants violated the law by causing food to become adulterated while it was being held for sale after the shipment of one or more of its components in interstate commerce. The defendants did not file a response to the complaint.

The District Court’s order permanently enjoins defendants from preparing, processing and distributing food products without first taking required remedial action set forth in the District Court’s order.  The measures include, among other things, retaining an independent expert to assist with remedial efforts, including development and implementation of a Listeria Monitoring Program.  In addition, defendants’ expert must conduct hazard analyses and develop a written Hazard Analysis and Critical Control Point plan for each type of fish or fishery product prepared, processed or distributed by defendants to effectively control food safety hazards. 

“The defendants’ failure to respond to the serious allegations in the government’s civil complaint was in keeping with their failure to follow FDA regulations in place to protect the public from adulterated fish products,” stated United States Attorney Richard P. Donoghue.  “The injunction ensures they are out of business until they can comply with all applicable laws and regulations.”

“The Department of Justice is committed to ensuring that fish processors comply with federal laws designed to ensure food safety,” stated Assistant Attorney General Jody Hunt of the Justice Department’s Civil Division.  “The Department of Justice will continue to work with the FDA to ensure that Americans are protected from potentially unsafe food.” 

“Taking steps to keep potentially unsafe food out of the U.S. food supply is at the heart of the FDA’s mission to protect public health,” stated Associate Commissioner for Regulatory Affairs Melinda K. Plaisier.  “When a company does not follow good manufacturing practices and fails to come into compliance, the FDA will take action to protect the health and safety of Americans.”

The matter is being handled by Assistant United States Attorney Michael J. Castiglione of the United States Attorney’s Office for the Eastern District of New York together with the Department’s Civil Division’s Consumer Protection Branch, assisted by Associate General Counsel for Enforcement Tara Boland of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.